A. As used in this section, “traffic” means the:
(1) distribution, sale, barter or giving away of cannabis products; or
(2) possession with intent to distribute, sell, barter or give away cannabis products.
B. 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 without a license to intentionally traffic cannabis products.
C. A person under eighteen years of age who violates Subsection B 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.
D. Except as otherwise provided in Section 14 [26-2C-14 NMSA 1978] of the Cannabis Regulation Act, a person eighteen years of age or older who violates Subsection B of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
E. A person eighteen years of age or older who violates Subsection B of this section and who conducts unlicensed cannabis product sales from a building, room or other area open to the public in a manner that would lead a reasonable person to believe that the area is a cannabis establishment licensed pursuant to the Cannabis Regulation Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: Laws 2021 (1st S.S.), ch. 4, § 28.
ANNOTATIONS
Effective dates. — Laws 2021 (1st S.S.), ch. 4 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 29, 2021, 90 days after adjournment of the legislature.