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. ANNOTATIONS The 2005 amendment, effective June 17, 2005, added the statutory reference to the act. Civil and criminal penalties. — The Double Jeopardy […]
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 […]
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 board determines to increase any fee, the board shall notify, in addition to any […]
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 registered by the board to manufacture, distribute, dispense or conduct research with controlled substances […]
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 factors: (1) maintenance of effective controls against diversion of controlled substances into other than legitimate […]
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) has been convicted of a felony under any state or federal law […]
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 order to show cause shall contain a statement of […]
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 regulations of the board. Inventories as required in the federal Comprehensive Drug Abuse Prevention and Control […]
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 compliance with this section. History: 1953 Comp., § 54-11-17, enacted by […]
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 Schedule II substance may be refilled. No person other than a practitioner […]
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 only for use by that laboratory for scientific and medical purposes. History: 1953 Comp., […]
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 […]
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 […]
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 enumerated in Schedule I, II, III or IV or a […]
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 […]
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. 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 controlled substance not authorized by his registration, or to intentionally distribute or dispense […]
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 […]
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 […]
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 Schedules I, II, III or IV but penalty provisions shall be the same […]
