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 Alamogordo
 Code of Ordinances
 Chapter 11. CRIMINAL CODE
 Article 11-04. OFFENSES RELATING TO MORALS

  § 11-04-020. Generally—Unlawful possession of marijuana.  

Latest version.

  • (a)

    Definition. "Marijuana" includes all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is capable of germination.

    (b)

    Unlawful possession. Unlawful possession of marijuana consists of the possession of marijuana which was not obtained directly from, or pursuant to, a valid prescription, or order of a doctor of medicine while acting in the course of his professional practice, or as otherwise authorized by law.

    (c)

    Penalties. Whoever unlawfully possesses marijuana shall for the first offense be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) and/or by imprisonment for not more than fifteen (15) days, and for the second and subsequent offenses, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) and/or by imprisonment for not more than ninety (90) days.

    (d)

    Mandatory lab fees. A person convicted of unlawful possession of marijuana pursuant to this section prior to July 1, 1988, shall be assessed, in addition to any other fee or fine, a fee of twenty-five dollars ($25.00) to defray the cost of chemical and other analyses of controlled substance. Effective July 1, 1988, the mandatory lab fee assessment shall be increased to seventy-five dollars ($75.00). The municipality shall collect the fee and maintain the fees in a separate fund and transfer the fees along with other funds collected to the administrative office of the courts pursuant to Section 31-12-9, N.M.S.A. 1978, as amended.

(Code 1960, § 6-4-11; Ord. No. 730, 6-14-88)