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.

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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