Respected Attorneys To Protect Your Rights

Is Possessing Drug Paraphernalia Still Illegal In New Mexico?

On Behalf of | Mar 8, 2023 | Criminal Defense |

The legality of accessories that people use to consume marijuana and other drugs remains controversial among the general public. After all, almost anything can be used as a makeshift tool for consumption. Why should you be punished for merely having drug paraphernalia in your possession?

Unfortunately, paraphernalia is unlawful at the federal level and in most U.S. states. It remains illegal in New Mexico, but the consequences have been lessened significantly. If you possess and use drug paraphernalia, t serves your interests to understand the law around it.

What is prohibited?

You may not use or “possess with intent to use” drug paraphernalia to grow, ingest, store or otherwise get drugs into the human body. The New Mexico statute also makes it unlawful to deliver or intend to deliver drug paraphernalia to other individuals.

New Mexico law lists no examples of items generally recognized as paraphernalia, but the Department of Justice offers some examples, such as:

  • Cocaine freebase kits
  • Rolling papers
  • Pipes, bongs and water pipes
  • Clips to hold joints and roaches
  • Miniature spoons, primarily used for cocaine

You may also face paraphernalia charges for everyday items (such as baggies) if the authorities find drug residue on the item.

What are the penalties?

The potential penalties for a misdemeanor paraphernalia possession charge include a $50 fine. Further, if you are over 18 and transfer items considered paraphernalia to a minor, you could face a fourth-degree felony charge.

If you’re facing charges around drug paraphernalia, don’t fail to take them seriously. Having experienced guidance gives you a better chance of presenting a successful defense.