Chapter 30 — Chapter 30

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 co…

The board shall administer the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 3.

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…

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 Se…

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.

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…

In any prosecution for unlawful delivery of an imitation controlled substance, it is no defense that the defendant believed the imitation controlled substance to be a controlled substance. History: Laws 1983, ch. 148, § 8.

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 u…

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.

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 accorda…

A licensed manufacturer or transferer may transfer drug precursors to a licensed manufacturer, licensed possessor or licensed transporter. History: Laws 1989, ch. 177, § 11.

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) …

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 ar…

A. Issuance and execution of administrative inspection warrants shall be as follows: (1) 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 p…

A. When authorized by an administrative inspection warrant issued pursuant to the Drug Precursor Act, a law enforcement officer or employee of the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter the controlled pr…

A. The district courts may exercise jurisdiction to restrain or enjoin violations of the Drug Precursor Act. B. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. History: Laws 1989, ch. 177, § 16.

A. Drug precursors that are manufactured in violation of the Drug Precursor Act are contraband and shall be seized and summarily forfeited to the state. B. Drug precursors which are seized or come into the possession of the state, the owners of which are unknown, are contraband a…

It is not necessary for the state to negate any exemption or exception in the Drug Precursor Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under the Drug Precursor Act. The burden of proof of any exception or exemptio…

As used in the Drug Precursor 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 manu…

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. …

A. The board shall administer the Drug Precursor Act and by regulation may add substances to the list of drug precursors enumerated in Section 30-31B-3 NMSA 1978. The board shall promulgate regulations pursuant to the procedures of the Uniform Licensing Act [61-1-1 NMSA 1978]. B.…

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.

A. The board may promulgate regulations and charge reasonable fees relating to the licensing and control of the manufacture, possession, transfer and transportation of drug precursors. The fees shall not be more than two hundred fifty dollars ($250) per license for a wholesaler's…

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…

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 applicatio…

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 …

A. As used in this section, "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other inflammable vegetation. B. A person who willfully or recklessly sets a forest fire or causes a forest fire to be set for which ef…

History: Laws 1921, ch. 33, § 5; C.S. 1929, § 35-1410; 1941 Comp., § 41-1805; 1953 Comp., § 40-18-5; Laws 1959, ch. 123, § 1; 1977, ch. 254, § 44; repealed by Laws 2007, ch. 332, § 3.

All peace officers of the state, including department of game and fish conservation officers, have the power to make arrests on warrant issued by any magistrate of the state for violation of any of the state forest fire laws, including Chapter 68, Article 2 NMSA 1978, rules imple…

If a person sets on fire any woods, marshes or prairies, whether the person's own or not, so as thereby to occasion damage to another person or that person's property, the person shall make satisfaction in double damages to the party injured to be recovered by civil action, unles…

It is unlawful to barter, trade, sell or offer for sale or trade any article represented as produced by an Indian unless the article is produced, designed or created by the labor or workmanship of an Indian. History: Laws 1929, ch. 33, § 1; C.S. 1929, § 35-1925; 1941 Comp., § 41-…

Any person who suffers financial injury or damages by reason of any conduct declared in violation of the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] may sue in district court. Upon a showing that that act is being violated, the court may awa…

The attorney general and the New Mexico office of Indian affairs [Indian affairs department] are authorized jointly to promulgate necessary regulations, pursuant to the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978], to further the purpose and implement the provision…

defraud; definitions. For the purposes of Sections 30-33-12 through 30-33-14 NMSA 1978: A. "credit card" means an identification card or plate issued to a person, firm or corporation by any person, firm or corporation engaged in the furnishing of telecommunications service, which…

telecommunications service without paying charge; crime to make, possess, sell, give or transfer certain devices for certain purposes; penalty. A. It is unlawful for a person, with intent to defraud a person, firm or corporation, to obtain or to attempt to obtain any telecommunic…

Venue is in the county in this state where the telecommunication service giving rise to the prosecution was solicited or initiated, or attempted to be solicited or initiated, or where the service was received or was attempted to be received, or was billable in the normal course o…

ANNOTATIONS Repeals. — Laws 1991, ch. 90, § 12 repealed 30-33-2 NMSA 1978, as enacted by Laws 1929, ch. 33, § 2, relating to penalty for falsely selling American Indian items as genuine, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSou…

Sections 30-33-1 through 30-33-11 NMSA 1978 may be cited as the "Indian Arts and Crafts Sales Act". History: 1953 Comp., § 40-21-25.1, enacted by Laws 1973, ch. 163, § 1; 1975, ch. 261, § 1; 1991, ch. 90, § 2.

As used in the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978]: A. "Indian tribe" means: (1) any tribe, band, nation, Alaska native village or other organized group or community that is eligible for the special programs and services provided by the United States …

The purpose of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] is to protect the public and the Indian craftsman under the police powers of the state from false representation in the sale, trade, purchase or offering for sale of Indian arts and crafts. Histor…

authentic Indian arts and crafts. A. It is the duty of every person selling or offering for sale a product that is represented to be authentic Indian arts or crafts to make due inquiry of his suppliers concerning the true nature of the materials, product design and process of man…

It is unlawful for any person to: A. sell or offer for sale any products represented to be Indian handmade or authentic Indian arts and crafts unless such products are in fact Indian handmade or authentic Indian arts and crafts; B. sell or offer for sale any products represented …

The attorney general or a district attorney with jurisdiction over a matter shall enforce the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978]. The New Mexico office of Indian affairs [Indian affairs department] and an authorized tribal prosecuto…

A. In an action brought by the attorney general or a district attorney for a violation under the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978], the district court may order temporary or permanent injunctive relief. The district court shall ord…

This act [30-33A-1 to 30-33A-5 NMSA 1978] may be cited as the "Telecommunications Service Theft Act". History: Laws 1997, ch. 50, § 1.

As used in the Telecommunications Service Theft Act: A. "provider" means a person that offers telecommunications service for lawful compensation; and B. "telecommunications service" means any audio, video, data or programming offered for a fee or other consideration to facilitate…

A. It is unlawful for any person to: (1) obtain or attempt to obtain telecommunications service by trick, artifice, deception, use of an illegal device or decoder or other fraudulent means without authorization of the provider; (2) assist or instruct any person to obtain or attem…

A. It is unlawful for any person to: (1) own or possess any device, including a printed circuit board, designed to receive or permit reception of any telecommunications service, regardless of whether that service is encoded, filtered, scrambled or otherwise made unintelligible, w…

A. A person damaged by a violation of Section 3 or 4 [30-33A-3 or 30-33A-4 NMSA 1978] of the Telecommunications Service Theft Act may be granted an injunction under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of revenu…

call.] It is unlawful for any person: A. wilfully [willfully] to refuse to yield, or wilfully [willfully] to impede, the use of a telephone party line in time of emergency, by which he is not affected and of which he has been apprised, when he has been requested so to yield; or B…