reglab/housing_qa huggingface dataset:
NM Stat § 30-31-40 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-40 - Research; confidentiality.

A. The board shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of the Controlled Substances Act, it may register public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances. B. The board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained. C. The board may authorize the possession and distribution of controlled substances by persons engaged in research. Such authorization shall contain the conditions and terms of the research to be conducted. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. D. A practitioner engaged in medical practice or research shall not be required to furnish the name or identity of a patient or research subject to the board, nor may he be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential. History: 1953 Comp., § 54-11-39, enacted by Laws 1972, ch. 84, § 39. ANNOTATIONSCross references. — For confidentiality of health information involving specific individuals, see 14-6-1 NMSA 1978.
NM Stat § 30-31-41 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-41 - Anabolic steroids; possession; distribution; penalties; notice.

A. Except as authorized by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act, Chapter 26, Article 1 NMSA 1978], it is unlawful for any person to intentionally possess anabolic steroids. Any person who violates this subsection is guilty of a misdemeanor. B. Except as authorized by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act], it is unlawful for any person to intentionally distribute or possess with intent to distribute anabolic steroids. Any person who violates this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Except as authorized by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and Cosmetic Act], it is unlawful for any person eighteen years of age or older to intentionally distribute anabolic steroids to a person under eighteen years of age. Any person who violates this subsection is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. D. A copy of this act shall be distributed to each licensed athletic trainer by the athletic trainers advisory board and displayed prominently in the athletic locker rooms of all state post-secondary and public schools. History: Laws 1987, ch. 271, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not a part of the law. Laws 1987, ch. 270, § 1 changed the "New Mexico Drug and Cosmetic Act" to the "New Mexico Drug, Device and Cosmetic Act". Cross references. — For definition of dangerous drug for purposes of the New Mexico Drug, Device and Cosmetic Act, see 26-1-2 NMSA 1978.
NM Stat § 30-31A-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-1 - Short title.

This act [30-31A-1 to 30-31A-15 NMSA 1978] may be cited as the "Imitation Controlled Substances Act". History: Laws 1983, ch. 148, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Federal criminal liability of narcotics conspirator for different substantive crime of other conspirator, 77 A.L.R. Fed. 661.
NM Stat § 30-31A-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-2 - Definitions.

As used in the Imitation Controlled Substances Act: A. "board" means the board of pharmacy; B. "controlled substance" means a substance as defined in Subsection E of Section 30-31-2 NMSA 1978; C. "distribute" means the sale or possession with the intent to sell of an imitation controlled substance; D. "imitation controlled substance" means a substance that is not a controlled substance which by dosage unit appearance, including color, shape, size and markings and by representations made would lead a reasonable person to believe that the substance is a controlled substance. The fact finder may consider: (1) statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect; (2) statements made to the recipient that the substance may be resold for inordinate profit; (3) whether the substance is packaged in a manner normally used for illicit controlled substances; (4) evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities; (5) prior convictions, if any, of the owner or anyone in control of the object, under state or federal law related to controlled substances or fraud; and (6) whether the physical appearance of the substance is substantially identical to a controlled substance; and E. "manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging or labeling or relabeling as an imitation controlled substance. History: Laws 1983, ch. 148, § 2. ANNOTATIONSAdmissibility of prior convictions under Section 31-31A-2(D)(5) NMSA 1978. — Any evidence of a prior conviction referred to in Section 31-31A-2(D)(5) NMSA 1978 must also be admissible under Rules 11-403 and 11-404(B) NMRA. State v. Serna, 2013-NMSC-033. Admission of prior convictions under Section 31-31A-2(D)(5) NMSA 1978 was error. — Where defendant was charged with trafficking imitation controlled substances for selling baking soda as cocaine; pursuant to Section 31-31A-2(D)(5) NMSA 1978, the district court allowed testimony about defendant's prior criminal convictions for possession of a controlled substance and credit card fraud; and the evidence of defendant's prior convictions went solely to propensity, painting defendant as a bad character from the drug world, the convictions were inadmissible. State v. Serna, 2013-NMSC-033.
NM Stat § 30-31A-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-3 - Duty to administer.

The board shall administer the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 3.
NM Stat § 30-31A-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-4 - Manufacture, distribution [or possession] of imitation controlled substance.

It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation controlled substance. Any person who violates the provisions of this section is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: Laws 1983, ch. 148, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Act not unconstitutionally vague or overbroad. — The language of this act clearly prohibits the manufacture, distribution, or possession with the intent to distribute a substance that looks like and is represented as being a controlled substance but is not, evincing a legislative intent to require general criminal intent while restricting from its reach those actions ordinarily deemed to be constitutionally protected. State v. Castleman, 1993-NMCA-019, 116 N.M. 467, 863 P.2d 1088, cert. quashed, 115 N.M. 796, 115 N.M. 796, 858 P.2d 1275. Jury instruction on "transfer" proper. — Trial court did not err in employing the term "transfer" in charging the jury in a prosecution for violating this section, since it is not much broader than the term "sell". State v. Castleman, 1993-NMCA-019, 116 N.M. 467, 863 P.2d 1088, cert. quashed, 115 N.M. 795, 115 N.M. 796, 858 P.2d 1275. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of state statute regulating sale of counterfeit or imitation controlled substances, 84 A.L.R.4th 936.
NM Stat § 30-31A-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-5 - Sale to a minor.

No person who is eighteen years of age or older shall intentionally sell an imitation controlled substance to a person under the age of eighteen years. 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: Laws 1983, ch. 148, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of state statute regulating sale of counterfeit or imitation controlled substances, 84 A.L.R.4th 936.
NM Stat § 30-31A-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-6 - Possession with intent to distribute an imitation controlled substance.

It is unlawful for any person intentionally to possess an imitation controlled substance with the intent to distribute. Any person who violates this section is guilty of a fourth degree felony. History: Laws 1983, ch. 148, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of state statute regulating sale of counterfeit or imitation controlled substances, 84 A.L.R.4th 936.
NM Stat § 30-31A-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-7 - Advertisement.

It is unlawful for any person to place in any newspaper, magazine, handbill or other publication, or to post or distribute in any place visible to the general public, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this section is guilty of a misdemeanor. History: Laws 1983, ch. 148, § 7.
NM Stat § 30-31A-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-8 - Defenses.

In any prosecution for unlawful delivery of an imitation controlled substance, it is no defense that the defendant believed the imitation controlled substance to be a controlled substance. History: Laws 1983, ch. 148, § 8.
NM Stat § 30-31A-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-9 - Forfeitures; property subject.

The following are subject to forfeiture: A. all raw materials, products and equipment of any kind that are used in the manufacturing, compounding or processing of any imitation controlled substance in violation of the Imitation Controlled Substances Act; B. all property that is used or intended for use as a container for property described in Subsection A of this section; and C. all books, records and research products and materials, including formulas, microfilm, tapes and data, that are used or intended for use in violation of the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 9; 2015, ch. 152, § 19. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, removed imitation controlled substances from the provisions of this section; deleted former Subsection A, relating to imitation controlled substances, and redesignated the succeeding subsections accordingly; in new Subsection A, after "any kind", deleted "which" and added "that", after "used in", added "the"; in Subsection B, after "property", deleted "which" and added "that", and after "Subsection A", deleted "or B"; and in Subsection C, after "data,", deleted "which" and added "that". Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of criminal forfeiture provisions of Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 USCS § 853), 88 A.L.R. Fed. 189.
NM Stat § 30-31A-10 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-10 - Forfeiture; procedure.

The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture and disposal under the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 10; 2002, ch. 4, § 16. ANNOTATIONSCross references. — For Rules of Civil Procedure for the District Courts, see Rule 1-001 NMRA et seq. The 2002 amendment, effective July 1, 2002, substituted the present provisions of the section for the former provisions which detailed forteiture procedures for property seized under the Imitation Controlled Substances Act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 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 in setting hearing date or in holding hearing as affecting forfeitability under Uniform Controlled Substances Act or similar statute, 6 A.L.R.5th 711.
NM Stat § 30-31A-11 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-11 - Summary forfeiture.

Imitation controlled substances that are possessed, transferred, sold or offered for sale in violation of the Imitation Controlled Substances Act are contraband and shall be seized and summarily forfeited to the state. History: Laws 1983, ch. 148, § 11.
NM Stat § 30-31A-12 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-12 - Powers of enforcement personnel.

Any officer or employee designated by the board or other law enforcement officer may: A. serve search warrants, arrest warrants and administrative inspection warrants; B. make arrests without warrant for any offense under the Imitation 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 Imitation Controlled Substances Act which may constitute a felony; or C. make seizures of property pursuant to the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 12.
NM Stat § 30-31A-13 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-13 - Administrative inspections and warrants.

Magistrate or metropolitan courts may issue administrative inspection warrants upon a showing of probable cause. History: Laws 1983, ch. 148, § 13.
NM Stat § 30-31A-14 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-14 - Injunctions.

The district courts may exercise jurisdiction to restrain or enjoin violations of the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 14.
NM Stat § 30-31A-15 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31A - Imitation Controlled Substances|Section 30-31A-15 - Immunity.

No civil or criminal liability shall be imposed by virtue of the Imitation Controlled Substances Act on any person registered under the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] who manufactures, distributes or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. History: Laws 1983, ch. 148, § 15.
NM Stat § 30-31B-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-1 - Short title.

Chapter 30, Article 31B NMSA 1978 may be cited as the "Drug Precursor Act". History: Laws 1989, ch. 177, § 1.; 2004, ch. 9, § 1; 2004, ch. 12 § 1. ANNOTATIONSThe 2004 amendment, effective July 1, 2004, substituted "Chapter 30, Article 31B NMSA 1978" for "sections 1 through 18 of this act". Laws 2004, ch. 12, § 1, effective July 1, 2004, enacted identical amendments to this section. The section was set out as amended by Laws 2004, ch. 12 § 1. See 12-1-8 NMSA 1978.
NM Stat § 30-31B-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-3 - Drug precursors list.

Any substance, material, compound, mixture or preparation of the following substances or any of their salts or isomers are subject to regulation by the board and to the requirements of the Drug Precursor Act: A. 1-phenylcyclohexylamine; B. 1-piperidinocyclohexanecarbonitrile; C. ephedrine; D. psuedoephedrine; E. methylamine; F. methylformamide; G. phenylacetic acid; and H. phenylacetone. History: Laws 1989, ch. 177, § 3.
NM Stat § 30-31B-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-5 - Nomenclature.

The drug precursors listed in Section 3 [30-31B-3 NMSA 1978] of the Drug Precursor Act are included by whatever official, common, usual, chemical or trade name designated. History: Laws 1989, ch. 177, § 5.
NM Stat § 30-31B-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-7 - Licenses.

A. The board shall license an applicant to manufacture, possess, transfer or transport drug precursors unless it determines that the issuance of that license would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors: (1) maintenance of effective controls against diversion of drug precursors into other than legitimate medical, scientific or industrial channels; (2) compliance with applicable state and local law; (3) any conviction of the applicant under federal or state laws relating to any controlled substance or drug precursor; (4) past experience in the manufacture, possession, transfer or transportation of drug precursors and the existence in the applicant's establishment of effective controls against diversion; (5) furnishing by the applicant of false or fraudulent material in any application filed under the Drug Precursor Act or the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]; (6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances or drug precursors as authorized by federal law; and (7) any other factors relevant to and consistent with the public health and safety. B. Licensing under this section does not entitle a licensee to manufacture, possess, transfer or transport drug precursors other than those allowed in the license. History: Laws 1989, ch. 177, § 7.
NM Stat § 30-31B-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-8 - Revocation and suspension of license.

A. A license to manufacture, possess, transfer or transport a drug precursor under Section 7 [30-31B-7 NMSA 1978] of the Drug Precursor Act may be suspended or revoked upon a finding that the registrant has: (1) furnished false or fraudulent material information in any application filed with the board; (2) been convicted of a felony under any state or federal law relating to a controlled substance or drug precursor; (3) had his federal registration to manufacture, distribute or dispense controlled substances or drug precursors suspended or revoked; or (4) violated any rule or regulation of the board with regard to drug precursors or controlled substances or any provision of the Drug Precursor Act or the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]. B. A hearing to revoke or suspend a license shall be held by a special hearing panel consisting of the board and two additional persons designated by the board to sit on the hearing panel. C. The special hearing panel may limit revocation or suspension of a license to the particular drug precursor if grounds for revocation or suspension exist. D. If the special hearing panel suspends or revokes a license, all drug precursors owned or possessed by the licensee at the time of suspension or the effective date of the revocation may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, unless a court, upon application, orders the sale or destruction of perishable or dangerous substances and the deposit of the proceeds of any sale with the court. E. Upon a revocation order becoming final, the board may apply to the court for an order to sell or destroy all drug precursors under seal. The court shall order the sale or destruction of such drug precursors under such terms and conditions that the court deems appropriate. F. The board shall promptly notify the bureau of all orders suspending or revoking licenses. G. The standard of proof necessary to revoke or suspend a license under this section shall be a preponderance of the evidence. The rules of evidence are not strictly applicable to a hearing under this section and all evidentiary matters are to be finally determined by the special hearing panel. History: Laws 1989, ch. 177, § 8.
NM Stat § 30-31B-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-9 - Order to show cause.

A. Before denying, suspending or revoking a license or refusing a renewal of the license, the board shall serve upon the applicant or licensee an order to show cause why the license 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 the license, the order shall be served not later than thirty days before the expiration of the license unless the proceedings relate to suspension or revocation of a license. 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 license or to refuse renewal of a license shall not abate the existing license which shall remain in effect pending the outcome of the proceeding. B. The board may suspend, without an order to show cause, any license simultaneously with the institution of proceedings to revoke or suspend a registration under Section 30-31-14 NMSA 1978 or where renewal of the license 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: Laws 1989, ch. 177, § 9.
NM Stat § 30-31B-10 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31B - Drug Precursors|Section 30-31B-10 - Records of licensees.

Every licensee under the Drug Precursor Act manufacturing, possessing, transferring or transporting a drug precursor shall maintain, on a current basis, a complete and accurate record of each substance manufactured, possessed, transferred or transported by the licensee in accordance with regulations of the board. History: Laws 1989, ch. 177, § 10.