Section 30-31B-17 – Summary forfeiture.
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 and shall be summarily forfeited to the state. […]
Section 30-31B-18 – Burden of proof.
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 exemption is upon the person claiming it. History: […]
Section 30-31B-7 – Licenses.
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 factors: (1) maintenance of effective controls against diversion of drug precursors into other […]
Section 30-31B-8 – Revocation and suspension of license.
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 application filed with the board; (2) been convicted of a felony […]
Section 30-31B-9 – Order to show cause.
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 show cause shall contain a […]
Section 30-31B-10 – Records of licensees.
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 accordance with regulations of the board. History: Laws 1989, ch. 177, § 10.
Section 30-31B-11 – Distribution by manufacturers.
A licensed manufacturer or transferer may transfer drug precursors to a licensed manufacturer, licensed possessor or licensed transporter. History: Laws 1989, ch. 177, § 11.
Section 30-31B-12 – Drug precursors; prohibited acts; penalties.
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) to intentionally acquire or obtain, or attempt to […]
Section 30-31B-13 – Powers of enforcement personnel.
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 arrested has committed or is committing a violation of the […]
Section 30-31B-14 – Administrative inspection warrants.
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 property authorized by the Drug Precursor Act. For purposes of the issuance of administrative inspection […]