Drug Crimes Lawyer in Las Vegas, New Mexico


New Mexico is quickly becoming one of the most aggressive states when it comes to pressing charges against people accused of drug crimes. Drug crimes encompass a range of offenses, including drug trafficking, illegal drug possession, and drug sales. If you are charged with a drug crime, contact a criminal defense attorney immediately who will help protect your rights and fight for you against prosecution.

Types of Drug Crimes

The charges brought against you for drug crimes fall into various categories depending on the type and amount of the drug involved and your activity at the time of the arrest.

Possession of a Controlled Substance

The New Mexico statutes, state it is against the law to be in the unlawful possession of controlled substances, which include drugs such as marijuana, cocaine, heroin, methamphetamine, and prescription drugs that have not been prescribed to you.

Most possession charges are treated as felonies in New Mexico. The severity of the penalty for possession of a controlled substance depends on the quantity and classification of the drug. If the quantity of drugs found on your person or in your car or home is deemed to be more than what is necessary for personal use, a possession charge may be elevated to a more severe charge that carries higher penalties, such as possession with intent to distribute, which is a second-degree felony.

Possession of marijuana charge ranges in severity from a civil penalty to a full misdemeanor. If the amount possessed is considered to be possessed with the intent to distribute the charge could be enhanced to a third-degree felony depending on the amount of marijuana possessed.

Drug Trafficking

Drug trafficking is the manufacturing, distribution, or possession with the intent to distribute enumerated controlled substances. Even if no money has exchanged hands yet, you could still be charged with drug trafficking. The courts will consider “indicia of trafficking” which may include the way the drugs are packaged, the presence of packaging materials, scales, money, ledgers or other similar items.

Hands Through Cell Bars

Penalties for Drug Crimes in New Mexico

The penalties for drug crimes in New Mexico are dependent on many factors. These factors include:

  • The classification of the drug i.e., Schedule I, II, III, IV, methamphetamine, or other specified controlled substance
  • The amount of drugs possessed
  • The circumstances of your possession
  • Any previous criminal history
  • Any previous convictions for drug trafficking
  • Where the drug trafficking occurred
  • Who was involved in the transaction

A charge of Possession of a Controlled Substance such as cocaine, heroin, and methamphetamine, as well as prescription drugs is a fourth-degree felony punishable by up to 18 months in prison and/or a $5,000 fine.

A charge of Drug Trafficking cocaine, heroin, methamphetamine, as well as prescription drugs is a second-degree felony punishable by up to nine years in prison and a $10,000 fine. A second or subsequent conviction for drug trafficking is a first-degree felony and is punishable by a minimum mandatory sentence of 18 years in prison.

A maximum sentence for Drug Trafficking may be subject to enhancements under certain criteria, including the distribution to minors, use of minors in drug crimes, drug crimes in a Drug-Free School Zone, or having a prior conviction for drug trafficking. All potential enhancements are significant and must be carefully assessed on a case by case basis with an experienced criminal defense attorney.

If you have been charged with drug crime offenses, you are entitled to a be represented by a criminal defense attorney who has extensive experience. At Grano Law Office, P.C., we have the commitment, knowledge, and experience to assess the case against you and help build a strong defense. Call us today at (505)-587-8649 for a free strategy session.