1. A. As used in this section, "trafficking cannabis products" means to:

   1. (1) produce, manufacture, distribute, courier or sell illegal cannabis products; or
   2. (2) possess with intent to manufacture, distribute, courier or sell illegal cannabis products.
2. 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.
3. C. Unless otherwise provided in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], it is unlawful for a person to intentionally traffic cannabis products.

4. D. In addition to the penalties provided in the Delinquency Act [Chapter 32A, Article 2 NMSA 1978], a person under eighteen years of age who violates Subsection C of this section shall be subject to:

   1. (1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the person; or
   2. (2) four hours of community service.
5. E. Except as otherwise provided in Section 26-2C-14 NMSA 1978, 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 NMSA 1978.
6. 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 NMSA 1978.
7. G. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.

History: Laws 2021 (1st S.S.), ch. 4, § 28; 2024, ch. 38, § 10.

ANNOTATIONS

The 2024 amendment, effective July 1, 2024, revised the elements of the crime of trafficking cannabis products, revised the definition of "trafficking cannabis products", increased the penalties for certain trafficking crimes, and provided that the provisions of the Forfeiture Act apply to this section; in the section heading, deleted "Unlicensed sales of" and added "trafficking"; in Subsection A, after "As used in this section" deleted "'traffic' means the (1) distribution, sale, barter or giving away of" and added "'trafficking cannabis products' means to", in Paragraph A(1), added "produce, manufacture, distribute, courier or sell illegal", in Paragraph A(2), after "intent to" added "manufacture", after "distribute" added "courier or", and after "sell" deleted "barter or give away" and added "illegal"; added a new Subsection B and redesignated former Subsections B through D as Subsections C through E, respectively; in Subsection C, after "unlawful for a person" deleted "without a license"; in Subsection D, added "In addition to the penalties provided in the Delinquency Act", and after "Subsection" changed "B" to "C"; in Subsection E, after "a person" added "between", after "eighteen" added "and twenty-one", after "years of age" deleted "or older", and after "Subsection" changed "B" to "C"; and deleted former Subsections E through G.