“Decreasing Marijuana Penalties” Legislation

“Decreasing Marijuana Penalties” Legislation


Senate Bill 258, Sponsored by Joseph Cervantes who is from District: 31, County: Doña Ana, Service: Representative from 2001-2012; Senator since 2013 and Occupation: Attorney. This bill will be in Senate Public Affairs Committee, today at 2:30p, Friday February 17th 2017. The bill proposes to amend 30-31-23 NMSA 1978 to reduce the penalties for possession of cannabis. A person convicted of possessing one ounce or less of cannabis would be issued a $50 penalty assessment; more than one ounce but not more than four ounces would be a petty misdemeanor; more than four ounces but not more than eight would be a misdemeanor; and more than eight ounces would be a fourth degree felony. The penalties for possession of synthetic cannabinoids would remain unchanged.


SB 258 would also amend 30-31-25.1 NMSA 1978 to provide that a person who is found guilty of violating subsection A (use or possession of drug paraphernalia) would be issued a $50 penalty assessment. Finally, the bill would create a new section of Chapter 31 NMSA 1978 for penalty assessments under the Criminal Code.


Offense
Penalty
Incarceration
 Max. Fine  
Proposal of SB-258

NM Possession Laws / Penalties Currently

New Bill Proposes (first offense is Not a criminal charge)
1 oz or less (first offense)
Misdemeanor
15 days
$ 100
$50 ( or warning )
1 oz or less (second offense)
Misdemeanor
1 year
$ 1,000
More than 1 – less than 8 oz
Misdemeanor
1 year
$ 1,000
1oz-4oz is $200 4oz -7.99oz $300 (both misdemeanor) ( or warning issued)
8 oz or more
Felony
1.5 years
$ 5,000
Becomes 4th degree Felony – fine determined in court

Paraphernalia

Possession or distribution of paraphernalia
Misdemeanor
1 year
$ 100
$50

Penalty Details

“Marijuana is a schedule I(c) hallucinogenic substance under New Mexico’s Controlled Substances Act.”
See


Senate Public Affairs Committee  : Friday (Room 326)- 2:30 p.m


Committee Members

Title
Name
Party
Role
Senator
D
Chair
Senator
D
Vice Chair
Senator
R
Member
Senator
R
Member
Senator
D
Member
Senator
D
Member
Senator
D
Member
Senator
R
Ranking Member
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