NM Stat § 30-31-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 31 - Controlled Substances|Section 30-31-2 - Definitions.

As used in the Controlled Substances Act:A. "administer" means the direct application of a controlled substance by any means to the body of a patient or research subject by a practitioner or the practitioner's agent;B. "agent" includes an authorized person who acts on behalf of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseperson or employee of the carrier or warehouseperson;C. "board" means the board of pharmacy;D. "bureau" means the narcotic and dangerous drug section of the criminal division of the United States department of justice, or its successor agency;E. "controlled substance" means a drug or substance listed in Schedules I through V of the Controlled Substances Act or rules adopted thereto;F. "counterfeit substance" means a controlled substance that bears the unauthorized trademark, trade name, imprint, number, device or other identifying mark or likeness of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the controlled substance;G. "deliver" means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is an agency relationship;H. "dispense" means to deliver a controlled substance to an ultimate user or research subject pursuant to the lawful order of a practitioner, including the administering, prescribing, packaging, labeling or compounding necessary to prepare the controlled substance for that delivery;I. "dispenser" means a practitioner who dispenses and includes hospitals, pharmacies and clinics where controlled substances are dispensed;J. "distribute" means to deliver other than by administering or dispensing a controlled substance or controlled substance analog;K. "drug" or "substance" means substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any respective supplement to those publications. It does not include devices or their components, parts or accessories;L. "manufacture" means the production, preparation, compounding, conversion or processing of a controlled substance or controlled substance analog by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:(1) by a practitioner as an incident to administering or dispensing a controlled substance in the course of the practitioner's professional practice; or(2) by a practitioner, or by the practitioner's agent under the practitioner's supervision, for the purpose of or as an incident to research, teaching or chemical analysis and not for sale;M. "narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:(1) opium and opiate and any salt, compound, derivative or preparation of opium or opiate;(2) any salt, compound, isomer, derivative or preparation that is a chemical equivalent of any of the substances referred to in Paragraph (1) of this subsection, except the isoquinoline alkaloids of opium;(3) opium poppy and poppy straw, including all parts of the plant of the species Papaver somniferum L. except its seeds; or(4) coca leaves and any salt, compound, derivative or preparation of coca leaves, any salt, compound, isomer, derivative or preparation that is a chemical equivalent of any of these substances except decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;N. "opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts, dextromethorphan. "Opiate" does include its racemic and levorotatory forms;O. "person" means an individual, partnership, corporation, association, institution, political subdivision, government agency or other legal entity;P. "practitioner" means a physician, certified advanced practice chiropractic physician, doctor of oriental medicine, dentist, physician assistant, certified nurse practitioner, clinical nurse specialist, certified nurse-midwife, prescribing psychologist, veterinarian, euthanasia technician, pharmacist, pharmacist clinician or other person licensed or certified to prescribe and administer drugs that are subject to the Controlled Substances Act;Q. "prescription" means an order given individually for the person for whom is prescribed a controlled substance, either directly from a licensed practitioner or the practitioner's agent to the pharmacist, including by means of electronic transmission, or indirectly by means of a written order signed by the prescriber, bearing the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use and the date of issue and in accordance with the Controlled Substances Act or rules adopted thereto;R. "scientific investigator" means a person registered to conduct research with controlled substances in the course of the person's professional practice or research and includes analytical laboratories;S. "ultimate user" means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal under the care, custody and control of the person or by a member of the person's household;T. "drug paraphernalia" means, except as to use in accordance with the Cannabis Regulation Act [26-2C-1 to 26-2C-42 NMSA 1978] or the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of the Controlled Substances Act. It includes:(1) kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a controlled substance or controlled substance analog or from which a controlled substance can be derived;(2) kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs;(3) isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance;(4) testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs;(5) scales or balances used, intended for use or designed for use in weighing or measuring controlled substances or controlled substance analogs;(6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or controlled substance analogs;(7) blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or controlled substance analogs;(8) capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or controlled substance analogs;(9) containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs;(10) hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or controlled substance analogs into the human body;(11) objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing cocaine into the human body, such as:(a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;(b) water pipes;(c) carburetion tubes and devices;(d) smoking and carburetion masks;(e) miniature cocaine spoons and cocaine vials;(f) chamber pipes;(g) carburetor pipes;(h) electric pipes;(i) air-driven pipes;(j) chilams;(k) bongs; or(l) ice pipes or chillers; and(12) in determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:(a) statements by the owner or by anyone in control of the object concerning its use;(b) the proximity of the object, in time and space, to a direct violation of the Controlled Substances Act or any other law relating to controlled substances or controlled substance analogs;(c) the proximity of the object to controlled substances or controlled substance analogs;(d) the existence of any residue of a controlled substance or controlled substance analog on the object;(e) instructions, written or oral, provided with the object concerning its use;(f) descriptive materials accompanying the object that explain or depict its use;(g) the manner in which the object is displayed for sale; and(h) expert testimony concerning its use;U. "controlled substance analog" means a substance other than a controlled substance that has a chemical structure substantially similar to that of a controlled substance in Schedule I, II, III, IV or V or that was specifically designed to produce effects substantially similar to that of controlled substances in Schedule I, II, III, IV or V. Examples of chemical classes in which controlled substance analogs are found:(1) include:(a) phenethylamines;(b) N-substituted piperidines;(c) morphinans;(d) ecgonines;(e) quinazolinones;(f) substituted indoles; and(g) arylcycloalkylamines; and (2) do not include those substances that are generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act or have been manufactured, distributed or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of Section 505 of the Federal Food, Drug, and Cosmetic Act;V. "human consumption" includes application, injection, inhalation, ingestion or any other manner of introduction;W. "drug-free school zone" means a public school, parochial school or private school or property that is used for a public, parochial or private school purpose and the area within one thousand feet of the school property line, but it does not mean any post-secondary school; andX. "valid practitioner-patient relationship" means a professional relationship, as defined by the practitioner's licensing board, between the practitioner and the patient. History: 1953 Comp., § 54-11-2, enacted by Laws 1972, ch. 84, § 2; 1979, ch. 2, § 1; 1981, ch. 31, § 1; 1987, ch. 68, § 1; 1989, ch. 177, § 19; 1990, ch. 19, § 2; 1997, ch. 244, § 2; 1997, ch. 253, § 3; 2000, ch. 53, § 1; 2001, ch. 50, § 2; 2002, ch. 100, § 2; 2005, ch. 152, § 9; 2006, ch. 17, § 1; 2008, ch. 44, § 5; 2009, ch. 102, § 2; 2017, ch. 140, § 2; 2019, ch. 116, § 9; 2021 (1st S.S.), ch. 4, § 63.ANNOTATIONSCross references. — For the Federal Food, Drug and Cosmetic Act, referred to in the last undesignated paragraph of Subsection W, see 21 U.S.C. § 301 et seq. For Section 505 of that act, also referred to in the last undesignated paragraph of Subsection W, see 21 U.S.C. § 355. Compiler's notes. — Senate Bill 6, enacted by the Fifty-Third Legislature, First Session, 2017, was vetoed by the governor on March 11, 2017. Pursuant to the First Judicial District Court's decision in State ex rel. New Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of New Mexico et al., D-101-CV-2017-01550, and affirmed by S.Ct. Order No. S-1-SC-36731, on April 25, 2018, which held that Article IV, Section 22 of the New Mexico Constitution requires that objections must accompany a returned bill, Senate Bill 6 was chaptered into law by the Secretary of State. The 2021 (1st S.S.) amendment, effective June 29, 2021, removed the definitions of "hashish", "hemp", and "marijuana", and revised the definition of "drug paraphernalia", as used in the Controlled Substances Act; deleted former Subsections L and M and redesignated former Subsection N as Subsection L; deleted former Subsection O and redesignated former Subsections P through AA as Subsections M through X, respectively; in Subsection T, after "means", added "except as to use in accordance with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act", deleted former Paragraph W(7) and redesignated former Paragraphs W(8) through W(13) as Paragraphs T(7) through T(12), respectively, in Paragraph T(11), after "introducing", deleted "marijuana", after "cocaine", deleted "hashish or hashish oil", deleted former Subparagraph W(12)(e) and redesignated former Subparagraphs W(12)(f) through W(12)(m) as Subparagraphs T(11)(e) through T(11)(l), respectively; and in Subsection U, added new paragraph designations "(1)" and "(2)" and redesignated former Paragraphs X(1) through X(7) as Subparagraphs U(1)(a) through U(1)(g), respectively, after Subparagraph U(1)(g), deleted "Specifically excluded from the definition of 'controlled substance analog' are", and in Paragraph U(2), added "do not include". The 2019 amendment, effective July 1, 2019, defined "hemp" as used in the Controlled Substances Act; and added a new Subsection M and redesignated former Subsections M through Z as Subsections N through AA, respectively.The 2017 amendment, effective June 16, 2017, excluded the plant Cannabis sativa L, and any part of the plant, from the definition of "marijuana" in the Controlled Substances Act; in Subsection N, after "that is incapable of germination", added "or the plant Cannabis sativa L, and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths percent on a dry weight basis". The 2009 amendment, effective June 19, 2009, in Subsection R, added "euthanasia technician". The 2008 amendment, effective May 14, 2008, added "certified advanced practice chiropractic physician" in Subsection R. The 2006 amendment, effective July 1, 2006, revised Subsection Y to add parochial and private schools to the definition of a drug-free school zone. The 2005 amendment, effective June 17, 2005, provided in Subsection S that a "prescription" means an order given by a licensed practitioner or the practitioner's agent, including an order given by electronic transmission, and providing that the order bear the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use, and the date of issue; and added the definition of "valid practitioner-patient relationship" in Subsection Z to mean the relationship defined by the practitioner's licensing board. The 2002 amendment, effective July 1, 2002, inserted "physician assistant, prescribing psychologist" in Subsection R. The 2001 amendment, effective June 15, 2001, substituted "rules" for "regulations" in Subsections E and S, and inserted "pharmacist, pharmacist clinician" to the definition of "practitioner" in Subsection R. The 1997 amendment, effective June 20, 1997, added "certified nurse-midwife" and "or certified" following "licensed" in Subsection R. The 1990 amendment, effective July 1, 1990, added Subsection Y and made minor stylistic changes throughout the section. The 1989 amendment, effective July 1, 1989, substituted "drug or substance" for "drug, substance or immediate precursor" in Subsection E; deleted former Subsection M, which read: "'immediate precursor' means a substance which the board has designated by regulation as being the principal compound commonly used or produced primarily as an immediate chemical intermediary used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture"; redesignated former Subsections N through Y as present Subsections M through X; made minor stylistic changes in Paragraph (4) of Subsection O, in the first sentence of Subsection W, and in Subsection X; and in Subsection V inserted "or controlled substance analogs" in Paragraph (9) and in subparagraph (c) of Paragraph (13). Drug paraphernalia defined. — Section 30-31-2V NMSA 1978 clearly and unambiguously does not include ephedrine within its definition of drug paraphernalia. State v. Mcwhorter, 2005-NMCA-133, 138 N.M. 580, 124 P.3d 215, cert. denied, 138 N.M. 586, 124 P.3d 564. Constitutionality. — The Drug Paraphernalia Act is not vague or overbroad. The General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982). Personal use exception. — Trafficking by manufacture as defined in Section 30-31-2M NMSA 1978 does not allow for a personal use exception. State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert. denied, 2004-NMCERT-008, 136 N.M. 492, 100 P.3d 197. Search for "controlled substances". — Specification in a search warrant of "controlled substances" kept on premises contrary to law was as precise as the situation permitted considering the wide variety of drugs used by addicts, the words used in the warrant having a definite meaning in that they referred to certain and definite lists of drugs and their derivatives, and left nothing to the discretion of the officers. State v. Quintana, 1975-NMCA-034, 87 N.M. 414, 534 P.2d 1126, cert. denied, 88 N.M. 29, 536 P.2d 1085, and cert. denied, 423 U.S. 832, 96 S. Ct. 54, 46 L. Ed. 2d 50 (1975). Term "constructive transfer" is not void under due process clause on the grounds of vagueness. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75. Constructive delivery. — A "constructive delivery" occurs when the conduct of the parties is such as to be inconsistent with any other supposition than that there has been a change in the nature of the holding. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75. Aiding actual transfer. — Testimony that seller handed marijuana to defendant, who in turn handed it to undercover agent, was sufficient evidence of aiding and abetting "actual transfer" of marijuana. State v. Montoya, 1974-NMCA-025, 86 N.M. 155, 520 P.2d 1100. "Distributing" includes prescription for other than legitimate medical purpose. — When a physician writes a prescription neither for a legitimate medical purpose nor in the usual course of his professional practice, he is "distributing" drugs. State v. Carr, 1981-NMCA-029, 95 N.M. 755, 626 P.2d 292, cert. denied, 95 N.M. 669, 625 P.2d 1186, and cert. denied, 454 U.S. 853, 102 S. Ct. 298, 70 L. Ed. 2d 145 (1981), overruled on other grounds by State v. Olguin, 1994-NMCA-050, 118 N.M. 91, 879 P.2d 92, aff'd in part, 1995-NMSC-077, 120 N.M. 740, 906 P.2d 731. Agency not defense to distribution charge. — Court properly refused instructions defining agency and telling the jury that if the accused had acted as agent for police officers in obtaining heroin he could not be convicted of distributing it, since agency is not a defense to a distribution charge. State v. Bustamante, 1978-NMCA-062, 91 N.M. 772, 581 P.2d 460. Mailing as distribution. — Placing a controlled substance in the mail was a constructive transfer which had the effect of turning the controlled substance over to an agent for delivery and constituted a distribution. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75. Distribution to minor. — Neither the federal constitution nor 18 U.S.C. § 1716 preempt 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. Subsection M virtually identical to USCA. — Subsection M of this section is virtually identical to the definition of manufacturing found in the Uniform Controlled Substances Act (1994). State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert. denied, 2004-NMCERT-008, 136 N.M. 492, 100 P.3d 197. Distribution not required from manufacturing. — There is nothing in the language of Subsection M of this section to suggest that manufacturing requires distribution or an intent to distribute. State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert. denied, 2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197. No personal use exception in Subsection M. — The legislature has not included personal use as one of the exceptions specifically set forth in Subsection M of this section. State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert. denied, 2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197. Growing marijuana as manufacturer. — Defendant was a "manufacturer" of marijuana within the contemplation of 54-7-2, 1953 Comp. (now repealed), by reason of his being a grower and cultivator thereof. State v. Gonzales, 1967-NMCA-030, 78 N.M. 591, 435 P.2d 210; State v. Ortiz, 1967-NMCA-019, 78 N.M. 507, 433 P.2d 92 (decided under former law, statute repealed). Marijuana is not a narcotic drug under present statutes. State v. Mabrey, 1975-NMCA-098, 88 N.M. 227, 539 P.2d 617. Marijuana was formerly classified as narcotic. — Expert witness' identification of substance as cannabis leaves, or a substance neither chemically or physically distinguishable from cannabis, was sufficient evidence for jury to find that the substance was a "narcotic drug" under former law. State v. Tapia, 1966-NMSC-245, 77 N.M. 168, 420 P.2d 436 (decided under prior law). Cannabis sativa. — State was not required to show that the cannabis leaves were sown or cultivated, as indicated by the name "sativa." State v. Tapia, 1966-NMSC-245, 77 N.M. 168, 420 P.2d 436 (decided under prior law). Substances held identical. — Marijuana, cannabis indica and cannabis sativa L. have been held to be identical as a matter of law. State v. Everidge, 1967-NMSC-035, 77 N.M. 505, 424 P.2d 787, cert. denied, sub nom. Greene v. United States, 386 U.S. 976, 87 S. Ct. 1171, 18 L. Ed. 2d 136 (1967); State v. Romero, 1964-NMSC-245, 74 N.M. 642, 397 P.2d 26 (decided before 1979 amendment). "Marijuana" and "cannabis indica" are merely geographical oriented names of cannabis, whereas "cannabis sativa L." is the botanical name of cannabis. State v. Romero, 1964-NMSC-245, 74 N.M. 642, 397 P.2d 26 (decided before 1979 amendment). "Mature stalks" of marijuana exempt. — Where expert testified that marijuana in defendant's possession was a "mature stalk" which is specifically exempted under this section, conviction for unlawful possession of marijuana could not be sustained. State v. Benavidez, 1962-NMSC-137, 71 N.M. 19, 375 P.2d 333. Cocaine may be classified as "narcotic". — The legislature can rationally classify cocaine, a nonnarcotic central nervous system stimulant, as a narcotic for penalty and regulatory purposes. State v. Chouinard, 1981-NMSC-096, 96 N.M. 658, 634 P.2d 680, cert. denied, 456 U.S. 930, 102 S. Ct. 1980, 72 L. Ed. 2d 447 (1982). Heroin is narcotic drug as matter of law. State v. Gonzales, 1974-NMCA-080, 86 N.M. 556, 525 P.2d 916, overruled on other grounds by State v. Bender, 1978-NMSC-044, 91 N.M. 670, 579 P.2d 796 (decided under prior law). Jury instruction. — Trial court did not err in instructing the jury, as a matter of law, that heroin was a narcotic drug, since Subsection P (now Subsection O) of this section includes opium and any derivative of opium within the definition of narcotic drug, and 30-31-6 NMSA 1978 lists heroin as one of the opium derivatives. State v. Romero, 1974-NMCA-015, 86 N.M. 99, 519 P.2d 1180. A natural person is included within definition of "person." State v. Tucker, 1974-NMCA-049, 86 N.M. 553, 525 P.2d 913, cert. denied, 86 N.M. 528, 525 P.2d 888; State v. Romero, 1974-NMCA-015, 86 N.M. 99, 519 P.2d 1180; State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75. "Prescription" construed. — If a written direction is not for a substance to be used in treating illness, it is not a prescription as that term is used in the Controlled Substances Act (30-31-1 NMSA 1978). State v. Carr, 1981-NMCA-029, 95 N.M. 755, 626 P.2d 292, cert. denied, 95 N.M. 669, 625 P.2d 1186, and cert denied, 454 U.S. 853, 102 S. Ct. 298, 70 L. Ed. 2d 145 (1981), overruled on other grounds by State v. Olguin, 1994-NMCA-050, 118 N.M. 91, 879 P.2d 92, aff'd in part, 1995-NMSC-077, 120 N.M. 740, 906 P.2d 731. Drug paraphernalia guidelines adequately clear. — The guidelines present in Subsection W (now Subsection V) are adequate to alert law enforcement officers as to what activity is specifically proscribed. The General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982). Drug paraphernalia. — The "intended for use" language in Subsection W (now Subsection V) is applicable to the state of mind of the individual charged with the offense of selling, distributing or displaying drug paraphernalia. The statutory definition of "drug paraphernalia" is thus clear and provides notice of what is prohibited. The General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982). Drug paraphernalia descriptive materials. — Subsection W(13)(f) (now Subsection V(13(f)), regarding descriptive materials accompanying an object, does not constitute a chilling factor nor invade the right of free speech. Any effect on protected speech is incidental. The General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 1, 2, 6, 8, 9, 10, 14 et seq., 33, 40, 43, 47, 48, 49, 54 et seq., 66, 67, 69, 72, 75, 76, 96, 98, 100, 120 et seq., 130, 136, 140, 141, 153, 161 et seq., 179 et seq., 191, 200, 206, 211, 212, 229 et seq. Chemically synthesized LSD, STP, MDA or other hallucinogenic or psychedelic substances as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1284. Sufficiency of prosecution proof that substance defendant is charged with possessing or selling, or otherwise unlawfully dealing in, is marijuana, 75 A.L.R.3d 717. Competency of drug addict or user to identify suspect material as narcotic or controlled substance, 95 A.L.R.3d 978. 28 C.J.S. Drugs and Narcotics § 1 et seq.