SENATE BILL 356

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

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO CONTROLLED SUBSTANCES; AMENDING THE CONTROLLED SUBSTANCES ACT TO DELETE THE REQUIREMENT THAT CERTAIN REGISTRATIONS NEED TO BE OBTAINED ANNUALLY.

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

     Section 1. Section 30-31-12 NMSA 1978 (being Laws 1972, Chapter 84, Section 12, as amended) is amended to read:

     "30-31-12. REGISTRATION REQUIREMENTS.--

          A. [Every] A person who manufactures, distributes or dispenses [any] a controlled substance or who proposes to engage in the manufacture, distribution or dispensing of [any] a controlled substance shall obtain [annually] a registration issued by the board in accordance with its regulations.

          B. Persons registered by the board to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense, prescribe or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of the Controlled Substances Act.

          C. The following persons need not register and may lawfully possess controlled substances:

                (1) an agent of [any] a registered manufacturer, distributor or dispenser of [any] a controlled substance if [he] the agent is acting in the usual course of [his] the agent's principal's business or employment;

                (2) a common or contract carrier or warehouseman, or an employee whose possession of [any] a controlled substance is in the usual course of the common or contract carrier or warehouseman's business; or

                (3) an ultimate user.

          D. The board may waive by regulation the requirement for registration of certain manufacturers, distributors or dispensers if it is consistent with the public health and safety.

          E. The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's regulations."

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