US Lawyer Database

Section 30-31-33 – Injunctions.

A. The district courts may exercise jurisdiction to restrain or enjoin violations of the Controlled Substances Act. B. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. History: 1953 Comp., § 54-11-32, enacted by Laws 1972, ch. 84, § 32. ANNOTATIONS Cross references. — […]

Section 30-31-34 – Forfeitures; property subject.

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, delivering, importing or exporting any controlled substance or controlled substance analog in […]

Section 30-31-35 – Forfeiture; procedure.

The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture and disposal pursuant to the Controlled Substances Act. History: 1953 Comp., § 54-11-34, enacted by Laws 1972, ch. 84, § 34; 1973, ch. 211, § 1; 1975, ch. 231, § 2; […]

Section 30-31-36 – Summary forfeiture.

A. Controlled substances listed in Schedule I or controlled substance analogs of substances listed in Schedule I that are possessed, transferred, sold or offered for sale in violation of the Controlled Substances Act are contraband and shall be seized and summarily forfeited to the state. B. Controlled substances listed in Schedule I or controlled substance […]

Section 30-31-37 – Burden of proof.

It is not necessary for the state to negate any exemption or exception in the Controlled Substances Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under the Controlled Substances Act. The burden of proof of any exemption or exception is upon the person claiming it. History: […]

Section 30-31-38 – Cooperative duties of board.

A. The board shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end it may: (1) arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; (2) cooperate in training […]

Section 30-31-39 – Education.

The board shall provide for educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs it may: A. promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry; B. assist the regulated industry in contributing to the reduction of misuse […]

Section 30-31-40 – Research; confidentiality.

A. The board shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of the Controlled Substances Act, it may register public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear […]

Section 30-31-27 – Bar to prosecution.

If a violation of the Controlled Substances Act is a violation of a federal law, the law of another state or the ordinance of a municipality, a conviction or acquittal under federal law, the law of another state or the ordinance of a municipality for the same act is a bar to prosecution. History: 1953 […]