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Drug Offenses

DRUG CRIMES EXPLAINED BY A SANTA FE DRUG ATTORNEY

Santa Fe Drug Attorney - Illegal Drugs

Drug crimes are serious offenses in New Mexico.

Controlled dangerous substances (CDS) are divided into five “Schedules,” listed in N.M. Stat. Ann. §§30-31-5 through 10.  Schedule I lists the most dangerous drugs that have a high probability of abuse and addiction with no recognizable medical value.  Schedules II through V decrease in dangerousness and probability of abuse with an increase recognizable medical value. If you are accused of a drug crime in New Mexico, you will need a Santa Fe Drug Attorney to defend you vigorously.

TYPES

There are several types of drug crimes, including:

  • Possession without a valid prescription
  • Trafficking, which includes:
    • Manufacturer of CDS enumerated in Schedules I through V.
    • Distribution, sale or barter of, or possession with intent to distribute, narcotic CDS identified in Schedules I or II, or methamphetamine, its salts, isomers and salts of isomers.
  • Distribution or intent to distribute non-narcotic CDS identified in Schedules I or II, any CDS identified in Schedules III through V, or counterfeit drug.
  • Possession, delivery or manufacture of drug paraphernalia.

PENALTIES

Some general penalties are:

  • Possession: $500-$1,000 and/or up to a year imprisonment $5,000 and/or 18 months imprisonment for more dangerous CDS.
  • Possession in drug-free school zone: $5,000 and/or 18 months.
  • Trafficking: second to first degree felony, nine to 18 years and $10,000 to $15,000 fine.
  • Distribution or intent to distribute non-narcotic CDS: misdemeanor – $100 to $500 fine and/or 180 days to a year imprisonment; felony – $5,000 to $15,000 fine and 18 months to 18 years imprisonment. Punishment depends on the drug, amount of drugs, or whether sold to a minor or in a drug-free school zone.
  • Drug paraphernalia: generally misdemeanor – $50 to $100 and/or up to a year imprisonment.

DEFENSES

An experienced Santa Fe Drug Attorney may argue lack of sufficient evidence.  The War on Drugs has engendered many questionable and unlawful police practices.  Penalties are high, and juries are often difficult to persuade in this area.  Suppression of evidence by motion and evidentiary hearing often must be pursued.  A skilled Santa Fe Drug Attorney will investigate police conduct and determine how best to challenge evidence to exclude it from admissibility at trial.

Finding a Santa Fe Drug Attorney For Your Case

For more information, contact a Santa Fe Drug Attorney with Twohig Law Firm at (505) 898-0400.

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