New Mexico Drug Laws

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.   "hashish" means the resin extracted from any part of marijuana, whether growing or not, and every compound, manufacture, salt, derivative, mixture or preparation of such resins; 
M.   "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;
N.   "marijuana" means all parts of the plant cannabis, including any and all varieties, species and subspecies of the genus Cannabis, whether growing or not, the seeds thereof and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds.  It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination;
O.   "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;
P.   "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;
Q.   "person" means an individual, partnership, corporation, association, institution, political subdivision, government agency or other legal entity;
R.   "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;
S.   "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;
T.   "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;
U.   "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;
V.   "drug paraphernalia" means 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)   separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning and refining, marijuana;
(8)   blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or controlled substance analogs;
(9)   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;
(10)   containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs;
(11)   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;
(12)   objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine , hashish or hashish oil 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)   roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small to hold in the hand;
(f)   miniature cocaine spoons and cocaine vials; 
(g)   chamber pipes;
(h)   carburetor pipes;
(i)    electric pipes; 
(j)   air-driven pipes;
(k)   chilams;
(l)   bongs; or
(m)   ice pipes or chillers; and
(13)   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;
W.   "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 include the following:
(1)   phenethylamines;
(2)   N-substituted piperidines;
(3)   morphinans; 
(4)   ecgonines;
(5)   quinazolinones;
(6)   substituted indoles; and
(7)    arylcycloalkylamines.
Specifically excluded from the definition of "controlled substance analog" are 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; 
X.   "human consumption" includes application, injection, inhalation, ingestion or any other manner of introduction;
Y.   "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; and
Z.   "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.
30-31-5
Schedules; criteria
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 United States or lacks accepted safety for use in treatment under medical supervision.   
B.   The board shall place a substance in Schedule II if it finds that:   
(1)   the substance has a high potential for abuse;   
(2)   the substance has a currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and   
(3)   the abuse of the substance may lead to severe psychic or physical dependence.   
C.   The board shall place a substance in Schedule III if it finds that:   
(1)   the substance has a potential for abuse less than the substances listed in Schedules I and II;   
(2)   the substance has a currently accepted medical use in treatment in the United States; and   
(3)   abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.   
D.   The board shall place a substance in Schedule IV if it finds that:   
(1)   the substance has a low potential for abuse relative to the substances in Schedule III;   
(2)   the substance has a currently accepted medical use in treatment in the United States; and   
(3)   abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substance in Schedule III.   
E.   The board shall place a substance in Schedule V if it finds that:   
(1)   the substance has a currently accepted medical use in treatment in the United States; and   
(2)   abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule IV.
History: 1953 Comp., § 54-11-5, enacted by Laws 1972, ch. 84, § 5. 
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)   marijuana; 
(11)   mescaline; 
(12)   peyote, except as otherwise provided in the Controlled Substances Act; 
(13)   N-ethyl-3-piperidyl benzilate; 
(14)   N-methyl-3-piperidyl benzilate; 
(15)   psilocybin; 
(16)   psilocyn; 
(17)   tetrahydrocannabinols; 
(18)   hashish; 
(19)   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; 
(20)   3,4-methylenedioxymethcathinone; 
(21)   3,4-methylenedioxypyrovalerone; 
(22)   4-methylmethcathinone; 
(23)   4-methoxymethcathinone; 
(24)   3-fluoromethcathinone; and 
(25)   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 marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act [26-2A-1 NMSA 1978] or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978]; 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.
30-31-7
Schedule II
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 chemical synthesis, or by combination of extraction and chemical synthesis:
(a)   opium and opiate, and any salt, compound, derivative or preparation of opium or opiate;
(b)   any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in Subparagraph (a) of this paragraph, but not including the isoquinoline alkaloids of opium; 
(c)   opium poppy and poppy straw;
(d)   coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions that do not contain cocaine or ecgonine;
(e)   marijuana, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act [26-2A-1 NMSA 1978] or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1NMSA 1978]; and
(f)   tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act.
Marijuana, tetrahydrocannobinols or chemical derivatives of tetrahydrocannabinol shall be considered Schedule II controlled substances only for the purposes enumerated in the Controlled Substances Therapeutic Research Act or the Lynn and Erin Compassionate Use Act;
(2)   any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(a)   alphaprodine;
(b)   anileridine;
(c)   bezitramide;
(d)   dihydrocodeine;
(e)   diphenoxylate;
(f)   fentanyl;
(g)   hydromorphone;
(h)   isomethadone;
(i)   levomethorphan;
(j)   levorphanol;
(k)   meperidine;
(l)   metazocine;
(m)   methadone;
(n)   methadone--intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(o)   moramide--intermediate,  2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(p)   oxycodone;
(q)   pethidine;
(r)   pethidine--intermediate--A,  4-cyano-1-methyl-4-phenylpiperidine;
(s)   pethidine--intermediate--B,  ethyl-4-phenyl-piperidine-4-carboxylate;
(t)   pethidine--intermediate--C,  1-methyl-4-phenylpiperidine-4-carboxylic acid;
(u)   phenazocine;
(v)   piminodine;
(w)   racemethorphan; and
(x)   racemorphan;
(3)   unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: 
(a)   amphetamine, its salts, optical isomers and salts of its optical isomers;
(b)   phenmetrazine and its salts;
(c)   methamphetamine, its salts, isomers and salts of isomers; and
(d)   methylphenidate; and
(4)   controlled substances added to Schedule II by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978.
B.   Where methadone is prescribed, administered or dispensed by a practitioner of a drug abuse rehabilitation program while acting in the course of the practitioner's professional practice, or otherwise lawfully obtained or possessed by a person, such person shall not possess such methadone beyond the date stamped or typed on the label of the container of the methadone, nor shall any person possess methadone except in the container in which it was originally administered or dispensed to such person, and such container shall include a label showing the name of the prescribing physician or practitioner, the identity of methadone, the name of the ultimate user, the date when the methadone is to be administered to or used or consumed by the named ultimate user shown on the label and a warning on the label of the methadone container that the ultimate user must use, consume or administer to the ultimate user the methadone in such container.  Any person who violates this subsection is guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, or by a fine of up to five thousand dollars ($5,000), or both.
History: 1953 Comp., § 54-11-7, enacted by Laws 1972, ch. 84, § 7; 1978, ch. 22, § 9; 1979, ch. 112, § 1; 2005, ch. 280, § 3; 2007, ch. 210, § 9.
30-31-8
Schedule III
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 listed in another schedule, 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)   any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in another schedule;
(2)   chlorhexadol;
(3)   glutethimide;
(4)   lysergic acid;
(5)   lysergic acid amide;
(6)   methyprylon;
(7)   phencyclidine;
(8)   sulfondiethylmethane;
(9)   sulfonethylmethane; or
(10)   sulfonmethane;
C.   nalorphine;
D.   any material, compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(1)   not more than one and eight-tenths grams of codeine, or any of its salts, per one hundred milliliters or not more than ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2)   not more than one and eight-tenths grams of codeine, or any of its salts, per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
(3)   not more than three hundred milligrams of dihydrocodeinone, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4)   not more than three hundred milligrams of dihydrocodeinone, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
(5)   not more than one and eight-tenths grams of dihydrocodeine, or any of its salts, per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
(6)   not more than three hundred milligrams of ethylmorphine, or any of its salts, per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;
(7)   not more than five hundred milligrams of opium per one hundred milliliters or per one hundred grams, or not more than twenty-five milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; or
(8)   not more than fifty milligrams of morphine, or any of its salts, per one hundred milliliters or per one hundred grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
E.   controlled substances added to Schedule III by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978; and
F.   the board may exempt by regulation any compound, mixture or preparation containing any stimulant or depressant substance listed in Subsections A and B of this section from the application of any part of the Controlled Substances Act if the compound, mixture or preparation contains any active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
History: 1953 Comp., § 54-11-8, enacted by Laws 1972, ch. 84, § 8; 2005, ch. 280, § 4.
30-31-9
Schedule IV
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;
(2)   chloral betaine;
(3)   chloral hydrate;
(4)   ethchlorvynol;
(5)   ethinamate;
(6)   methohexital;
(7)   meprobamate;
(8)   methylphenobarbital;
(9)   paraldehyde;
(10)   petrichloral; or
(11)   phenobarbital;
B.   controlled substances added to Schedule IV by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978; and
C.   the board may exempt by regulation any compound, mixture or preparation containing any depressant substance listed in Subsection A of this section from the application of all or any part of the Controlled Substances Act if the compound, mixture or preparation contains any active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
History: 1953 Comp., § 54-11-9, enacted by Laws 1972, ch. 84, § 9; 2005, ch. 280, § 5.
30-31-10
Schedule V
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 sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: 
(a)   not more than two hundred milligrams of codeine, or any of its salts, per one hundred milliliters or per one hundred grams; 
(b)   not more than one hundred milligrams of dihydrocodeine, or any of its salts, per one hundred milliliters or per one hundred grams; 
(c)   not more than one hundred milligrams of ethylmorphine, or any of its salts, per one hundred milliliters or per one hundred grams; 
(d)   not more than two and five-tenths milligrams of diphenoxylate and not less than twenty-five micrograms of atropine sulfate per dosage unit; or 
(e)   not more than one hundred milligrams of opium per one hundred milliliters or per one hundred grams; and 
(2)   any compound, mixture or preparation that contains any detectable quantity of pseudoephedrine, its salts or its optical isomers, or salts of its optical isomers.  A compound, mixture or preparation as specified in this paragraph shall be dispensed, sold or distributed only by a licensed pharmacist or pharmacist intern or a registered pharmacy technician.  Unless pursuant to a valid prescription, a person purchasing, receiving or otherwise acquiring the compound, mixture or preparation shall: 
(a)   produce a driver's license or other government-issued photo identification showing the date of birth of the person; 
(b)   sign a written log, receipt or other program or mechanism indicating the date of the transaction, name of the person, driver's license number or government-issued identification number, name of the pharmacist, pharmacist intern or pharmacy technician conducting the transaction, the product sold and the total quantity, in grams or milligrams, of pseudoephedrine purchased; and 
(c)   be limited to no more than nine grams of any product, mixture or preparation within a thirty-day period. 
B.   The board may by regulation exempt any compound, mixture or preparation containing any depressant or stimulant substance enumerated in Schedules III, IV or V from the application of the Controlled Substances Act if: 
(1)   the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system; and 
(2)   such ingredients are included in such combinations, quantity, proportion or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the nervous system. 
C.   The board may, by rule, exempt a product containing pseudoephedrine from Schedule V if the board determines that the product is formulated as to effectively prevent the conversion of pseudoephedrine into methamphetamine. 
D.   The board shall monitor prices charged for compounds, mixtures and preparations that contain pseudoephedrine and may adopt rules to prevent unwarranted price increases as a result of compliance with this section.
History: 1953 Comp., § 54-11-10, enacted by Laws 1972, ch. 84, § 10; 2006, ch. 16, § 2.
30-31-20
Trafficking controlled substances; violation
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 of: 
(a)   a controlled substance enumerated in Schedule I or II that is a narcotic drug; 
(b)   a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or 
(c)   methamphetamine, its salts, isomers and salts of isomers; or 
(3)   possession with intent to distribute: 
(a)   a controlled substance enumerated in Schedule I or II that is a narcotic drug; 
(b)   controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or 
(c)   methamphetamine, its salts, isomers and salts of isomers. 
B.   Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally traffic.  A person who violates this subsection 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. 
C.   A person who knowingly violates Subsection B of this section within a drug-free school zone excluding private property residentially zoned or used primarily as a residence is guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section31-18-15 NMSA 1978.
History: 1953 Comp., § 54-11-20, enacted by Laws 1972, ch. 84, § 20; 1974, ch. 9, § 1; 1980, ch. 23, § 1; 1987, ch. 68, § 2; 1990, ch. 19, § 3; 2006, ch. 17, § 2.
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.   marijuana is:   
(1)   for the first offense, guilty of a third 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 second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and   
B.   any other controlled substance enumerated in Schedules [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. 
30-31-22
Controlled or counterfeit substances; distribution 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 narcotic drug, a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug or methamphetamine, its salts, isomers and salts of isomers.  A person who violates this subsection with respect to: 
(1)   marijuana or synthetic cannabinoids is: 
(a)   for the first offense, guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(b)   for the second and subsequent offenses, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(c)   for the first offense, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a third degree felony and shall be sentenced pursuant to the provisions of  Section 31-18-15 NMSA 1978; and 
(d)   for the second and subsequent offenses, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(2)   any other controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a controlled substance enumerated in Schedule I, II, III or IV except a substance enumerated in Schedule I or II that is a narcotic drug, a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug or methamphetamine, its salts, isomers and salts of isomers, is: 
(a)   for the first offense, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and 
(b)   for the second and subsequent offenses, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and 
(3)   a controlled substance enumerated in Schedule V or a controlled substance analog of a controlled substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both. 
B.   It is unlawful for a person to distribute gamma hydroxybutyric acid or flunitrazepam to another person without that person's knowledge and with intent to commit a crime against that person, including criminal sexual penetration.  For the purposes of this subsection, "without that person's knowledge" means the person is unaware that a substance with the ability to alter that person's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is being distributed to that person.  Any person who violates this subsection is: 
(1)   for the first offense, guilty of a third 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 second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. 
C.   Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally create or deliver, or possess with intent to deliver, a counterfeit substance.  A person who violates this subsection with respect to: 
(1)   a counterfeit substance enumerated in Schedule I, II, III or IV is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15NMSA 1978; and 
(2)   a counterfeit substance enumerated in Schedule V is guilty of a petty misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for a definite term not to exceed six months, or both. 
D.   A person who knowingly violates Subsection A or C of this section while within a drug free school zone with respect to: 
(1)   marijuana or synthetic cannabinoids is: 
(a)   for the first offense, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(b)   for the second and subsequent offenses, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(c)   for the first offense, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a second degree felony and shall be sentenced pursuant to the provisions of  Section 31-18-15 NMSA 1978; and 
(d)   for the second and subsequent offenses, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(2)   any other controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a controlled substance enumerated in Schedule I, II, III or IV except a substance enumerated in Schedule I or II that is a narcotic drug, a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug or methamphetamine, its salts, isomers and salts of isomers, is: 
(a)   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 
(b)   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; 
(3)   a controlled substance enumerated in Schedule V or a controlled substance analog of a controlled substance enumerated in Schedule V is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and 
(4)   the intentional creation, delivery or possession with the intent to deliver: 
(a)   a counterfeit substance enumerated in Schedule I, II, III or IV is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15NMSA 1978; and 
(b)   a counterfeit substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both. 
E.   Notwithstanding the provisions of Subsection A of this section, distribution of a small amount of marijuana or synthetic cannabinoids for no remuneration shall be treated as provided in Paragraph (1) of Subsection B of Section 30-31-23 NMSA 1978.
History: 1953 Comp., § 54-11-22, enacted by Laws 1972, ch. 84, § 22; 1974, ch. 9, § 3; 1977, ch. 183, § 1; 1980, ch. 23, § 3; 1987, ch. 68, § 4; 1990, ch. 19, § 4; 2005, ch. 280, § 6; 2006, ch. 17, § 3; 2011, ch. 16, § 2.
30-31-23
Controlled substances; possession prohibited
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 Substances Act.  It is unlawful for a person intentionally to possess a controlled substance analog. 
B.   A person who violates this section with respect to: 
(1)   one ounce or less of marijuana or synthetic cannabinoids is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for the second and subsequent offenses, guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both; 
(2)   more than one ounce and less than eight ounces of marijuana or synthetic cannabinoids is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both; or 
(3)   eight ounces or more of marijuana or synthetic cannabinoids is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15NMSA 1978. 
C.   A minor who violates this section with respect to the substances listed in this subsection is guilty of a petty misdemeanor and, notwithstanding the provisions of Sections32A-1-5 and 32A-2-19 NMSA 1978, shall be punished by a fine not to exceed one hundred dollars ($100) or forty-eight hours of community service.  For the third or subsequent violation by a minor of this section with respect to those substances, the provisions of Section 32A-2-19 NMSA 1978 shall govern punishment of the minor.  As used in this subsection, "minor" means a person who is less than eighteen years of age.  The provisions of this subsection apply to the following substances: 
(1)   synthetic cannabinoids; 
(2)   any of the substances listed in Paragraphs (20) through (25) of Subsection C of Section 30-31-6 NMSA 1978; or 
(3)   a substance added to Schedule I by a rule of the board adopted on or after the effective date of this 2011 act if the board determines that the pharmacological effect of the substance, the risk to the public health by abuse of the substance and the potential of the substance to produce psychic or physiological dependence liability is similar to the substances described in Paragraph (1) or (2) of this subsection. 
D.   Except for those substances listed in Subsection E of this section, a person who violates this section with respect to any amount of any controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both. 
E.   A person who violates this section with respect to phencyclidine as enumerated in Schedule III or a controlled substance analog of phencyclidine; methamphetamine, its salts, isomers or salts of isomers as enumerated in Schedule II or a controlled substance analog of methamphetamine, its salts, isomers or salts of isomers; flunitrazepam, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of flunitrazepam, including naturally occurring metabolites, its salts, isomers or salts of isomers; gamma hydroxybutyric acid and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma hydroxybutyric acid, its salts, isomers or salts of isomers; gamma butyrolactone and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma butyrolactone, its salts, isomers or salts of isomers; 1-4 butane diol and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of 1-4 butane diol, its salts, isomers or salts of isomers; or a narcotic drug enumerated in Schedule I or II or a controlled substance analog of a narcotic drug enumerated in Schedule I or II is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15NMSA 1978. 
F.   Except for a minor as defined in Subsection C of this section, a person who violates Subsection A of this section while within a posted drug-free school zone, excluding private property residentially zoned or used primarily as a residence and excluding a person in or on a motor vehicle in transit through the posted drug-free school zone, with respect to: 
(1)   one ounce or less of marijuana or synthetic cannabinoids is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both, and for the second or subsequent offense, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15NMSA 1978; 
(2)   more than one ounce and less than eight ounces of marijuana or synthetic cannabinoids is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; 
(3)   eight ounces or more of marijuana or synthetic cannabinoids is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15NMSA 1978; 
(4)   any amount of any other controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV, except phencyclidine as enumerated in Schedule III, a narcotic drug enumerated in Schedule I or II or a controlled substance analog of a narcotic drug enumerated in Schedule I or II, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and 
(5)   phencyclidine as enumerated in Schedule III, a narcotic drug enumerated in Schedule I or II, a controlled substance analog of phencyclidine or a controlled substance analog of a narcotic drug enumerated in Schedule I or II is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1953 Comp., § 54-11-23, enacted by Laws 1972, ch. 84, § 23; 1974, ch. 9, § 4; 1980, ch. 23, § 4; 1983, ch. 183, § 1; 1987, ch. 68, § 5; 1989, ch. 123, § 1; 1990, ch. 19, § 5; 1990, ch. 33, § 1; 2005, ch. 280, § 7; 2011, ch. 16, § 3.
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 30-31-18NMSA 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 [30-31-1 NMSA 1978]; or   
(4)   to intentionally refuse an entry into any premises for any inspection authorized by the Controlled Substances Act [30-31-1 NMSA 1978]. 
 
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. 
30-31-25
Controlled substances; prohibited acts
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 distribution of a controlled substance a registration 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 controlled substance 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 Controlled Substances Act [30-31-1 NMSA 1978], or any record required to be kept by that act; or   
(5)   to intentionally make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing, upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
 
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., § 54-11-25, enacted by Laws 1972, ch. 84, § 25; 1974, ch. 9, § 6; 1979, ch. 122, § 1; 1980, ch. 23, § 6. 
30-31-25.1
Possession, delivery or manufacture of drug 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, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act. The provisions of this subsection do not apply to a person who is in possession of hypodermic syringes or needles at the time he is directly and immediately engaged in a harm reduction program, as provided in the Harm Reduction Act [24-2C-1NMSA 1978].   
B.   It is unlawful for a person to deliver, possess with intent to deliver or manufacture with the intent to deliver drug paraphernalia with knowledge, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Controlled Substances Act. The provisions of this subsection do not apply to:   
(1)   department of health employees or their designees while they are directly and immediately engaged in activities related to the harm reduction program authorized by the Harm Reduction Act; or   
(2)   the sale or distribution of hypodermic syringes and needles by pharmacists licensed pursuant to the Pharmacy Act [61-11-1 NMSA 1978]   
C.   A person who violates this section with respect to Subsection A of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or by imprisonment for a definite term less than one year, or both. A person who violates this section with respect to Subsection B of this section is guilty of a misdemeanor.
D.   A person eighteen years of age or over who violates the provisions of Subsection B of this section by delivering drug paraphernalia to a person under eighteen years of age and who is at least three years his junior is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1978 Comp., § 30-31-25.1, enacted by Laws 1981, ch. 31, § 2; 1997, ch. 256, § 7; 2001, ch. 189, § 1. 
30-31-26
Penalties under other laws
A.   Any penalty imposed for violation of the Controlled Substances Act [30-31-1 NMSA 1978] 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. 
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. 
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 ofSection 31-18-15 NMSA 1978.
History: Laws 1983, ch. 148, § 5. 
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. 
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. 
30-31A-8
Defenses
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.