New Mexico Statutes

N.M. Stat. § 26-1-1 (2026)

Short title.

✓ current as of May 2026

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Chapter 26, Article 1 NMSA 1978 may be cited as the "New Mexico Drug, Device
and Cosmetic Act".

History: 1953 Comp., § 54-6-26, enacted by Laws 1967, ch. 23, § 1; 1987, ch. 270, § 1.

                                     ANNOTATIONS

Compiler's notes. — Laws 1987, ch. 270, § 8 provided that references to the New
Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico
Drug, Device and Cosmetic Act.

Cross references. — For drug product selection, see Article 3 of this chapter.

For provisions of the Controlled Substances Act, see 30-31-1 NMSA 1978 et seq.

The 1987 amendment, effective June 19, 1987, substituted the present catchline for
the former catchline, which read "Title of act"; substituted "Chapter 26, Article 1 NMSA
1978" for "This act"; and inserted "Device."

Objective of article, in general, is to help establish a closed regulatory system for the
legitimate handlers of controlled drugs. Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of
Pharmacy, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657,
526 P.2d 799.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics, and
Poisons §§ 1, 2, 8, 9, 10, 14, 15, 17, 19, 33, 69, 72, 75, 76, 98, 100, 130, 141, 191, 206.

Products liability: sufficiency of evidence to support product misuse defense in actions
concerning food, drugs, and other products intended for ingestion, 58 A.L.R.4th 7.

Products liability: sufficiency of evidence to support product misuse defense in actions
concerning cosmetics and other personal care products, 58 A.L.R.4th 40.

Products liability: mascara and other eye cosmetics, 63 A.L.R.4th 105.
Products liability of endorser, trade association, certifier, or similar party who expresses
approval of product, 1 A.L.R.5th 431.

28 C.J.S. Supp. Drugs and Narcotics §§ 1 to 9.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1967–2023 · leading case: Ortiz v. Overland Express, 207 P.3d 1147 (N.M. Ct. App. 2009).

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Ortiz v. Overland Express, 207 P.3d 1147 (N.M. Ct. App. 2009). · cites it 6× “" {11} The plain language of Section 52-1-12 requires us to refer to two other statutes to determine whether methamphetamine and amphetamine fall under its provisions: the DDCA, NMSA 1978, §§ 26-1-1 to -26 (1967, as amended through 2008) and the Controlled Substances Act, NMSA…”

Ortiz v. Overland Express, 237 P.3d 707 (N.M. 2010). “The DCA was later renamed the New Mexico Drug, Device and Cosmetic Act (DDCA), and recompiled as NMSA 1978, Sections 26-1-1 to - 26 (1967, as amended through 2009).”

New Mexico Pharm. Ass'n v. State, 738 P.2d 1318 (N.M. 1987). “Under paragraph (D)(4) of Rule 86-2, the Board may give written permission to a supervising physician to delegate to a physician’s assistant the authority to dispense a forty-eight-hour supply of specified prepackaged or unit-of-use drugs controlled by the New Mexico Drug and…”

Albuquerque Nat'l Bank v. Second Jud. Dist. Court, 426 P.2d 204 (N.M. 1967). “However, the proceeding wherein petitioner was involved was an attachment proceeding brought under our attachment statutes set forth in §§ 26-1-1 to 26-1-44, N.M.S.A. 1953. We see no provision in these sections for an order such as was here entered in the event a writ of…”

Ferguson v. Bayer Essure, Inc. (D.N.M. 2023). · cites it 2× “The DDCA does outline prohibited acts pertaining to devices in New Mexico under Section 26-1- 3 (1987), but Ferguson does not specifically cite these provisions, nor does she explain how they evade preemption.”

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