Summary:

 House Bill 163 (HB 163) amends the Delinquency Act to include as a “delinquent act” the unlawful possession of cannabis by a child.  

Legislation Overview:

 House Bill 163 (HB 163) amends Section 32A-2-3 of the Delinquency Act to include possession of cannabis as a 'delinquent act'.  A ‘delinquent act’ is an offense that would be a crime if committed by an adult.  However, some behaviors are delinquent acts even though they would not be a crime if committed by an adult.   
HB 163 provides that unlawful possession of cannabis by a minor is a “delinquent act”.  The bill makes it unlawful for a child to buy, attempt to buy, receive, or possess cannabis unless the possession or use is for medical reasons under the Lynn and Erin Compassionate Use Act.  A child cannot be present in a licensed retail cannabis establishment unless the child is with a parent, guardian, custodian, or adult spouse.  A child also cannot smoke cannabis in a public place or privately owned property, or produce cannabis.  
The bill moves the current prohibition against underage alcohol possession to another paragraph.  However, the bill removes the prohibition against “buying” alcohol (this could be a typographical error).  Instead, it is a delinquent act to “attempt to buy”, receive, possess or be served alcoholic liquor.  
A delinquent offender can be sentenced to six months to two years of probation or one or two years of a commitment to a juvenile facility.  

Current Law:

 Currently, Section 26-2C-30 NMSA 1978 prohibits a person under the age of 21 from possessing cannabis products (except for medical use).  The penalty for a violation of this section is attending a four-hour drug education class or completing four hours of community service.