reglab/housing_qa huggingface dataset:
NM Stat § 30-31-15 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-15 - Order to show cause.

A. Before denying, suspending or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis of the order and shall require the applicant or registrant to appear before the board not less than thirty days after the date of service of the order, but in the case of a denial of renewal of registration the order shall be served not later than thirty days before the expiration of the registration unless the proceedings relate to suspension or revocation of a registration. These proceedings shall be conducted in accordance with the Uniform Licensing Act [61-1-1 NMSA 1978] without regard to any criminal prosecution or other proceeding. Proceedings to suspend or revoke a registration or to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the proceeding. B. The board may suspend, without an order to show cause, any registrant simultaneously with the institution of proceedings under Section 14 [30-31-14 NMSA 1978] or where renewal of registration is refused if it finds that there is such a substantial and imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction. History: 1953 Comp., § 54-11-15, enacted by Laws 1972, ch. 84, § 15.
NM Stat § 30-31-16 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-16 - Records of registrants.

A. Every registrant under the Controlled Substances Act manufacturing, distributing or dispensing a controlled substance shall maintain, on a current basis, a complete and accurate record of each substance manufactured, received, sold or delivered by him in accordance with regulations of the board. Inventories as required in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 shall be deemed in compliance with inventory requirements under this section. B. Records for drugs under Schedules I and II shall be kept separate from other records. Prescriptions for all Schedule I and II drugs and narcotic prescriptions for controlled substances listed in Schedules III, IV and V shall be maintained separately from other prescription drugs in accordance with regulations of the board. C. Records for nonnarcotic controlled substances under Schedules III, IV and V shall be maintained either separately or in such form that they are readily retrievable and are marked for ready identification in accordance with regulations of the board. Prescriptions for nonnarcotic controlled substances shall be maintained either in a separate prescription file or in such form that they are readily retrievable from other prescription records and are marked for ready identification in accordance with regulations of the board. D. Records shall be maintained for a period of at least three years from the date of the record and may be inspected as required by authorized agents of the board. E. A practitioner is not required to keep records of controlled substances listed in Schedules II through V that he prescribes or administers in the lawful course of his professional practice. He shall keep records of controlled substances that he dispenses other than by prescribing or administering. F. Each pharmacy licensed in the state shall provide information relating to the dispensing of any controlled substance designated by the board. The board shall administer the collection and dissemination of the information obtained. The manner of reporting and the extent of the required information shall be designated by regulation of the board. History: 1953 Comp., § 54-11-16, enacted by Laws 1972, ch. 84, § 16; 1994, ch. 42, § 2. ANNOTATIONSCross references. — For definitions applicable to Medical Practice Act, see 61-6-6 NMSA 1978. For definitions applicable to Physician Assistants Act, see 61-6-7.1 NMSA 1978. For pharmacist clinician prescriptive authority, see 61-11B-3 NMSA 1978. For the Comprehensive Drug Abuse Prevention and Control Act of 1970, see 21 U.S.C. § 801 et seq. The 1994 amendment, effective May 18, 1994, substituted "that" for "which" in both sentences in Subsection E and added Subsection F.
NM Stat § 30-31-17 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-17 - Order forms.

Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 respecting order forms shall be deemed compliance with this section. History: 1953 Comp., § 54-11-17, enacted by Laws 1972, ch. 84, § 17. ANNOTATIONSCross references. — For the Comprehensive Drug Abuse Prevention and Control Act of 1970, see 21 U.S.C. § 801 et seq.
NM Stat § 30-31-19 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-19 - Distributions by manufacturers or distributors.

A registered manufacturer or distributor may distribute controlled substances to the following: A. a registered manufacturer, pharmacy or distributor; B. a registered practitioner; C. a registered hospital or clinic; and D. to a person in charge of a registered laboratory, but only for use by that laboratory for scientific and medical purposes. History: 1953 Comp., § 54-11-19, enacted by Laws 1972, ch. 84, § 19.
NM Stat § 30-31-21 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-21 - Distribution to a minor.

Except as authorized by the Controlled Substances Act, no person who is eighteen years of age or older shall intentionally distribute a controlled substance to a person under the age of eighteen years. Any person who violates this section with respect to a controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of any controlled substance enumerated in Schedule I, II, III or IV is:(1) for the first offense, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and(2) for the second and subsequent offenses, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: 1953 Comp., § 54-11-21, enacted by Laws 1972, ch. 84, § 21; 1974, ch. 9, § 2; 1980, ch. 23, § 2; 1987, ch. 68, § 3; 2021 (1st S.S.), ch. 4, § 66. ANNOTATIONSThe 2021 (1st S.S.) amendment, effective June 29, 2021, removed the distribution of marijuana from the application of the section; and deleted former Subsection A and former subsection designation "B".Constitutionality. — Sections 30-31-20 to 30-31-25 NMSA 1978, which define unlawful activities and provide penalties therefor, are not unconstitutional under N.M. Const., art. IV, § 16, because of the fact that "unlawful activities" are not mentioned in the title of the act. State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, cert. denied, 85 N.M. 483, 513 P.2d 1265. Greater penalty imposed on seller than on user. — The legislature clearly intended to impose greater penalties on the seller of a controlled substance than upon the user. State v. Sandoval, 1982-NMCA-091, 98 N.M. 417, 649 P.2d 485. Distribution by mail. — Neither the federal constitution nor 18 U.S.C. § 1716 preempts New Mexico jurisdiction over distribution of controlled substances to a minor through the use of the mails. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75. Law reviews. — For article, "The Confusing Law of Criminal Intent in New Mexico," see 5 N.M. L. Rev. 63 (1974). For note and comment, "State v. Urioste: A Prosecutor's Dream and Defender's Nightmare," see 34 N.M. L. Rev. 517 (2004). Am. Jur. 2d, A.L.R. and C.J.S. references. — Giving, selling or prescribing dangerous drugs as contributing to the delinquency of a minor, 36 A.L.R.3d 1292.
NM Stat § 30-31-24 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-24 - Controlled substances; violations of administrative provisions.

A. It is unlawful for any person: (1) who is subject to Sections 30-31-11 through 30-31-19 NMSA 1978 to intentionally distribute or dispense a controlled substance in violation of Section 30-31-18 NMSA 1978; (2) who is a registrant, to intentionally manufacture a controlled substance not authorized by his registration, or to intentionally distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person; (3) to intentionally refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the Controlled Substances Act; or (4) to intentionally refuse an entry into any premises for any inspection authorized by the Controlled Substances Act. B. Any person who violates this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: 1953 Comp., § 54-11-24, enacted by Laws 1972, ch. 84, § 24; 1974, ch. 9, § 5; 1980, ch. 23, § 5. ANNOTATIONSTitle of act constitutionally adequate. — Sections 30-31-20 to 30-31-25 NMSA 1978, which define unlawful activities and provide penalties therefor, are not unconstitutional on the ground that "unlawful activities" are not mentioned in the title of the act. State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, cert. denied, 85 N.M. 483, 513 P.2d 1265. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 76, 191, 206. State law criminal liability of licensed physician for prescribing or dispensing drug or similar controlled substance, 13 A.L.R.5th 1. 28 C.J.S. Drugs and Narcotics § 101 et seq.
NM Stat § 30-31-26 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-26 - Penalties under other laws.

A. Any penalty imposed for violation of the Controlled Substances Act is in addition to any civil or administrative penalty or sanction otherwise provided by law. B. A municipality may, by ordinance, prohibit distribution or possession of a controlled substance enumerated in Schedules I, II, III or IV but penalty provisions shall be the same as those provided for a similar crime in the Controlled Substances Act. History: 1953 Comp., § 54-11-26, enacted by Laws 1972, ch. 84, § 26.
NM Stat § 30-31-27 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-27 - Bar to prosecution.

If a violation of the Controlled Substances Act is a violation of a federal law, the law of another state or the ordinance of a municipality, a conviction or acquittal under federal law, the law of another state or the ordinance of a municipality for the same act is a bar to prosecution. History: 1953 Comp., § 54-11-27, enacted by Laws 1972, ch. 84, § 27. ANNOTATIONSCross references. — For constitutional prohibition against double jeopardy, see N.M. Const., art. II, § 15.
NM Stat § 30-31-29 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-29 - Probationary period.

Notwithstanding any other provision of law, the court may place on probation for a period not to exceed one year any person convicted of a violation of the Controlled Substances Act where the maximum length of the term of imprisonment is one year or less if: A. the judge does not impose a prison sentence; or B. the judge suspends all of any prison sentence which he imposes. History: 1953 Comp., § 54-11-28.1, enacted by Laws 1975, ch. 80, § 1.
NM Stat § 30-31-30 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-30 - Powers of enforcement personnel.

Any officer or employee designated by the board may: A. serve search warrants, arrest warrants and administrative inspection warrants; B. make arrests without warrant for any offense under the Controlled Substances Act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of the Controlled Substances Act which may constitute a felony; or C. make seizures of property pursuant to the Controlled Substances Act. History: 1953 Comp., § 54-11-29, enacted by Laws 1972, ch. 84, § 29. ANNOTATIONSCross references. — For constitutional guarantee against unreasonable searches and seizures, see N.M. Const., art. II, § 10. For issuance of arrest and search warrants, see Rules 5-208 and 5-211 NMRA. Warrantless arrests in public. — Statutory provisions regarding warrants must be considered in para materia with N.M. Const., art. II, § 10. Subsection B cannot establish conclusively that an arrest based on such authority comports with the constitutional protection afforded by N.M. Const., art. II, § 10. Warrantless arrests made under the authority of the statute may be presumed reasonable but that presumption may be rebutted under an interpretation of what is constitutional. Campos v. State, 1994-NMSC-012, 117 N.M. 155, 870 P.2d 117. Probable cause plus exigent circumstances. — Warrantless search of defendant's tractor and trailer was justified by probable cause arising from detailed information supplied by informant, along with exigent circumstances attendant in the case of moving vehicles. State v. One 1967 Peterbilt Tractor, 1973-NMSC-025, 84 N.M. 652, 506 P.2d 1199. Law reviews. — For note, "New Mexico Requires Exigent Circumstances for Warrantless Public Arrests: Campos v. State," see 25 N.M.L. Rev. 315 (1995). Am. Jur. 2d, A.L.R. and C.J.S. references. — Odor of narcotics as providing probable cause for warrantless search, 5 A.L.R.4th 681.
NM Stat § 30-31-32 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-32 - Administrative inspections.

The board may make administrative inspections of controlled premises in accordance with the following provisions: A. for purposes of this section, "controlled premises" means: (1) places where persons registered or exempted from registration requirements under the Controlled Substances Act are required to keep records; and (2) places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under the Controlled Substances Act are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; B. when authorized by an administrative inspection warrant issued pursuant to Section 30 [30-31-31 NMSA 1978], an officer or employee designated by the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter the controlled premises for the purpose of conducting an administrative inspection; C. when authorized by an administrative inspection warrant, an officer or employee designated by the board may: (1) inspect and copy records required by the Controlled Substances Act to be kept; (2) inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in Subsection E, all other things bearing on violations of the Controlled Substances Act, including records, files, papers, processes, controls and facilities; and (3) inventory any stock of any controlled substance and obtain samples; D. this section does not prevent entries and administrative inspections, including seizures of property, without a warrant: (1) if the owner, operator or agent in charge of the controlled premises consents; (2) in situations presenting substantial imminent danger to health or safety; or (3) in all other situations in which a warrant is not constitutionally required; E. an inspection authorized by this section shall not extend to financial data, sales data other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing. History: 1953 Comp., § 54-11-31, enacted by Laws 1972, ch. 84, § 31. ANNOTATIONSCross references. — For constitutional guarantee against unreasonable searches and seizures, see N.M. Const., art. II, § 10. For issuance of search warrants, see Rule 5-211 NMRA.
NM Stat § 30-31-33 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-33 - Injunctions.

A. The district courts may exercise jurisdiction to restrain or enjoin violations of the Controlled Substances Act. B. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. History: 1953 Comp., § 54-11-32, enacted by Laws 1972, ch. 84, § 32. ANNOTATIONSCross references. — For statutory provisions regarding contempt, see 34-1-2 to 34-1-5 NMSA 1978. For issuance of injunctions, see Rules 1-065 and 1-066 NMRA.
NM Stat § 30-31-36 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-36 - Summary forfeiture.

A. Controlled substances listed in Schedule I or controlled substance analogs of substances listed in Schedule I that are possessed, transferred, sold or offered for sale in violation of the Controlled Substances Act are contraband and shall be seized and summarily forfeited to the state. B. Controlled substances listed in Schedule I or controlled substance analogs of substances listed in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state. C. Species of plants from which controlled substances in Schedules I and II or controlled substance analogs of substances listed in Schedules I and II may be derived which have been planted or cultivated in violation of the Controlled Substances Act, or of which the owners or cultivators are unknown or which are wild growths, may be seized and summarily forfeited to the state. History: 1953 Comp., § 54-11-35, enacted by Laws 1972, ch. 84, § 35; 1987, ch. 68, § 7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Effect of forfeiture proceedings under Uniform Controlled Substances Act or similar statute on lien against property subject to forfeiture, 1 A.L.R.5th 317. Forfeitability of property, under Uniform Controlled Substances Act or similar statute, where property or evidence supporting forfeiture was illegally seized, 1 A.L.R.5th 346. Application of forfeiture provisions of Uniform Controlled Substances Act or similar statute where drugs were possessed for personal use, 1 A.L.R.5th 375. Forfeitability of property under Uniform Controlled Substances Act or similar statute where amount of controlled substance seized is small, 6 A.L.R.5th 652. Delay between seizure of personal property by federal government and institution of proceedings for forfeiture thereof as violative of fifth amendment due process requirements, 69 A.L.R. Fed. 373.
NM Stat § 30-31-37 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-37 - Burden of proof.

It is not necessary for the state to negate any exemption or exception in the Controlled Substances Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under the Controlled Substances Act. The burden of proof of any exemption or exception is upon the person claiming it. History: 1953 Comp., § 54-11-36, enacted by Laws 1972, ch. 84, § 36. ANNOTATIONSState not required to disprove excuses or exemptions. — The state's burden of proving guilt beyond a reasonable doubt does not entail the burden of disproving all excuses, provisos, exceptions and exemptions which might possibly relieve a defendant of criminal liability for the offense with which he is charged. State v. Everidge, 1967-NMSC-035, 77 N.M. 505, 424 P.2d 787, cert. denied, sub nom. Greene v. U.S., 386 U.S. 976, 87 S. Ct. 1171, 18 L. Ed. 2d 136 (1967). Burden on defendant to negate narcotic character of substance. — The burden of proof is on the defendant, not the state, to prove that the substance identified as heroin was not a narcotic drug as an exemption or exception. State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, cert. denied, 85 N.M. 483, 513 P.2d 1265. State's burden of proof in forfeiture proceeding. — In the forfeiture portion of the trial, the burden of proof is on the state to prove by clear and convincing evidence that the property in question is subject to forfeiture. State v. Nunez, 2000-NMSC-013, 129 N.M. 63, 2 P.3d 264. Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drugs and Narcotics § 148 et seq.
NM Stat § 30-31-38 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-38 - Cooperative duties of board.

A. The board shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end it may: (1) arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (2) cooperate in training programs concerning controlled substances law enforcement at local and state levels; and (3) cooperate with the bureau by establishing a centralized unit to accept, catalogue, file and collect statistics and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under Section 39 [30-31-40 NMSA 1978]. B. Results, information and evidence received from the bureau relating to the regulatory functions of the Controlled Substances Act, including results of inspections conducted by it, may be relied and acted upon by the board in the exercise of its regulatory functions under the Controlled Substances Act. History: 1953 Comp., § 54-11-37, enacted by Laws 1972, ch. 84, § 37.
NM Stat § 30-31-39 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-39 - Education.

The board shall provide for educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs it may: A. promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry; B. assist the regulated industry in contributing to the reduction of misuse and abuse of controlled substances; and C. assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances. History: 1953 Comp., § 54-11-38, enacted by Laws 1972, ch. 84, § 38.