A. As used in this section, “trafficking cannabis products” means to:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
third degree felonyup to 3 yearsup to $5,000
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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(1)     produce, manufacture, distribute, courier or sell illegal cannabis products;

or

(2)     possess with intent to manufacture, distribute, courier or sell illegal cannabis products.

B. Trafficking cannabis products applies only to quantities of more than fifteen ounces of cannabis flower, one hundred twenty grams of cannabis extract or six grams of edibles.

C. Unless otherwise provided in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act [N.M. Stat. Ann. Chapter 26, Article 2B], it is unlawful for a person to intentionally traffic cannabis products.

D. In addition to the penalties provided in the Delinquency Act [N.M. Stat. Ann. Chapter 32A, Article 2], a person under eighteen years of age who violates Subsection C of this section shall be subject to:

(1)     attendance at a four-hour evidence-based drug education and legal rights program at no cost to the person; or

(2)     four hours of community service.

E. Except as otherwise provided in Section 26-2C-14 N.M. Stat. Ann., a person between eighteen and twenty-one years of age who violates Subsection C of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 N.M. Stat. Ann..

F. A person twenty-one years of age or older who traffics cannabis products is guilty of a fourth degree felony for a first offense. A person who traffics cannabis products is guilty of a third degree felony for a second and subsequent offense. Sentencing pursuant to this subsection shall be as provided in Section 31-18-15 N.M. Stat. Ann..

G. The provisions of the Forfeiture Act [N.M. Stat. Ann. Chapter 31, Article 27] apply to the seizure, forfeiture and disposal of such property.