SENATE BILL 111

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

INTRODUCED BY

Steven P. Neville

AN ACT

RELATING TO CONTROLLED SUBSTANCES; CREATING A NEW CRIME OF CONSUMPTION OF A CONTROLLED SUBSTANCE.

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] CONSUMPTION OF A CONTROLLED SUBSTANCE.--

          A. Consumption of a controlled substance consists of taking into the body a controlled substance or a controlled substance analog that was not obtained pursuant to a valid prescription or order of a practitioner acting in the course of professional practice or as otherwise authorized by the Controlled Substances Act.

          B. A blood, urine or other medical test that indicates that a person has consumed a controlled substance or a controlled substance analog is prima facie evidence of consumption of a controlled substance in the county where the test was obtained.

          C. It is an affirmative defense to a prosecution brought pursuant to this section that the person involuntarily or unknowingly consumed the controlled substance or controlled substance analog.

          D. Whoever commits consumption of a controlled substance is guilty of a petty misdemeanor."

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

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