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.
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.