Possession Of Controlled Substance
Legal Definition
A person commits possession of a controlled substance when they knowingly or intentionally possess a controlled substance, except as authorized by the Controlled Substances Act. The offense applies to substances listed in Schedules I through V of the Act, which include narcotics, stimulants, depressants, hallucinogens, and certain prescription medications. Possession may be actual (on the person) or constructive (control over the location where the substance is found).
Possible Punishment
Basic sentence of 18 months imprisonment; fine up to $5,000. Upon completion of the prison sentence, a mandatory period of parole of 1 year is imposed. Sentencing may be affected by the quantity possessed, the specific schedule of the controlled substance, and any prior drug convictions. Certain possession offenses involving smaller amounts of marijuana or cannabis may be subject to different penalties under recent amendments.
Local Context
The classification and penalty depend on the schedule and amount of the controlled substance. Possession of marijuana in amounts under certain thresholds may be treated differently or decriminalized under recent legislative changes. This statute is distinct from possession with intent to distribute (§ 30-31-22 NMSA), which carries more severe penalties. The charge code 18EJ typically corresponds to simple possession without aggravating factors.
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 (26)

Las Cruces Man, 36, Booked on Drug Possession and Multiple Failure to Appear Warrants
VICTOR MADRID | 3 charges

Las Cruces Man, 34, Booked on Felony Larceny and Property Damage Charges
RAUL FIGUEROA | 16 charges

Sunland Park Man, 47, Booked on Drug Possession and Property Damage Charges
BALDEMAR HERNANDEZ | 3 charges

Las Cruces Man, 33, Booked on Felony Drug Possession Charge
STEVEN MONTOYA | 1 charge

Las Cruces Man, 26, Charged with Possession of Controlled Substance
STEPHANO TENA LANDON | 3 charges

Las Cruces Man, 39, Charged with Possession of Controlled Substance
HECTOR ANDRADE | 4 charges

Arrey Woman, 34, Charged with Possession of Controlled Substance
CHRISTY SALLEE | 1 charge

Las Cruces Man, 35, Charged with Possession of Controlled Substance
ANTHONY CONNOR | 2 charges

Las Cruces Man, 36, Charged with Possession of Controlled Substance
STEVEN NAJVAR | 3 charges

Las Cruces Woman, 22, Charged with Battery Against a Household Member
CRYSTAL MORENO | 4 charges

Las Cruces Man, 36, Charged with Possession of Controlled Substance
ADRIAN CORRAL | 3 charges

Las Cruces Man, 64, Charged with Failure to Appear
RAIMUND RAEL | 3 charges

Las Cruces Man, 28, Charged with Failure to Appear
BRENDEN CHAVEZ | 6 charges

Las Cruces Woman, 31, Charged with Failure to Appear
OLIVIA DURAN | 3 charges

San Miguel Man, 31, Charged with Possession of Controlled Substance
SHAWNE WRIGHT | 2 charges

Man, 29, Charged with Failure to Appear in Doña Ana County
NOEL OLIVAS | 6 charges

Albuqurque Woman, 53, Charged with Possession of Controlled Substance
ELIZABETH MELON | 2 charges

Las Cruces Woman Arrested on Drug Possession and Failure to Appear Charges
ISABELLA ZEPEDA | 2 charges

Vado Man, 23, Jailed on Four Felony Probation and Parole Violation Allegations
ANGEL IBARRA | 5 charges

Jorge Armando Carrillo, 45, Booked on Meth Possession, Probation Violations
JORGE CARRILLO | 4 charges

Las Cruces Man, 40, Booked on Seven Counts Including Felony Drug Possession, Probation Violation
IVAN OLVERA | 7 charges

Las Cruces Man, 57, Booked on Drug Possession and Probation Violation Counts
CURTIS FIELDER | 6 charges

El Paso Woman, 31, Booked in Las Cruces on Drug Possession and Probation Violation
MICHEALA MCBURROWS | 4 charges

Las Cruces Man, 34, Booked on Kidnapping and Aggravated Battery Charges
ALEXANDER MADRID | 35 charges

Las Cruces Man, 39, Faces Kidnapping and Aggravated Fleeing Charges After I-10 Arrest
JAMES LINCK | 8 charges

Las Cruces Man, 41, Booked on Attempted Murder and Aggravated Battery Charges
JEFFREY CRUICKSHANK | 22 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.