Chapter 30 — Chapter 30

Chapter 30, Article 31 NMSA 1978 may be cited as the "Controlled Substances Act". History: 1953 Comp., § 54-11-1, enacted by Laws 1972, ch. 84, § 1; 2005, ch. 280, § 1.

A. The following controlled substances are included in Schedule V: (1) any compound, mixture or preparation that contains the following limited quantities of any of the following narcotic drugs, and that also contains one or more nonnarcotic active medicinal ingredients in suffic…

The board may promulgate regulations and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances; provided, however, that in no case shall the fees exceed eighty dollars ($80.00) per year. If the boa…

A. A person who manufactures, distributes or dispenses a controlled substance or who proposes to engage in the manufacture, distribution or dispensing of a controlled substance shall obtain a registration issued by the board in accordance with its regulations. B. Persons register…

A. The board shall register an applicant to manufacture or distribute controlled substances unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following facto…

A. A registration under Section 30-31-13 NMSA 1978 to manufacture, distribute or dispense a controlled substance may be suspended or revoked upon a finding that the registrant: (1) has furnished false or fraudulent material information in any application filed with the board; (2)…

A. Before denying, suspending or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. The …

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 regula…

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 …

A. No controlled substance listed in Schedule II, which is a prescription drug as determined by the federal food and drug administration, may be dispensed without a written prescription of a practitioner, unless administered directly to an ultimate user. No prescription for a Sch…

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 on…

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. As used in the Controlled Substances Act, "traffic" means the: (1) manufacture of a controlled substance enumerated in Schedules I through V or a controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978; (2) distribution, sale, barter or giving away …

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 en…

prohibited. A. Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally distribute or possess with intent to distribute a controlled substance or a controlled substance analog except a substance enumerated in Schedule I or II that is a n…

A. It is unlawful for a person intentionally to possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice or except as otherwise authorized by the Controlled Sub…

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 con…

A. It is unlawful for any person: (1) who is a registrant to distribute a controlled substance classified in Schedules [Schedule] I or II, except pursuant to an order form as required by Section 30-31-17 NMSA 1978; (2) to intentionally use in the course of the manufacture or dist…

paraphernalia prohibited; exceptions. A. It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conc…

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 Sche…

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 pros…

A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the …

A. If any person who has not previously been convicted of violating the laws of any state or any laws of the United States relating to narcotic drugs, marijuana, hallucinogenic or depressant or stimulant substances, is found guilty of a violation of Section 23 [30-31-23 NMSA 1978…

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…

A. The board shall administer the Controlled Substances Act and may add by regulation substances to the list of substances enumerated in Schedules I through IV pursuant to the procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. In determining whether a substanc…

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 bel…

Issuance and execution of administrative inspection warrants shall be as follows: A. a magistrate, within his jurisdiction and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections and seizures of prope…

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 Subs…

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, enacte…

The following are subject to forfeiture pursuant to the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978]: A. all raw materials, products and equipment of any kind, including firearms that are used or intended for use in manufacturing, compounding, processing, d…

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 pursuant to the Controlled Substances Act. History: 1953 Comp., § 54-11-34, enacted by Laws 1972, ch. 84, § 34; 197…

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 t…

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 exempti…

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 governme…

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 indu…

The controlled substances listed or to be listed in Schedules I through V are included by whatever official, common, usual, chemical or trade name designated. History: 1953 Comp., § 54-11-4, enacted by Laws 1972, ch. 84, § 4.

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…

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 mi…

There are established five schedules of controlled substances to be known as Schedules I, II, III, IV and V. A. The board shall place a substance in Schedule I if it finds that the substance: (1) has a high potential for abuse; and (2) has no accepted medical use in treatment in …

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…

A. The following controlled substances are included in Schedule II: (1) any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of …

The following controlled substances are included in Schedule III: A. any material, compound, mixture or preparation containing limited quantities of any substance having a stimulant effect on the central nervous system which is controlled and listed in Schedule II; B. unless list…

The following controlled substances are included in Schedule IV: A. any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) barbital;…

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.

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.

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.

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 p…

Magistrate or metropolitan courts may issue administrative inspection warrants upon a showing of probable cause. History: Laws 1983, ch. 148, § 13.

The district courts may exercise jurisdiction to restrain or enjoin violations of the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 14.

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 us…