Most states have laws against aiding a suicide or assisted suicide. These laws are usually found in the state’s statutes, and sometimes in the state’s court opinions or case law (common law). The severity level of these crimes range from misdemeanors to felonies.
In New Mexico, aiding in suicide is considered a fourth-degree felony under the state's statutes. This is outlined in the New Mexico Statutes Annotated (NMSA) 1978, Section 30-2-4, which states that assisting another person in taking their own life is against the law. However, it is important to distinguish between 'aiding in suicide' and 'physician aid in dying.' In 2019, the New Mexico Supreme Court ruled in the case of Morris v. Brandenburg that competent, terminally ill patients have the right to choose a physician's aid in dying. Following this, the Elizabeth Whitefield End of Life Options Act was signed into law in 2021, which allows for medical aid in dying under specific circumstances. This act provides a legal framework for terminally ill patients to request and receive a prescription for medication to end their life peacefully, provided certain conditions are met, including mental competency and a prognosis of six months or less to live. The act also includes safeguards to prevent abuse and ensure that the decision is voluntary and informed.