Alamogordo's Cannabis Merchants Suggest to "Give The Gift Of Green" But Don't Partake and Drive

Christmas is just around the corner but don't let the spirit of Christmas turn into a grinch filled Christmas if giving marijuana or regulated cannabis items as a gift. 

If opening a gift of marijuana its important to "crash on the couch, not the road” if one chooses to consume.

Both medical marijuana and recreational marijuana are legal in New Mexico and a number of states. New Mexicans and those individuals in most state where marijuana is legalized may use marijuana for medical purposes if they have registered under the state's medical cannabis program, hold a medical marijuana card, and have obtained a prescription from licensed physicians. You cannot use marijuana for medical purposes if you are under the age of 18, except where an adult residing in New Mexico has been designated as a caregiver. The caregiver who may be a parent or legal guardian of the patient must be aged 21 or older.

The Cannabis Regulation Act makes the recreational use of marijuana legal in New Mexico for individuals above the age of 21. From June 29, 2021, residents of legal age can purchase, possess, consume, and give away to other adults up to 2 ounces (56 grams) of marijuana flower, 16 grams of concentrate, and 800 milligrams of edibles. The legal sale of adult-use cannabis began in New Mexico on April 1, 2022.

Gifting is legal in the marijuana legal states but the laws vary by state. In Virginia for example someone can legally give another person up to one ounce of marijuana, but only if the transfer happens privately, between two adults 21 or older and “without exchanging anything else of value.” Similarly, one adult can privately gift another cannabis seeds or starts to grow themselves provided that nothing else of value is exchanged.

Law enforcement reminds the public that resident should not to drive under the influence of marijuana, and asks that locals to take a safe-driving pledge and find a sober driver, consume at home, walk or call a rideshare service or simply “wait it out” after consuming.

The New Mexico state police reminds the public that the time of year for holiday gatherings and get togethers can be fun but it's important to stay off the roads if under the influence of alcohol or marijuana or associated products. The the agency representative said. “If you’re under the influence make sure you’ve got a sober ride. Crash on the couch, not the road.”

The agency also warned of the consequences of being caught under the influence. A first-time offense carries a mandatory penaltiew and could lead to a jail sentences and fines.

Penalties

First offense – imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($ 500), or both; offender shall be sentenced to not less than twenty-four hours of community service; the offender may be required to pay a fine of three hundred dollars ($ 300); offender shall be ordered by the court to participate in and complete a screening program described in Subsection K of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a “DWI school”, approved by the bureau and also may be required to participate in other rehabilitative services as the court shall determine to be necessary. Id. § 66-8-102(E).

Second offense – imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($ 1,000), or both; an offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, not less than forty-eight hours of community service and a fine of five hundred dollars ($ 500). Id. § 66-8-102(F)(1).

Third offense – imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($ 1,000), or both; an offender shall be sentenced to a jail term of not less than thirty consecutive days, not less than ninety-six hours of community service and a fine of seven hundred fifty dollars ($ 750). Id. § 66-8-102(F)(2).

Fourth offense fourth degree felony – imprisonment for eighteen months, six months of which shall not be suspended, deferred or taken under advisement. Id. § 66-8-102(G).

Fifth offense fourth degree felony – imprisonment for two years, one year of which shall not be suspended, deferred or taken under advisement. Id. § 66-8-102(H).

Sixth offense third degree felony – imprisonment for thirty months, eighteen months of which shall not be suspended, deferred or taken under advisement. Id. § 1978, § 66-8-102(I).

Seventh or subsequent offense third degree felony – imprisonment for three years, two years of which shall not be suspended, deferred or taken under advisement. Id. § 66-8-102(J).

If you partake this holiday season with cannabis or alcohol do It in a safe environment and don't get behind the wheel. Enjoy a Green Christmas. 

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