SENATE BILL 195

47th legislature - STATE OF NEW MEXICO - second special session, 2006

INTRODUCED BY

Clinton D. Harden

AN ACT

RELATING TO CONTROLLED SUBSTANCES; REQUIRING MANDATORY PRISON TIME FOR THE UNLAWFUL MANUFACTURE OF METHAMPHETAMINE.

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) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978;

                (2) distribution, sale, barter or giving away of any controlled 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

                (3) possession with intent to distribute any controlled substance enumerated in Schedule I or II that is a narcotic drug or controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug.

          B. Except as authorized by the Controlled Substances Act, it is unlawful for any person to intentionally traffic. Any 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 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.

          D. A sentence of imprisonment imposed pursuant to this section for the manufacture of methamphetamine, its salts, isomers or salts of isomers or of a controlled substance analog of methamphetamine, its salts, isomers or salts of isomers shall not be suspended, deferred or taken under advisement."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2006.

- 3 -