Drug Possession Crimes

Facing Charges of Drug Possession? A Drug Crimes Attorney Can Help

man arrested for drug possessionAlthough drug laws are swiftly changing across the United States, drug possession is prohibited under New Mexico Statutes. In fact, nearly every drug possession case we work on come from the Highway 70 Checkpoint at Alamogordo. We also work on cases from the Deming Checkpoint as well as the Checkpoint on Highway 54. Checkpoint stops and drug possession charges go hand in hand. Penalties differ depending on the amount in possession and the type of drug. Drugs, also known as “controlled substances,” are separated into different categories, which are referred to as Schedule I, II, III, and IV.

If you’re facing criminal charges for drug possession in New Mexico, the Law Office of W. Shane Jennings can help. You deserve a strong, solid defense in this time of need. Not only does our legal team have years of experience, attorney W. Shane Jennings has thousands of hours in courtroom experience. He has represented countless individuals and he is ready to represent you. Drug related crimes may also lead to asset forfeiture. If you’re facing an asset forfeiture case, the Law Office of W. Shane Jennings can help.

Drug Possession Penalties

If you’re facing criminal charges for unlawful possession of a controlled substance in New Mexico, the penalties you’ll face may vary. They depend on a variety of details, from the drug and amount in possession to whether this is your first or subsequent offense. New Mexico Statute – Section 30-31-23 states that people are able to possess and obtain substances if they have a valid prescription. This mostly relates to medical marijuana. Penalties will almost always result in fines and/or jail time and can be categorized as anything from petty misdemeanors to third-degree felonies.

Drug Possession Felonies and Misdemeanors

When it comes to drug possession convictions, many factors are at play. The drug, the amount in possession, and your criminal record will build the conviction. Penalties for first-time offenders are also more lenient than second or subsequent offenses.

Penalties for Marijuana Possession Mostly Depends on the Amount

Possession of marijuana is illegal in the state of New Mexico unless it was acquired with a valid prescription. Below, we have outlined how the punishments vary depending on the amount in possession.

  • One ounce or less

    • If this is your first offense, you will be found guilty of a petty misdemeanor. Punishment will be a fine of not less than $50 or more than $100 and imprisonment for not more than fifteen days.
    • If this is your second or subsequent offense, you’ll be found guilty of a misdemeanor. Punishment will be a fine of no less than $100 or more than $1,000 or by imprisonment for a definite term less than one year, or both.
  • More than one ounce and less than eight ounces

    • Whether this is your first or subsequent offense, you will be found guilty of a misdemeanor. Punishment will be the same as that of a second or subsequent offense for one ounce or less, even if this is a first-time offense.
  • Eight ounces or more

    • If you’re in possession of eight or more ounces, you will be found guilty of a fourth-degree felony, which will lead to a punishment of no more than eighteen months of imprisonment.
  • Penalties for marijuana possession become more severe if you’re caught within a posted drug-free school zone. First offenses lead to punishments similar to those for second offenses while second or subsequent offenses of possession in a drug-free school zone will lead to a fourth-degree felony.

    Criminal Defense for Drug Possession Charges

    When it comes to building a strong defense against drug possession charges, it’s necessary to be as meticulous as possible. Attorney W. Shane Jennings will devote his time and attention to overviewing your case and he will find the right path that will lead to your success. Mr. Jennings is well-known for his knack of detail. He will discover unique aspects in your case, which he will then bring up in court. Perhaps evidence was taken without a valid warrant or there was no probable cause for law enforcement to get involved. It is our job to consider all of these details in order to build a strong defense.

    Don’t go it alone, let the Law Office of W. Shane Jennings help. You have the right to legal counsel. Give us a call, day or night, and you’ll be able to speak with our attorney. We offer free initial consultations over the phone as well. We’re ready to defend you in court!