FIFTIETH LEGISLATURE

FIRST SESSION

February 22, 2011

SENATE FLOOR AMENDMENT number ___1__ to SENATE BILL 134, as amended

Amendment sponsored by Senator Michael S. Sanchez

    1. Strike Senate Judiciary Committee Amendment 5.

    2. On page 14, between lines 1 and 2, insert the following new

subsection:

         "C. A minor who violates this section with respect to the

substances listed in this subsection is guilty of a petty misdemeanor and, notwithstanding the provisions of Sections 32A-1-5

and 32A-2-19 NMSA 1978, shall be punished by a fine not to exceed

one hundred dollars ($100) or forty-eight hours of community

service. For the third or subsequent violation by a minor of this

section with respect to those substances, the provisions of Section

32A-2-19 NMSA 1978 shall govern punishment of the minor. As used in

this subsection, "minor" means a person who is less than eighteen

years of age. The provisions of this subsection apply to the following substances:

             (1) synthetic cannabinoids;

             (2) any of the substances listed in Paragraphs

(20) through (25) of Subsection C of Section 30-31-6 NMSA 1978; or

             (3) a substance added to Schedule I by a rule of the

board adopted on or after the effective date of this 2011 act if the

board determines that the pharmacological effect of the substance,

the risk to the public health by abuse of the substance and the

potential of the substance to produce psychic or physiological

dependence liability is similar to the substances described in

Paragraph (1) or (2) of this subsection.".

    3. Reletter the succeeding subsections accordingly.

                                    _______________________________

                                    Michael S. Sanchez

Adopted ___________________ Not Adopted ________________________

          (Chief Clerk)                (Chief Clerk)

                  Date _________________