On March 31, 2021, state legislators passed New Mexico recreational marijuana laws during a two-day special session. This special session addressed two significant bills. One established recreational cannabis regulations and frameworks. The other bill enhanced the ability to receive an expungement for past marijuana criminal records.
The New Mexico Cannabis Regulations Act and Criminal Record Expungement Act expansions go into effect on April 1, 2022. Continue reading this article to find out more about what laws changed and how you benefit if you have a criminal conviction on your record.
New Mexico Cannabis Regulations Act
Under the New Mexico Cannabis Regulations Act (NMCRA), residents and tourists can legally purchase, possess, and use marijuana within state limits. You must also be at least twenty-one (21) years old to consume, possess, or obtain a license to sell marijuana in New Mexico when the new law goes into effect.
Under the NMCRA, adult-use possession and cultivation limits include:
- Up to two (2) ounces of marijuana
- Up to sixteen (16) grams of concentrates
- Up to eight hundred (800) milligrams of edibles
- Up to twelve (12) mature plants per household
- Up to six (6) mature and six (6) immature plants for cultivation
In addition to possession, the state will also permit people to create edibles at home but not to contain volatile solvents. You are also allowed to manufacture and give away paraphernalia for the consumption of marijuana use.
No Public View
It is also worth noting that you must keep marijuana products out of public view. If you are caught in public with amounts exceeding thresholds, you can incur misdemeanor or felony charges. Err on the side of New Mexico recreational marijuana laws of caution by leaving products at home.
New Mexico Criminal Records Expungement Act Expansions
There are exciting new expansions under the New Mexico Criminal Records Expungement Act. If you were charged with or convicted of a marijuana-related offense that is no longer a crime or would have been a lesser offense after the passage of the NMCRA, then the specific marijuana related charge may be automatically expunged two years after the date of your arrest or conviction.
Multiple Charges for the Same Arrest or Conviction
Individuals with a marijuana related criminal arrest or conviction which includes other non-marijuana related charges will also receive an expungement. However, the expungement will only apply to the specific cannabis offense. A New Mexico Expungement attorney can help you determine if your other charges are eligible for expungement.
Criminal Records of Minors
If a child has a marijuana-related record on his or her record, then the automatic expungement is granted within two years of the arrest or adjudication or on the child’s 18th birthday, whichever date comes first. Courts will remove all public records from statewide criminal databases.
Cases Not Resulting in a Conviction
If you were charged but not convicted or otherwise fit the definition of a “non-conviction” you may understandably want to expunge these records. The amendments to the New Mexico Criminal Record Expungement Act now allow a person who was charged but not convicted to include more than one case in one expungement petition, provided the cases are within the same judicial district.
Federal Marijuana Crimes
Since marijuana is still illegal at the federal level, you cannot receive an expungement for federal marijuana crimes. There are other federal crimes that you can expunge with your attorney, but marijuana crimes are not eligible.
Need an Expungement? Get a Game Plan Together
While many expungements are granted automatically for eligible marijuana related cases, there are still legal issues that may arise. New Mexico legislators also made it more time-efficient to expunge multiple criminal records in a single case if you were never convicted. The most practical thing you can do is speak with a New Mexico marijuana criminal defense attorney.
You can also learn more about criminal record expungements in New Mexico by checking out this article, How to Expunge Your Criminal Record in New Mexico.
Criminal records impact individuals in many profound ways, including the ability to find a job, rent an apartment, or own a firearm. An attorney can give you a solid grasp on your next steps and how to approach the situation from a criminal defense perspective.
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