0001| SENATE BILL 85
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PATRICK H. LYONS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTIONS 30-31-22
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0012| AND 30-31-23 NMSA 1978 (BEING LAWS 1972, CHAPTER 84, SECTIONS
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0013| 22 AND 23, AS AMENDED) TO INCREASE PENALTIES FOR CERTAIN
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0014| OFFENSES.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 30-31-22 NMSA 1978 (being Laws 1972,
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0018| Chapter 84, Section 22, as amended) is amended to read:
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0019| "30-31-22. CONTROLLED OR COUNTERFEIT SUBSTANCES--
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0020| DISTRIBUTION PROHIBITED.--
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0021| A. Except as authorized by the Controlled Substances
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0022| Act, it is unlawful for any person to intentionally distribute
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0023| or possess with intent to distribute a controlled substance or
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0024| a controlled substance analog except a substance enumerated in
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0025| Schedule I or II that is a narcotic drug or a controlled
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0001| substance analog of a controlled substance enumerated in
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0002| Schedule I or II that is a narcotic drug. Any person who
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0003| violates this subsection with respect to:
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0004| (1) marijuana is:
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0005| (a) except as provided in Subparagraph (c)
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0006| of this paragraph, for the first offense, guilty of a fourth
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0007| degree felony and shall be sentenced pursuant to the provisions
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0008| of Section 31-18-15 NMSA 1978;
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0009| (b) for the second and subsequent offenses,
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0010| guilty of a third degree felony and shall be sentenced pursuant
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0011| to the provisions of Section 31-18-15 NMSA 1978;
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0012| (c) for the first offense, if more than one
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0013| hundred pounds is possessed with intent to distribute or
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0014| distributed or both, guilty of a third degree felony and shall
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0015| be sentenced pursuant to the provisions of Section 31-18-15
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0016| NMSA 1978; and
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0017| (d) for the second and subsequent offenses,
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0018| if more than one hundred pounds is possessed with intent to
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0019| distribute or distributed or both, guilty of a second degree
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0020| felony and shall be sentenced pursuant to the provisions of
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0021| Section 31-18-15 NMSA 1978;
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0022| (2) any other controlled substance enumerated in
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0023| Schedule I, II, III or IV or a controlled substance analog of a
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0024| controlled substance enumerated in Schedule I, II, III or IV
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0025| except a substance enumerated in Schedule I or II that is a
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0001| narcotic drug or a controlled substance analog of a controlled
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0002| substance enumerated in Schedule I or II that is a narcotic
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0003| drug, is:
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0004| (a) for the first offense, guilty of a third
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0005| degree felony and shall be sentenced pursuant to the provisions
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0006| of Section 31-18-15 NMSA 1978; provided, however, for
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0007| methamphetamine, its salts, isomers or salts of isomers as
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0008| enumerated in Schedule II or a controlled substance analog of
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0009| methamphetamine, its salts or salts of isomers, for the first
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0010| offense, guilty of a second degree felony and shall be
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0011| sentenced pursuant to the provisions of Section 31-18-15 NMSA;
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0012| and
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0013| (b) for the second and subsequent offenses,
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0014| guilty of a second degree felony and shall be sentenced
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0015| pursuant to the provisions of Section 31-18-15 NMSA 1978; and
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0016| (3) a controlled substance enumerated in
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0017| Schedule V or a controlled substance analog of a controlled
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0018| substance enumerated in Schedule V is guilty of a misdemeanor
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0019| and shall be punished by a fine of not less than one hundred
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0020| dollars ($100) or more than five hundred dollars ($500) or by
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0021| imprisonment for a definite term not less than one hundred
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0022| eighty days but less than one year, or both.
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0023| B. Except as authorized by the Controlled Substances
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0024| Act, it is unlawful for any person to intentionally create or
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0025| deliver, or possess with intent to deliver, a counterfeit
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0001| substance. Any person who violates this subsection with
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0002| respect to:
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0003| (1) a counterfeit substance enumerated in
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0004| Schedule I, II, III or IV is guilty of a fourth degree felony
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0005| and shall be sentenced pursuant to the provisions of Section
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0006| 31-18-15 NMSA 1978; and
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0007| (2) a counterfeit substance enumerated in
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0008| Schedule V is guilty of a petty misdemeanor and shall be
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0009| punished by a fine of not more than one hundred dollars ($100)
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0010| or by imprisonment for a definite term not to exceed six
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0011| months, or both.
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0012| C. Any person who knowingly violates Subsection A or
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0013| B of this section while within a drug-free school zone,
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0014| excluding private property residentially zoned or used
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0015| primarily as a residence, with respect to:
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0016| (1) marijuana is:
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0017| (a) except as provided in Subparagraph (c)
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0018| of this paragraph, for the first offense, guilty of a third
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0019| degree felony and shall be sentenced pursuant to the provisions
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0020| of Section 31-18-15 NMSA 1978;
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0021| (b) for the second and subsequent offenses,
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0022| guilty of a second degree felony and shall be sentenced
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0023| pursuant to the provisions of Section 31-18-15 NMSA 1978;
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0024| (c) for the first offense, if more than one
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0025| hundred pounds is possessed with intent to distribute or
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0001| distributed or both, guilty of a second degree felony and shall
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0002| be sentenced pursuant to the provisions of Section 31-18-15
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0003| NMSA 1978; and
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0004| (d) for the second and subsequent offenses,
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0005| if more than one hundred pounds is possessed with intent to
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0006| distribute or distributed or both, guilty of a first degree
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0007| felony and shall be sentenced pursuant to the provisions of
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0008| Section 31-18-15 NMSA 1978;
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0009| (2) any other controlled substance enumerated in
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0010| Schedule I, II, III or IV or a controlled substance analog of a
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0011| controlled substance enumerated in Schedule I, II, III or IV
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0012| except a substance enumerated in Schedule I or II that is a
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0013| narcotic drug or a controlled substance analog of a controlled
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0014| substance [emumerated] enumerated in Schedule I or II that
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0015| is a narcotic drug, is:
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0016| (a) for the first offense, guilty of a
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0017| second degree felony and shall be sentenced pursuant to the
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0018| provisions of Section 31-18-15 NMSA 1978; and
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0019| (b) for the second and subsequent offenses,
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0020| guilty of a first degree felony and shall be sentenced pursuant
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0021| to the provisions of Section 31-18-15 NMSA 1978;
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0022| (3) a controlled substance enumerated in
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0023| Schedule V or a controlled substance analog of a controlled
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0024| substance enumerated in Schedule V is guilty of a fourth degree
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0025| felony and shall be sentenced pursuant to the provisions of
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0001| Section 31-18-15 NMSA 1978; and
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0002| (4) the intentional creation, delivery or
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0003| possession with the intent to deliver:
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0004| (a) a counterfeit substance enumerated in
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0005| Schedule I, II, III or IV is guilty of a third degree felony
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0006| and shall be sentenced pursuant to the provisions of Section
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0007| 31-18-15 NMSA 1978; and
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0008| (b) a counterfeit substance enumerated in
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0009| Schedule V is guilty of a misdemeanor and shall be punished by
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0010| a fine of not less than one hundred dollars ($100) nor more
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0011| than five hundred dollars ($500) or by imprisonment for a
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0012| definite term not less than one hundred eighty days but less
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0013| than one year, or both.
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0014| D. Notwithstanding the provisions of Subsection A
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0015| of this section, distribution of a small amount of marijuana
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0016| for no remuneration shall be treated as provided in Paragraph
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0017| (3) of Subsection B of Section 30-31-23 NMSA 1978."
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0018| Section 2. Section 30-31-23 NMSA 1978 (being Laws 1972,
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0019| Chapter 84, Section 23, as amended by Laws 1990, Chapter 19,
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0020| Section 5 and also by Laws 1990, Chapter 33, Section 1) is
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0021| amended to read:
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0022| "30-31-23. CONTROLLED SUBSTANCES--POSSESSION PROHIBITED.-
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0023| -
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0024| A. It is unlawful for any person intentionally to
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0025| possess a controlled substance unless the substance was
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0001| obtained pursuant to a valid prescription or order of a
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0002| practitioner while acting in the course of his professional
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0003| practice or except as otherwise authorized by the Controlled
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0004| Substances Act. It is unlawful for any person intentionally to
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0005| possess a controlled substance analog.
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0006| B. Any person who violates this section with respect
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0007| to:
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0008| (1) one ounce or less of marijuana is, for the
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0009| first offense, guilty of a petty misdemeanor and shall be
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0010| punished by a fine of not less than fifty dollars ($50.00) or
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0011| more than one hundred dollars ($100) and by imprisonment for
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0012| not more than fifteen days, and, for the second and subsequent
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0013| offenses, guilty of a misdemeanor and shall be punished by a
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0014| fine of not less than one hundred dollars ($100) or more than
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0015| one thousand dollars ($1,000) or by imprisonment for a definite
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0016| term less than one year, or both;
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0017| (2) more than one ounce and less than eight
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0018| ounces of marijuana is guilty of a misdemeanor and shall be
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0019| punished by a fine of not less than one hundred dollars ($100)
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0020| or more than one thousand dollars ($1,000) or by imprisonment
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0021| for a definite term less than one year, or both; or
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0022| (3) eight ounces or more of marijuana is guilty
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0023| of a fourth degree felony and shall be sentenced pursuant to
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0024| the provisions of Section 31-18-15 NMSA 1978.
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0025| C. Except for those substances listed in Subsection D
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0001| of this section, any person who violates this section with
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0002| respect to any amount of any controlled substance enumerated in
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0003| Schedule I, II, III or IV or a controlled substance analog of a
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0004| substance enumerated in Schedule I, II, III or IV is guilty of
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0005| a misdemeanor and shall be punished by a fine of not less than
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0006| five hundred dollars ($500) or more than one thousand dollars
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0007| ($1,000) or by imprisonment for a definite term less than one
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0008| year, or both.
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0009| D. Any person who violates this section with respect
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0010| to phencyclidine as enumerated in Schedule III or a controlled
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0011| substance analog of phencyclidine; [methamphetamine, its
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salts, isomers or salts of isomers as enumerated in Schedule II
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or a controlled substance analog of methamphetamine, its salts,
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isomers or salts of isomers;] or a narcotic drug enumerated in
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0015| Schedule I or II or a controlled substance analog of a narcotic
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0016| drug enumerated in Schedule I or II is guilty of a fourth
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0017| degree felony and shall be sentenced pursuant to the provisions
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0018| of Section 31-18-15 NMSA 1978.
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0019| E. Any person who violates this section with respect
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0020| to methamphetamine, its salts, isomers or salts of isomers as
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0021| enumerated in Schedule II or a controlled substance analog of
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0022| methamphetamine, its salts, isomers or salts of isomers, is
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0023| guilty of a third degree felony and shall be sentenced pursuant
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0024| to the provisions of Section 31-18-15 NMSA 1978."
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0025|
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