Las Cruces, NM Public Health Rules: Syringe Disposal (2026)

Las Cruces Code Sec. 19-6(a) makes it unlawful to use or possess with intent to use drug paraphernalia to plant, process, inject, ingest, inhale or otherwise introduce a controlled substance into the body, but the section carves out three exemptions from that possession offense: hypodermic syringes or needles held for participation in or administration of the New Mexico Harm Reduction Act [NMSA 1978, §§ 24-2C-1 to 24-2C-6]; supplies or devices obtained under that Act consistent with Department of Health harm-reduction program rules; and supplies used to test controlled substances or their analogs for dangerous adulterants. A parallel exemption in subsection (b) covers the delivery and manufacture offense, protecting Department of Health employees and designees running the harm-reduction program, and pharmacists licensed under the Pharmacy Act [NMSA 1978, ch. 61, art. II] who sell or distribute hypodermic syringes and needles.

Outside those carve-outs, general paraphernalia possession under subsection (a) is punished by a penalty assessment under Sec. 27-12-14.1 with a fine of $50.00, while delivering or manufacturing paraphernalia with intent to deliver under subsection (b) is a petty misdemeanor, exposing a violator to the Code's general penalty of up to $500.00 and 90 days in jail under Sec. 1-10. The city's harm-reduction exemption tracks the state Harm Reduction Act's authorization of syringe-exchange and safer-use supply programs run through the Department of Health, meaning a person carrying used or unused syringes for exchange or safe disposal through a recognized program is not committing the local paraphernalia offense. The Code does not separately regulate where a harm-reduction program itself may operate; siting of such a program falls to zoning and business-licensing review rather than this criminal section.