0001|                            SENATE BILL 85
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           MARK L. BOITANO
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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 CRIMINAL LAW; MAKING IT UNLAWFUL TO POSSESS A
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0012|     CONTROLLED SUBSTANCE, A CONTROLLED SUBSTANCE ANALOG OR A
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0013|     COUNTERFEIT SUBSTANCE IN A CORRECTIONAL FACILITY; ENACTING A
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0014|     NEW SECTION OF THE CONTROLLED SUBSTANCES ACT.
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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.  A new section of the Controlled Substances
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0018|     Act is enacted to read:
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0019|          "[<u>NEW MATERIAL</u>] CONTROLLED SUBSTANCE--CONTROLLED
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0020|     SUBSTANCE ANALOG--COUNTERFEIT SUBSTANCE--POSSESSION IN
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0021|     CORRECTIONAL FACILITY PROHIBITED.--
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0022|               A.  Notwithstanding the provisions of Section     
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0023|     30-31-23 NMSA 1978, it is unlawful for a person intentionally
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0024|     to possess a controlled substance while on the premises of a
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0025|     correctional facility operated by the corrections department
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0001|     or operated for the corrections department pursuant to a
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0002|     contract, unless the substance was obtained pursuant to a
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0003|     valid prescription or order of a practitioner while acting in
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0004|     the course of his professional practice or except as otherwise
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0005|     authorized by the Controlled Substances Act.  It is unlawful
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0006|     for a person intentionally to possess a controlled substance
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0007|     analog or counterfeit substance while on the premises of a
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0008|     correctional facility operated by the corrections department
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0009|     or operated for the corrections department pursuant to a
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0010|     contract. 
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0011|               B.  A person who violates the provisions of this
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0012|     section is guilty of a third degree felony."
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0013|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0014|     provisions of this act is July 1, 1998.
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0015|                                       
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