HOUSE BILL 865

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

John A. Heaton

AN ACT

RELATING TO CONTROLLED SUBSTANCES; CLARIFYING UNLAWFUL CONDUCT IN THE DRUG PRECURSOR ACT; ADDING UNLAWFUL CONDUCT TO THE DRUG PRECURSOR ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 30-31B-12 NMSA 1978 (being Laws 1989, Chapter 177, Section 12, as amended by Laws 2004, Chapter 9, Section 5 and by Laws 2004, Chapter 12, Section 5) is amended to read:

     "30-31B-12. DRUG PRECURSORS--PROHIBITED ACTS--PENALTIES.--

          A. It is unlawful for [any] a 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] that is fictitious, revoked, suspended or issued to another person;

                (3) to intentionally acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception or subterfuge;

                (4) to intentionally furnish false or fraudulent material information in, or omit [any] material information from, [any] an application, report or other document required to be kept or filed under the Drug Precursor Act or [any] a record required to be kept by that act;

                (5) who is a licensee to intentionally manufacture a drug precursor not authorized by [his] the person's license or to intentionally transfer a drug precursor not authorized by [his] the person's license to another licensee or authorized person;

                (6) to intentionally refuse or fail to make, keep or furnish [any] a record, notification, order form, statement, invoice or information required under the Drug Precursor Act;

                (7) to intentionally refuse an entry into [any] a premises for [any] an inspection authorized by the Drug Precursor Act; [or]

                (8) except as provided in Subsection D of Section 30-31B-6 NMSA 1978, to manufacture, possess, transfer or transport a drug precursor without the appropriate license or in violation of [any] a rule or regulation of the board; or

                (9) to intentionally manufacture, possess, transfer or transport a drug precursor for the purpose of manufacturing a controlled substance or controlled substance analog in violation of the Controlled Substances Act. For the purpose of this paragraph, the manufacture, possession, transfer or transport of more than twenty-four grams of a drug precursor without the appropriate license issued pursuant to the Drug Precursor Act, or as authorized in Subsection D of Section 30-31B-6 NMSA 1978, shall constitute prima facie evidence of the intent to manufacture, possess, transfer or transport a drug precursor for the purpose of manufacturing a controlled substance or controlled substance analog in violation of the Controlled Substances Act.

          B. Any person who violates [any] a provision of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          C. When a person owns or operates a retail establishment where drug precursors are sold by an employee in violation of the provisions of this section, it is an affirmative defense to a prosecution of that owner or operator if [he] the owner or operator furnishes documentation that [he] the owner or operator provided the employee with a training program regarding state and federal laws and regulations regarding drug precursors; provided that, if the owner or operator knew or should have known of the employee's violation, the owner or operator shall also be in violation of the provisions of this section.

          D. When drug precursors are sold by an employee of a retail establishment in violation of the provisions of this section, it is an affirmative defense to a prosecution of that employee that [he] the employee did not receive training from [his] the employer regarding state and federal laws and regulations regarding drug precursors."

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