N.M. Stat. § 64-1-9

A person who violates any provision of this act shall be guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars ($100), or by imprisonment for not more than ninety days, or both; provided, however, that acts or omissions made unlawful by this article shall not be deemed to include any act or omission which violates the laws or lawful regulations of the United States; but it shall not be necessary to allege or prove, as part of the case for the state, that the defendant is not amenable, on account of the alleged violation, to prosecution under the laws of the United States. That he is amenable to such prosecution shall be matter of defense, unless it affirmatively appear from the evidence adduced by the state.