There is a long list of drugs that are illegal to possess or distribute in New Mexico, including marijuana, cocaine, heroin, and methamphetamine. It is also illegal to possess or sell prescription narcotics without a prescription or license.
Under state law, possession is usually a 4th degree felony, and carries a potential sentence of probation to 18 months in prison. Possession of less than an ounce of marijuana, however, is a misdemeanor. Distribution, or trafficking, can be a second degree felony, with a maximum sentence of 9 years. A second conviction for trafficking carries a mandatory sentence of 18 years.
Large scale drug offenses are often prosecuted in Federal Court, where defendants are subject to Federal Sentencing Guidelines.
A lawyer will make sure that the Police and District Attorney have followed the strict rules, laws, and regulations that apply. We can question whether the arrest was constitutional? Did the officer have a warrant? Was I read my rights? Did I consent to be searched? Can we suppress the evidence? These questions and many more should be evaluated in every case. Please call Aaron J. Boland for a free consultation.