Possession Of Methamphetamine

Legal Definition

A person commits possession of methamphetamine when they knowingly possess any amount of methamphetamine, a Schedule II controlled substance. Methamphetamine includes its salts, isomers, and salts of isomers. Possession may be actual (on one's person) or constructive (exercising dominion and control over the substance or the premises where it is found).

Possible Punishment

Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory period of parole of at least one year applies. Sentencing may be enhanced for prior felony convictions under New Mexico's habitual-offender statute. Conditional discharge or deferred sentencing may be available for first-time offenders under § 31-20-13 NMSA.

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.

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