Medical Marijuana in New Mexico

In April, 2007 Senate Bill 523 was passed in New Mexico which allowed the use of medical marijuana for persons suffering from certain medical conditions. The law, called the Lynn and Erin Compassionate Act, permits these patients to apply for a medical marijuana license. Once they are licensed, patients are allowed not more than 6 ounces of marijuana at any given time. They may also apply for a producer's license, which allows them to grow their own plants for use. State-licensed producers are allowed to grow up to 150 plants at a time. They are permitted to obtain seeds, plants, or usable marijuana from other nonprofit state-licensed producers. Under this state law, the licensing fee for producers is $5,000 if they have been licensed for less than one year, $10,000 for those licensed for more than a year, $20,000 for those licensed for more than two years, and $30,000 for those licensed for more than three years.

The Department of Health (DOH) is the administrative agency in New Mexico for the Medical Cannabis Program (MCP) which operates under the Lynn and Erin Compassionate Act. It also enforces any criminal laws where it finds illegal behavior. As part of the program, Qualified Patients may designate a Primary Caregiver who is responsible for the management of their medical marijuana case. According to the DOH, more than 9,000 active patients were part of the program as of April 30, 2013. The medical conditions which qualify one for a medical marijuana license include severe chronic pain, cancer, multiple sclerosis, glaucoma, epilepsy, HIV / AIDS, Crohn's Disease, Lou Gehrig's Disease, post-traumatic stress, and more. Qualified patients in the program are not subject to criminal arrests if they do not possess more of the drug than the MCP allows.

Criminal Defense Attorney in Albuquerque

New Mexico follows the same classifications for illegal drugs as does the federal government. Those without a medical marijuana license who are found in possession of marijuana or any other illegal drugs can expect to be arrested and charged with a misdemeanor or felony, depending on the circumstances. Drug crime convictions are punishable by jail time, heavy fines, probation, and possible restitution. Those whose drive while under the influence of any drug which impairs their driving ability will also face criminal arrest and penalties.

If you are facing a drug crime arrest or any other type of criminal arrest in or around Albuquerque, you can find experienced and aggressive legal representation at the Romero Law Firm, P.A. Lead attorney Romero is a bilingual (Spanish) criminal defense lawyer with a decade of experience. He has handled cases involving a wide variety of misdemeanors, felonies, and federal drug charges and has appeared in local, District, and Appeals courts as well as the New Mexico Supreme Court. He has earned a well-respected reputation for his trial work and fearless representation of clients. To learn more about how he can help you, contact his firm for a free case evaluation.