The State Laws of New Mexico
Disclaimer:
Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.
New Mexico Abortion Laws
By New Mexico law, abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, New Mexico state legislation expresses a variety of stipulations with regard to a legal abortion process:
• A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review
• In the case of rape or incest, abortions not including partial-birth abortions are considered to be legal; requests for abortions must arrive at the behest of a mother exceeding 18 years of age
• An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of New Mexico, unauthorized individuals conducting abortions may be charged with Felonies ranging in prison sentence and/or fines incurred
New Mexico Same-Sex Marriage Laws
New Mexico recognizes the validity of Same-Sex marriages legally-preformed in other locations
New Mexico Marijuana Laws
Within the state of New Mexico, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the New Mexico State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of New Mexico:
Possession/Under the Influence of Marijuana
1. Amount: 1 ounce or less (first offense)
• Penalty: 15 days’ incarceration
• Fines: $50 - $100
• Classification: misdemeanor
2. Amount: 1 ounce or less (subsequent offense)
• Penalty: 1 year incarceration
• Fines:$100 - $1,000
• Classification: misdemeanor
3. Amount: 1 to 8 ounces
• Penalty: 1 year incarceration
• Fines: $100 - $1,000
• Classification: misdemeanor
4. Amount: more than 8 ounces
• Penalty: 18 months’ incarceration
• Fines: $5,000
• Classification: felony
Cultivation and/or Intent to Distribute Marijuana
Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration
5. Amount: 100 pounds or less (first offense)
• Penalty: 18 months’ incarceration
• Fines: $5,000
• Classification: felony
6. Amount: 100 pounds or less (subsequent offense)
• Penalty: 3 years’ incarceration
• Fines:$5,000
• Classification: felony
7. Amount: More than 100 pounds (first offense)
• Penalty: 3 years’ incarceration
• Fines: $5,000
• Classification: felony
8. Amount: More than 100 pounds (subsequent offense)
• Penalty: 9 years’ incarceration
• Fines: $10,000
• Classification: felony
9. Amount: Sale to a minor (first offense)
• Penalty: 3 years’ incarceration
• Fines: $5,000
• Classification: felony
10. Amount: Sale to a minor (subsequent offense)
• Penalty: 9 years’ incarceration
• Fines: $5,000
• Classification: felony
11. Amount: 100 pounds or less within a drug-free school zone (first offense)
• Penalty: 3years’ incarceration
• Fines: $10,000
• Classification: felony
12. Amount: 100 pounds or less within a drug-free school zone (subsequent offense)
• Penalty: 9 years’ incarceration
• Fines: $10,000
• Classification: felony
Medical Marijuana
Within the state of New Mexico, Medical Marijuana is considered to be legal upon prescription by an authorized, accredited medical professional; the appropriate amount allowed is 6 ounces per patient
New Mexico DWI and DUI Laws
Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of New Mexico:
• Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of New Mexico, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%
• The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense
• In New Mexico, supplementary penalties may be incurred due to BAC levels exceeding .16%
• Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within New Mexico, law enforcement agents are permitted to act in accordance with implied consent laws
• Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time; additional penalties can range in severity
• Upon a second DUI or DWI conviction, an individual is subject to the installation of an ignition interlock device
New Mexico Gun Laws
A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of New Mexico, gun laws are as follows:
• The sale, ownership, or possession of firearms with regard to convicted felons is illegal in the state of New Mexico; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed
• A waiting period for the purchase of a firearm does not currently exist in the state of New Mexico
New Mexico Adoption Laws
In the state of New Mexico, an individual who has been deemed as a law-abiding citizen 18 years or older who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:
• Any individual may be adopted; children above the age(s) of 10 must express consent with regard to a potential adoption
• Within the state of New Mexico, and individual must maintain residence for a period of no less than 60 days with regard to a child below the age of 1 year of age; 120 days required in the event that a child in question is above the age of 1 year of age
• Within the state of New Mexico, the Children, Youth and Families Department mandates all adoptions
• The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption; this excludes individuals covered under the Indian Child Welfare Act, which was passed in 1978
New Mexico Employment and Labor Laws
• Within the state of New Mexico, the minimum wage is $7.50awarded per hour of labor
• Within the state of New Mexico, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment
New Mexico Divorce Laws
Within the state of New Mexico, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:
• A divorce must be filed by an individual residing within of New Mexico for no less than 6 months’’ time
• ‘No Fault’ divorce does exist on the grounds of incompatibility; a separation must take place
• Additional grounds for divorce can include Adultery, cruelty, domestic violence, desertion, and abandonment
New Mexico Death Penalty Laws
Within the state of New Mexico, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:
• In the event of pregnancy, capital punishment is disallowed
• 18 years of age is the minimum age permissible for a capital punishment sentence
• Within the state of New Mexico, homicide and espionage are considered to be the only crimes punishable by death
• The accepted means of capital punishment is the administration of lethal injection
New Mexico Gambling Laws
Within the state of New Mexico, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:
• Licensed Horse racing wagering is legal
• Gambling is permissible on Native American land covered under Native American Gaming Legislation; any and all unsanctioned structures and facilities intended to house gambling activity are deemed as illegal in the state of New Mexico
New Mexico Child Laws
Within the state of New Mexico, the following stipulations with regard to child laws and child custody are recognized:
• Joint custody is permitted
• The rights implied within grandparental visitation are recognized
• The wishes of any or all children involves are taken into consideration with regard to a custody decision
