Possession Of Cocaine
Legal Definition
A person commits possession of cocaine by knowingly or intentionally possessing any amount of cocaine, a Schedule II controlled substance under New Mexico law. The offense does not require proof of intent to distribute; mere possession is sufficient. Cocaine includes the base form and its salts, optical isomers, and salts of isomers.
Possible Punishment
Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory 1-year period of parole. New Mexico law also allows for conditional discharge and deferred sentencing for certain first-time drug offenders, which may result in dismissal upon successful completion of conditions.
Local Context
Possession of cocaine is distinct from possession with intent to distribute (§ 30-31-22) and trafficking (§ 30-31-20), which carry significantly higher penalties. The quantity possessed may be relevant to whether the state charges simple possession or a distribution-related offense. New Mexico decriminalized possession of small amounts of certain drugs in limited contexts, but cocaine possession remains a felony.
Drug Cases in Doña Ana County
New Mexico legalized cannabis for adults in 2021, so the drug bookings in our records now involve almost everything except small-amount marijuana: methamphetamine, fentanyl, heroin, and cocaine dominate. Simple possession of those substances is generally a fourth-degree felony, while trafficking charges start at a second-degree felony.
Doña Ana County sits on the I-10 and I-25 corridors with Border Patrol checkpoints on the highways out of Las Cruces, so interdiction stops feed a steady stream of trafficking cases, and larger seizures are sometimes charged federally instead of in state court. Treatment-oriented diversion, including drug court in the Third Judicial District, is available in some cases.
Related Guides
Drug Charges in New Mexico: Cannabis, Possession, and Trafficking Explained
How New Mexico drug law works after cannabis legalization: what is still illegal, felony possession under NMSA 30-31-23, trafficking penalties, and local enforcement.
Jail vs. Prison in New Mexico: Why Everyone in Our Booking Feed Is in Jail
County jail and state prison are different systems. Who goes where in New Mexico, how sentencing decides it, and what a booking record actually means.
Recent Arrests for This Charge (9)
Anthony Man, 36, Booked on Felony Drug and Domestic Battery Charges
AUGUSTINE AGUIRRE | 3 charges
Las Cruces Man, 60, Booked on Felony Drug Possession Charges
JAMES MCKAY | 2 charges
Fayetteville Man, 31, Booked on Cocaine Possession and Aggravated Dwi
THOMAS HRUBY | 3 charges
Las Cruces Man, 20, Faces Felony Charges Including Assault on an Officer
ISAAC HERNANDEZ | 5 charges
Las Cruces Man, 25, Charged with Possession of Cocaine
ISRAEL JOHNSON | 4 charges
Brazito Man, 35, Charged with Possession of Cocaine
JOSEPH DEL MURO | 1 charge
Sunland Park Man, 61, Charged with Failure to Appear
CARLOS MOLINA | 4 charges
Anthony Frank Lopez, 28, of Las Cruces Booked on Felony Drug Possession Counts
ANTHONY LOPEZ | 3 charges
Vado Man, 43, Booked on Cocaine Possession and Battery Against Household Member
CHRISTOPHER DOMINGUEZ | 2 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.