Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Our state is known as the Land of Enchantment, not the Land of Chemical Enhancement. And while it may seem like social attitudes regarding drug use are changing in other states, with laws trending towards leniency even with recreational drug use, New Mexico hasn’t followed suit. So lest you go out and try to be the next Walter White, you should know what is prohibited and what the possible penalties are for the possession, sale, and trafficking of heroin. This is a basic overview of heroin laws in New Mexico.
The specifics of state drug laws can vary, depending on the state in which you live, the type of drug, and the amount of drugs involved. As an example, the sale of heroin in New Mexico is a felony, punishable by up to 18 years behind bars and $15,000 in fines. New Mexico's heroin statutes are highlighted below.
Code Section |
New Mexico Statutes 30-31-1, et seq.: Controlled Substances |
Possession |
New Mexico Statutes 30-31-23: Possession Prohibited 4th degree felony |
Sale |
|
Trafficking |
New Mexico Statutes 30-31-20: Trafficking 2nd degree felony; Subsequent offense: 1st degree felony; Within drug-free school zone: 1st degree felony |
Heroin continues to be listed as a Schedule I narcotic, with possession and sale prohibited at the state and federal level, therefore it is not just state drug statutes that you need to be concerned with. Federal narcotics laws prohibit everything from simple possession all the way up to manufacturing and cultivation and trafficking and distribution, and a federal drug convictions for possession and sale across state lines can carry severe penalties. Due to the high rate of drug crimes and incarceration, some states have created “drug courts” which can offer non-violent offenders the chance to enroll in drug treatment and counseling alternatives in lieu of serving long prison sentences. The Judicial Branch is in charge of Problem Solving Courts in New Mexico.
Drug addiction and drug convictions are serious matters and both can be emotionally and legally hard to deal with. For additional articles and resources on this topic you can visit FindLaw's section on Drug Charges. If you would like legal assistance with a drug matter, you can consult with a New Mexico drug crime attorney. And if you or someone you know may have a drug or substance abuse problem, New Mexico’s Office of Substance Abuse Prevention has resources that can help.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many New Mexico attorneys offer free consultations for Drug Crime.
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