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Albuquerque Criminal Lawyer Blog

House Defunds DEA Medical Marijuana Raids – Progress But By No Means Enough!

The House of Representatives voted on May 29, 2014 to defund DEA raids on medical marijuana in those states with legalized medical marijuana. This is certainly a step in the right direction. However, it is not enough.  The marijuana laws and penalties for violation remain largely unchanged. Passed with Bi-Partisan Support The amendment which would…

Medical Marijuana Use Comes With Many Restrictions in New Mexico

Medical marijuana is getting a lot of attention both in New Mexico and nationally.  There are now 21 states with legalized medical marijuana and 6 more with pending medical marijuana legislation.  Washington and Colorado have legalized recreational marijuana. The trend toward legalized medical marijuana is clear.  However, it is important to understand that there remains…

Current State of Marijuana Laws in New Mexico: Many Paths to Jail Remain!

To begin, it is important to know that marijuana is still considered a Schedule I Controlled Substance under both Federal and New Mexico statutes.  Although the penalties for minor marijuana possession have been reduced over the years in New Mexico, there are still pretty serious consequences. The many remaining and serious consequences for marijuana are…

What Happens to my Driver’s License in DWI Case in New Mexico?

The issue of your driver’s license is among the first issues that will come up in your New Mexico DWI case. There are many important deadlines in a DWI case. Among the earliest deadlines in your DWI case involve your driver’s license. The question of what happens to your driver’s license has a couple of…

Driving Under the Influence of Marijuana (or Other Drugs) in New Mexico

Driving under the influence of Marijuana is treated much the same way as driving under the influence of alcohol.  However, there are some important differences in the burdens of proof necessary for a conviction. Burdens of Proof under the New Mexico Jury Instructions The standard for conviction for alcohol related DWI is “impaired to the slightest…

Marijuana Legalization in New Mexico: One Step Forward, Two Steps Back!

Legalization of marijuana is a very hot topic right now. Two states have legalized recreational use while 20 others have legalized medical marijuana. The majority of Americans are in favor of legalization of recreational use, while an overwhelming majority is in favor of legalization for therapeutic uses. NORML (National Organization for the Reform of Marijuana…

Drug Dealer Liability for Death: Contributing v. “But For” Causation

An interesting recent case from the U.S. Supreme Court addresses the criminal liability of a heroin dealer for the death of a user. In the case of Burrage v. United States, the defendant was charged with distribution of a controlled substance.  In addition, there was an enhancement due to death resulting from the use of…

Looking Suspicious Does Not Alone Justify Search & Seizure in New Mexico

The issue of illegal search and seizure will come up in a countless variety of situations. One such situation is the search and seizure of the occupants of a parked vehicle for looking suspicious. The fact is, at least in New Mexico, such a search and seizure is illegal without more. Because the search and…

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