§ 26-2C-27 — Personal production of cannabis; penalties

A. Unless otherwise provided in the Cannabis Regulation Act, it is unlawful for a person without a license to intentionally produce cannabis products except as provided in this section. B. A person twenty-one years of age or older who intentionally produces: (1) more than six and up to twelve mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00); and (2) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and may be sentenced as provided in Section 31-18-15 NMSA 1978. C. A person who is eighteen years of age or older but less than twenty-one years of age who intentionally produces: (1) up to six mature or immature cannabis plants shall be issued a penalty assessment pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00); (2) more than six mature or immature cannabis plants and up to twelve mature or immature cannabis plants is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and (3) more than twelve mature or immature cannabis plants is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. D. A person who is less than eighteen years of age who intentionally produces cannabis products is guilty of a civil violation and shall be subject to: (1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the minor; or (2) four hours of community service.

Legislative History

Laws 2021 (1st S.S.), ch. 4, § 27.