Drug charges after cannabis legalization
Adult personal use of cannabis is legal in New Mexico within the limits of the Cannabis Regulation Act. That did not end drug prosecutions. People are still charged for unlicensed sales and trafficking, amounts that go beyond what the Act allows in public, possession by someone under 21, and for methamphetamine, cocaine, heroin, fentanyl, and prescription pills that were never theirs to have.
Possession and trafficking are different charges. Prosecutors often try to turn a personal-use amount into trafficking based on packaging, cash, messages, or a scale. Federal charges can also apply on federal land, at the airport, or when the case is adopted by a U.S. Attorney — even when state cannabis law would treat the same conduct differently.
What we look at
- Whether the stop, search, or warrant was lawful
- Who actually possessed the substance, and whether trafficking is overcharged
- Lab testing, chain of custody, and what the complaint actually alleges
- Metropolitan Court, Second Judicial District, and federal court when the case is charged there
What to do after a drug arrest
Do not discuss the stop, the search, or what was in the car or house with anyone except your lawyer. Do not consent to further searches. Bring any paperwork from the arrest, Metro, or district court. If agents mentioned a federal hold or a task force, say so when you call.