HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 144

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO CONTROLLED SUBSTANCES; PROHIBITING THE SALE OR DISTRIBUTION OF SALVIA DIVINORUM TO A MINOR; PROHIBITING PROCUREMENT OF SALVIA DIVINORUM BY A MINOR; PROVIDING PENALTIES.

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] SALVIA DIVINORUM--DISTRIBUTION AND PROCUREMENT PROHIBITED.--

          A. A person shall not knowingly and intentionally sell, give, deliver, transfer or distribute Salvia divinorum to a minor. A person who violates this subsection is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          B. A minor shall not knowingly procure or attempt to procure Salvia divinorum for the minor's own use or for use by another minor. A minor who violates this subsection is guilty of a petty misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine not to exceed one hundred dollars ($100) or forty-eight hours of community service.

          C. As used in this section, "minor" means a person who is less than eighteen years of age."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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