30-31-20. Trafficking controlled substances; violation.
303 words·~1 min read·
/nm/chapter-30-criminal-offenses/article-31-controlled-substances/30-31-20·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. As used in the Controlled Substances Act, "traffic" means the:
(1)manufacture of a controlled substance enumerated in Schedules I through V or a controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978;
(2)distribution, sale, barter or giving away of:
(a)a controlled substance enumerated in Schedule I or II that is a narcotic drug;
(b)a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or
(c)methamphetamine, its salts, isomers and salts of isomers; or
(3)possession with intent to distribute:
(a)a controlled substance enumerated in Schedule I or II that is a narcotic drug;
(b)controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or
(c)methamphetamine, its salts, isomers and salts of isomers.
B. Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally traffic. A 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. A 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.
History: 1953 Comp., § 54-11-20, enacted by Laws 1972, ch. 84, § 20; 1974, ch. 9, § 1; 1980, ch. 23, § 1; 1987, ch. 68, § 2; 1990, ch. 19, § 3; 2006, ch. 17, § 2.