46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO CONTROLLED SUBSTANCES; REVISING THE CRIMINAL OFFENSE OF TRAFFICKING CONTROLLED SUBSTANCES TO INCLUDE A METHAMPHETAMINE, ITS SALTS, ISOMERS AND SALTS OF ISOMERS; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-31-20 NMSA 1978 (being Laws 1972, Chapter 84, Section 20, as amended) is amended to read:
"30-31-20. TRAFFICKING CONTROLLED SUBSTANCES--VIOLATION.--
A. As used in the Controlled Substances Act,
"traffic" means [the]:
(1) the manufacture of [any] a controlled
substance enumerated in Schedules I through V or [any] a
controlled substance analog as defined in Subsection W of
Section 30-31-2 NMSA 1978;
(2) distribution, sale, barter or giving away
of [any]:
(a) a controlled substance enumerated in
Schedule I or II that is a narcotic drug; [or]
(b) a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or
(c) a methamphetamine, its salts, isomers and salts of isomers; or
(3) possession with intent to distribute [any]
of:
(a) a controlled substance enumerated in
Schedule I or II that is a narcotic drug; [or]
(b) a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or
(c) a methamphetamine, its salts, isomers and salts of isomers.
B. Except as authorized by the Controlled
Substances Act, it is unlawful for [any] a person to
intentionally traffic. [Any] A person who violates this
subsection is:
(1) for the first offense, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) for the second and subsequent offenses, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. [Any] A person who knowingly violates Subsection
B of this section within a drug-free school zone, excluding
private property residentially zoned or used primarily as a
residence, is guilty of a first degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978."
Section 2. Section 30-31-22 NMSA 1978 (being Laws 1972, Chapter 84, Section 22, as amended) is amended to read:
"30-31-22. CONTROLLED OR COUNTERFEIT SUBSTANCES--DISTRIBUTION PROHIBITED.--
A. Except as authorized by the Controlled
Substances Act, it is unlawful for [any] a person to
intentionally distribute or possess with intent to distribute a
controlled substance or a controlled substance analog, except a
substance enumerated in Schedule I or II that is a narcotic
drug, [or] a controlled substance analog of a controlled
substance enumerated in Schedule I or II that is a narcotic
drug or a methamphetamine, its salts, isomers and salts of
isomers. [Any] A person who violates this subsection with
respect to:
(1) marijuana is:
(a) for the first offense, guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(b) for the second and subsequent offenses, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(c) for the first offense, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(d) for the second and subsequent offenses, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(2) any other controlled substance enumerated
in Schedule I, II, III or IV or a controlled substance analog
of a controlled substance enumerated in Schedule I, II, III or
IV, except a substance enumerated in Schedule I or II that is a
narcotic drug, [or] a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug or a methamphetamine, its salts, isomers and
salts of isomers, is:
(a) for the first offense, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(b) for the second and subsequent offenses, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(3) a controlled substance enumerated in Schedule V or a controlled substance analog of a controlled substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both.
B. Except as authorized by the Controlled
Substances Act, it is unlawful for [any] a person to
intentionally create or deliver, or possess with intent to
deliver, a counterfeit substance. [Any] A person who violates
this subsection with respect to:
(1) a counterfeit substance enumerated in Schedule I, II, III or IV is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) a counterfeit substance enumerated in Schedule V is guilty of a petty misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for a definite term not to exceed six months, or both.
C. [Any] A person who knowingly violates Subsection
A or B of this section while within a drug-free school zone,
excluding private property residentially zoned or used
primarily as a residence, with respect to:
(1) marijuana is:
(a) for the first offense, guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(b) for the second and subsequent offenses, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(c) for the first offense, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(d) for the second and subsequent offenses, if more than one hundred pounds is possessed with intent to distribute or distributed or both, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(2) any other controlled substance enumerated
in Schedule I, II, III or IV or a controlled substance analog
of a controlled substance enumerated in Schedule I, II, III or
IV, except a substance enumerated in Schedule I or II that is a
narcotic drug, [or] a controlled substance analog of a
controlled substance [emumerated] enumerated in Schedule I or
II that is a narcotic drug or a methamphetamine, its salts,
isomers and salts of isomers, is:
(a) for the first offense, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(b) for the second and subsequent offenses, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(3) a controlled substance enumerated in Schedule V or a controlled substance analog of a controlled substance enumerated in Schedule V is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(4) the intentional creation, delivery or possession with the intent to deliver:
(a) a counterfeit substance enumerated in Schedule I, II, III or IV is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(b) a counterfeit substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both.
D. Notwithstanding the provisions of Subsection A
of this section, distribution of a small amount of marijuana
for no remuneration shall be treated as provided in Paragraph
[(3)] (1) of Subsection B of Section 30-31-23 NMSA 1978."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.