N.M. Stat. » N.M. Stat. / Chapter 26 / Article 1
New Mexico Statutes

N.M. Stat. § 26-1-23 (2026)

False statements; false pretenses; forgery of labels or

✓ current as of May 2026
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prescriptions prohibited.
   It shall be unlawful for any person to:

   A. willfully make a false statement in any prescription, order, report or record
required by the New Mexico Drug and Cosmetic Act [New Mexico Drug, Device and
Cosmetic Act];

    B. falsely assume the title of or represent himself to be a manufacturer, wholesaler,
pharmacist, physician, dentist, veterinarian or other authorized person for the purpose
of obtaining any of the dangerous drugs;

   C. make or utter any false or forged label to a package containing any of the
dangerous drugs; or

   D. make or utter any false or forged prescription or false or forged written order for
dangerous drugs other than controlled substances.

History: 1953 Comp., § 54-6-48, enacted by Laws 1967, ch. 23, § 23; 1972, ch. 84, §
52.

                                      ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law. 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 definition of "prescription", see 26-1-2I NMSA 1978.

For definition of "label", see 26-1-2M NMSA 1978.
Notes of Decisions
Cited in 2 cases, 1967–1981 · leading case: State v. Reams, 648 P.2d 1185 (N.M. Ct. App. 1981).
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State v. Reams, 648 P.2d 1185 (N.M. Ct. App. 1981). · cites it 4× “1978, makes it unlawful to obtain, or attempt to obtain, by fraud, forgery, concealment of a material fact or by false name "any dangerous drugs other than a controlled substance".”
Albuquerque Nat'l Bank v. Second Jud. Dist. Court, 426 P.2d 204 (N.M. 1967). “The trial court could do this under § 26-1-23, N.M.S.A.1953. Such a construction is consistent with the rules set forth above.”
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