Las Cruces, NM Public Conduct: Public Marijuana Use (2026)

Sec. 19-3 of the Code of Ordinances makes it unlawful for any person to intentionally possess marijuana within the city. For amounts of one ounce or less, the penalty is fixed rather than discretionary: a petty misdemeanor carrying a fine of not less than $50.00 nor more than $100.00 and imprisonment for not more than 15 days. On top of that sentence, Sec. 19-3(c) adds a mandatory $25.00 fee on every conviction to defray the cost of chemical and other analysis of controlled substances; the municipal court collects the fee and forwards it to the state administrative office of the courts under NMSA 1978, § 31-12-8. The ordinance derives from Code 1988, § 21-3 and cross-references NMSA 1978, § 30-31-23 as the state law analog.

Las Cruces police enforce this section citywide, including on streets, in parks and in other public places where officers observe marijuana in a person's possession; the ordinance does not distinguish between public and private possession, so open possession in public view is charged as simple possession under this same section rather than as a separate public-use offense.

Because New Mexico's Cannabis Regulation Act legalized limited adult-use cannabis possession statewide in 2021, this municipal section predates that change and readers should confirm current charging practice with the Las Cruces Police Department or Municipal Court rather than assume this 1988-era section is enforced exactly as printed against otherwise-legal adult possession.