This act [30-31A-1 to 30-31A-15 NMSA 1978] may be cited as the “Imitation Controlled Substances Act”. History: Laws 1983, ch. 148, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — Federal criminal liability of narcotics conspirator for different substantive crime of other conspirator, 77 A.L.R. Fed. 661.
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 under the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 10; 2002, ch. 4, § 16. ANNOTATIONS Cross references. — For Rules of Civil Procedure for the […]
Imitation controlled substances that are possessed, transferred, sold or offered for sale in violation of the Imitation Controlled Substances Act are contraband and shall be seized and summarily forfeited to the state. History: Laws 1983, ch. 148, § 11.
Any officer or employee designated by the board or other law enforcement officer may: A. serve search warrants, arrest warrants and administrative inspection warrants; B. make arrests without warrant for any offense under the Imitation Controlled Substances Act committed in his presence or if he has probable cause to believe that the person to be […]
Magistrate or metropolitan courts may issue administrative inspection warrants upon a showing of probable cause. History: Laws 1983, ch. 148, § 13.
The district courts may exercise jurisdiction to restrain or enjoin violations of the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 14.
No civil or criminal liability shall be imposed by virtue of the Imitation Controlled Substances Act on any person registered under the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] who manufactures, distributes or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice […]
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 controlled substance; D. “imitation controlled substance” means a substance […]
The board shall administer the Imitation Controlled Substances Act. History: Laws 1983, ch. 148, § 3.
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, […]
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 Section 31-18-15 NMSA 1978. History: Laws 1983, […]
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. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of state statute regulating […]
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 […]
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 used or intended for use as a container for property described in […]
