Chapter 30, Article 31B NMSA 1978 may be cited as the “Drug Precursor Act”. History: Laws 1989, ch. 177, § 1.; 2004, ch. 9, § 1; 2004, ch. 12 § 1. ANNOTATIONS The 2004 amendment, effective July 1, 2004, substituted “Chapter 30, Article 31B NMSA 1978” for “sections 1 through 18 of this act”. Laws […]
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.
A licensed manufacturer or transferer may transfer drug precursors to a licensed manufacturer, licensed possessor or licensed transporter. History: Laws 1989, ch. 177, § 11.
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 […]
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 […]
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 […]
A. When authorized by an administrative inspection warrant issued pursuant to the Drug Precursor Act, a law enforcement officer or employee of the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter the controlled premises for the purpose of conducting an administrative inspection. B. When authorized […]
A. The district courts may exercise jurisdiction to restrain or enjoin violations of the Drug Precursor Act. B. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. History: Laws 1989, ch. 177, § 16.
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. […]
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: […]
As used in the Drug Precursor 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. “Agent” does not […]
Any substance, material, compound, mixture or preparation of the following substances or any of their salts or isomers are subject to regulation by the board and to the requirements of the Drug Precursor Act: A. 1-phenylcyclohexylamine; B. 1-piperidinocyclohexanecarbonitrile; C. ephedrine; D. psuedoephedrine; E. methylamine; F. methylformamide; G. phenylacetic acid; and H. phenylacetone. History: Laws 1989, […]
A. The board shall administer the Drug Precursor Act and by regulation may add substances to the list of drug precursors enumerated in Section 30-31B-3 NMSA 1978. The board shall promulgate regulations pursuant to the procedures of the Uniform Licensing Act [61-1-1 NMSA 1978]. B. In determining whether to add to the list of drug […]
The drug precursors listed in Section 3 [30-31B-3 NMSA 1978] of the Drug Precursor Act are included by whatever official, common, usual, chemical or trade name designated. History: Laws 1989, ch. 177, § 5.
A. The board may promulgate regulations and charge reasonable fees relating to the licensing and control of the manufacture, possession, transfer and transportation of drug precursors. The fees shall not be more than two hundred fifty dollars ($250) per license for a wholesaler’s license, a distributor’s license or a manufacturer’s license. The fees shall not […]
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 […]
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 […]
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 […]
