2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-6 - Schedule I.

The following controlled substances are included in Schedule I:
A. any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically exempted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol;
(4) alphameprodine;
(5) alphamethadol;
(6) benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) dextrorphan;
(14) diampromide;
(15) diethylthiambutene;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethylthiambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) morpheridine;
(30) noracymethadol;
(31) norlevorphanol;
(32) normethadone;
(33) norpipanone;
(34) phenadoxone;
(35) phenampromide;
(36) phenomorphan;
(37) phenoperidine;
(38) piritramide;
(39) proheptazine;
(40) properidine;
(41) racemoramide; and
(42) trimeperidine;
B. any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-N-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) etorphine;
(10) heroin;
(11) hydromorphinol;
(12) methyldesorphine;
(13) methyldihydromorphine;
(14) morphine methylbromide;
(15) morphine methylsulfonate;
(16) morphine-N-oxide;
(17) myrophine;
(18) nicocodeine;
(19) nicomorphine;
(20) normorphine;
(21) pholcodine; and
(22) thebacon;
C. any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) 3,4-methylenedioxy amphetamine;
(2) 5-methoxy-3,4-methylenedioxy amphetamine;
(3) 3,4,5-trimethoxy amphetamine;
(4) bufotenine;
(5) diethyltryptamine;
(6) dimethyltryptamine;
(7) 4-methyl-2,5-dimethoxy amphetamine;
(8) ibogaine;
(9) lysergic acid diethylamide;
(10) mescaline;
(11) peyote, except as otherwise provided in the Controlled Substances Act;
(12) N-ethyl-3-piperidyl benzilate;
(13) N-methyl-3-piperidyl benzilate;
(14) psilocybin;
(15) psilocyn;
(16) synthetic cannabinoids, including:
(a) 1-[2-(4-(morpholinyl)ethyl]-3-(1-naphthoyl)indole;
(b) 1-butyl-3-(1-napthoyl)indole;
(c) 1-hexyl-3-(1-naphthoyl)indole;
(d) 1-pentyl-3-(1-naphthoyl)indole;
(e) 1-pentyl-3-(2-methoxyphenylacetyl) indole;
(f) cannabicyclohexanol (CP 47, 497 and homologues: 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
(g) 6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c]chromen-1-ol);
(h) dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
(i) 1-pentyl-3-(4-chloro naphthoyl) indole;
(j) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone; and
(k) 5-(1,1-dimethylheptyl)-2-(3-hydroxy cyclohexyl)-phenol;
(17) 3,4-methylenedioxymethcathinone;
(18) 3,4-methylenedioxypyrovalerone;
(19) 4-methylmethcathinone;
(20) 4-methoxymethcathinone;
(21) 3-fluoromethcathinone; and
(22) 4-fluoromethcathinone;
D. the enumeration of peyote as a controlled substance does not apply to the use of peyote in bona fide religious ceremonies by a bona fide religious organization, and members of the organization so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the organization or its members shall comply with the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 and all other requirements of law;
E. the enumeration of Schedule I controlled substances does not apply to:
(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;
(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;
(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act [Chapter 76, Article 24 NMSA 1978], by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment; or
(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment; and
F. controlled substances added to Schedule I by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978.
History:
1953 Comp., § 54-11-6, enacted by Laws 1972, ch. 84, § 6; 1978, ch. 22, § 8; 2005, ch. 280, § 2; 2007, ch. 210, § 8; 2011, ch. 16, § 1; 2017, ch. 139, § 2; 2017, ch. 140, § 3; 2018, ch. 41, § 1; 2019, ch. 116, § 10; 2021 (1st S.S.), ch. 4, § 64.
ANNOTATIONS
Cross references.
— For the Comprehensive Drug Abuse Prevention and Control Act of 1970,
see
21 U.S.C. § 801 et seq.
Compiler's notes.
— Laws 2018, ch. 41, § 2 provided that if acts making amendments to Section 30-31-6 NMSA 1978 are enacted by the first and second sessions of the fifty-third legislature, the provisions of those acts shall be reconciled and compiled in accordance with the provisions of Section 12-1-8 NMSA 1978, notwithstanding that the amendments were not made in the same session of the legislature. This section includes language enacted by Laws 2017, ch. 139, § 2 and Laws 2017, ch. 140, § 3, which were given force of law by the New Mexico Supreme Court in State of ex rel. New Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of New Mexico et al., S.Ct. Order No. S-1-SC-36731, which held that Article IV, Section 22 of the New Mexico Constitution requires that objections must accompany a returned bill, and has been reconciled with Laws 2018, ch. 41, § 1 pursuant to Laws 2018, ch. 41, § 2.
The 2021
(1st S.S.)
amendment,
effective June 29, 2021, removed "marijuana", "tetrahydrocannabinols" and "hashish" from the list of Schedule I controlled substances, and made conforming amendments; in Subsection C, deleted Paragraph C(10) and redesignated former Paragraphs C(11) through C(16) as Paragraphs C(10) through C(15), respectively, deleted former Paragraphs C(17) and C(18) and redesignated former Paragraphs C(19) through C(25) as Paragraphs C(16) through C(22), respectively; and in Subsection E, after "the enumeration of", deleted "marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as", and deleted former Paragraphs E(5) and E(6), which related to the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols and the use, dispensing and prescribing of prescription drugs that contain marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols.
The 2019 amendment,
effective July 1, 2019, exempted hemp from the list of Schedule I controlled substances; in Subsection E, Paragraph E(1), deleted "industrial", after "hemp by", deleted "qualified entities" and added "persons", and after "pursuant to rules", deleted "adopted by" and added "promulgated by the board of regents of New Mexico state university on behalf of", and added new Paragraphs E(3) and E(4) and redesignated former Paragraphs E(3) and E(4) as Paragraphs E(5) and E(6), respectively.
The 2018 amendment,
effective July 25, 2018, exempted the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol from the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances; and in Subsection E, added Paragraph E(4).
Laws 2018, ch. 41, § 3 provided that the effective date of the provisions of Laws 2018, ch. 41, § 1 is thirty days following the date that the board of pharmacy certifies to the New Mexico compilation commission and the director of the legislative council service that the United States food and drug administration has approved one or more drugs containing a marijuana derivative.
On June 26, 2018, the board of pharmacy certified to the New Mexico compilation commission and the director of the legislative council service that on June 25, 2018, the United States food and drug administration approved one or more drugs containing a marijuana derivative. Pursuant to Laws 2018, ch. 41, § 3, the effective date of Laws 2018, ch. 41, §§ 1 and 2 is July 25, 2018.
2017 Amendments.
— Laws 2017, ch. 140, § 3, effective June 16, 2017, specified that the enumeration of marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to cultivation of industrial hemp by qualified entities pursuant to rules adopted by the New Mexico department of agriculture; and added Paragraph E(1) and designated the remaining language of Subsection E as Paragraph E(2).
Laws 2017, ch. 139, § 2, effective June 16, 2017, specified that the enumeration of marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to industrial hemp, pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture; and added Paragraph E(1) and designated the remaining language of Subsection E as Paragraph E(2).
The 2011 amendment,
effective March 31, 2011, in Paragraphs (19) through (25) of Subsection C, added synthetic cannabinoids and other synthetic drugs to the list of Schedule I controlled substances.
The 2007 amendment,
effective July 1, 2007, amended Subsection E to exclude from Schedule I marijuana that is used by qualified patients pursuant to the Lynn and Erin Compassionate Use Act.
The 2005 amendment,
effective June 17, 2005, added Subsection F to provide that the board may by rule add controlled substances to Schedule I.
Sufficient evidence that chemicals were synthetic cannabinoids.
— Where defendant was convicted of trafficking methamphetamine and distribution of synthetic cannabinoids based on evidence that an accomplice, at the direction of defendant, delivered methamphetamine and the chemicals PB-22 and 5F-PB22 hidden in deodorant sticks to an inmate confined in the Curry county detention center, and where defendant claimed that the state failed to prove that the substances were synthetic cannabinoids because the particular chemicals were not listed as controlled substances under the New Mexico Controlled Substances Act (CSA), there was sufficient evidence to establish beyond a reasonable doubt that the chemicals collected from the deodorant sticks were "synthetic cannabinoids" within the meaning of this section where the state presented testimony from an expert in forensic chemistry that the chemicals PB-22 and 5F-PB22 are categorized as synthetic cannabinoids because while completely synthetic, the chemicals mimic the effects of cannabis.
State v. Salazar
, 2018-NMCA-030, cert. denied.
Insufficient evidence that substance was synthetic cannabinoid.
— Where defendant was arrested and charged with a single count of possession of synthetic cannabinoids, and where defendant claimed that there was insufficient evidence to support his conviction because the state failed to meet its burden of proving that the substance in his possession was a synthetic cannabinoid, there was insufficient evidence to support defendant's conviction where the state failed to introduce evidence that scientific testing was ever done to determine what chemicals were present in or applied to the substance found in defendant's possession, and therefore could not prove that the substance contained a chemical that falls either into one of the classes of chemicals listed in a statute or regulation or within the neurochemical definition of synthetic cannabinoid.
State v. Arias
, 2018-NMCA-057.
Law reviews.
— For discussion of Indian law concerning peyote's use for religious purposes, see 18 N.M.L. Rev. 403 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Competency of drug addict or user to identify suspect material as narcotic or controlled substance, 95 A.L.R.3d 978.