HOUSE BILL 906

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO CONTROLLED SUBSTANCES; PROVIDING THAT A PERSON SHALL NOT ALLOW THE USE OF PROPERTY FOR THE MANUFACTURE OF METHAMPHETAMINE.

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

     Section 1. A new section of the Controlled Substances Act is enacted to read:

     "[NEW MATERIAL] USE OF PROPERTY FOR THE MANUFACTURE OF METHAMPHETAMINE.--

          A. A person shall not knowingly maintain, manage, control, own, rent, lease or make available for use any building, room, dwelling, rental, store, warehouse, trailer, vehicle, watercraft, aircraft, enclosure or other structure or place that is used for the unlawful manufacture of methamphetamine.

          B. Whoever violates Subsection A of this section is guilty of a third degree felony.

          C. A person who violates Subsection A of this section within a drug-free school zone is guilty of a second degree felony.

          D. A person does not violate Subsection A of this section if the person notifies a law enforcement agency within the jurisdiction of the unlawful manufacture of methamphetamine.

          E. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of that other provision."

- 2 -