§ 26-2C-28. Unlicensed sales of cannabis; penalties

A. As used in this section, “ traffic ” means the: (1) distribution, sale, barter or giving away of cannabis products; or (2) possession with intent to distribute, sell, barter or give away cannabis products. B. Unless otherwise provided in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act, it is unlawful for a person without a license to intentionally traffic cannabis products. C. A person under eighteen years of age who violates Subsection B of this section shall be subject to: (1) attendance at a four-hour evidence-based drug education and legal rights program at no cost to the person; or (2) four hours of community service. D. Except as otherwise provided in Section 14 of the Cannabis Regulation Act, a person eighteen years of age or older who violates Subsection B of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978 . E. A person eighteen years of age or older who violates Subsection B of this section and who conducts unlicensed cannabis product sales from a building, room or other area open to the public in a manner that would lead a reasonable person to believe that the area is a cannabis establishment licensed pursuant to the Cannabis Regulation Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978 .