reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross references.
— For the Comprehensive Drug Abuse Prevention and Control Act of 1970,
see
21 U.S.C. § 801 et seq.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Title 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For constitutional prohibition against double jeopardy,
see
N.M. Const., art. II, § 15.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
State 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For confidentiality of health information involving specific individuals,
see
14-6-1 NMSA 1978.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Admissibility 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 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31B - Drug Precursors › Section 30-31B-12 - Drug precursors; prohibited acts; penalties.

A. It is unlawful for any person:
(1) to transfer drug precursors except to an authorized licensee;
(2) to intentionally use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended or issued to another person;
(3) to intentionally acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception or subterfuge;
(4) to intentionally furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the Drug Precursor Act or any record required to be kept by that act;
(5) who is a licensee to intentionally manufacture a drug precursor not authorized by his license or to intentionally transfer a drug precursor not authorized by his license to another licensee or authorized person;
(6) to intentionally refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the Drug Precursor Act;
(7) to intentionally refuse an entry into any premises for any inspection authorized by the Drug Precursor Act; or
(8) to manufacture, possess, transfer or transport a drug precursor without the appropriate license or in violation of any rule or regulation of the board.
B. Any person who violates any provision of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. When a person owns or operates a retail establishment where drug precursors are sold by an employee in violation of the provisions of this section, it is an affirmative defense to a prosecution of that owner or operator if he furnishes documentation that he provided the employee with a training program regarding state and federal laws and regulations regarding drug precursors; provided that, if the owner or operator knew or should have known of the employee's violation, the owner or operator shall also be in violation of the provisions of this section.
D. When drug precursors are sold by an employee of a retail establishment in violation of the provisions of this section, it is an affirmative defense to a prosecution of that employee that he did not receive training from his employer regarding state and federal laws and regulations regarding drug precursors.
History:
Laws 1989, ch. 177, § 12; 2004, ch. 9, § 5; 2004, ch. 12, § 5.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2004, in Subsection B, increased the penalty from a misdemeanor to a fourth degree felony and deleted the enhancement provisions for second and subsequent offenses; and added new Subsections C and D.
Laws 2004, ch. 9, § 5, effective July 1, 2004, enacted identical amendments to this section. The section was set out as enacted by Laws 2004, ch. 12, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31B - Drug Precursors › Section 30-31B-13 - Powers of enforcement personnel.

Any law enforcement officer:
A. serve search warrants, arrest warrants and administrative inspection warrants;
B. make arrests without a warrant for any offense under the Drug Precursor 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 Drug Precursor Act which may constitute a felony; and
C. make seizures of property pursuant to the Drug Precursor Act.
History:
Laws 1989, ch. 177, § 13.