New Mexico Statutes
N.M. Stat. § 30-31-13 (2026)
Registrations.
✓ current as of May 2026
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A. The board shall register an applicant to manufacture or distribute controlled
substances unless it determines that the issuance of that registration would be
inconsistent with the public interest. In determining the public interest, the board shall
consider the following factors:
(1) maintenance of effective controls against diversion of controlled
substances into other than legitimate medical, scientific or industrial channels;
(2) compliance with applicable state and local law;
(3) any convictions of the applicant under any federal or state laws relating to
any controlled substance;
(4) past experience in the manufacture or distribution of controlled
substances, and the existence in the applicant's establishment of effective controls
against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application
filed under the Controlled Substances Act;
(6) suspension or revocation of the applicant's federal registration to
manufacture, distribute or dispense controlled substances as authorized by federal law;
and
(7) any other factors relevant to and consistent with the public health and
safety.
B. Registration under this section does not entitle a registrant to manufacture and
distribute controlled substances in Schedules I or II other than those allowed in the
registration.
C. Compliance by manufacturers and distributors with the provisions of the federal
Comprehensive Drug Abuse Prevention and Control Act of 1970 respecting registration,
excluding state registration fees entitles them to be registered under the Controlled
Substances Act.
D. Practitioners must be registered to dispense any controlled substances or to
conduct research with controlled substances in Schedules II through V if they are
authorized to dispense or conduct research under Section 39 [30-31-40 NMSA 1978] of
the Controlled Substances Act. The board need not require separate registration under
this act for practitioners engaging in research with nonnarcotic controlled substances in
Schedules II through V where the registrant is already registered under the Controlled
Substances Act in another capacity. Practitioners or scientific investigators registered
under the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 to
conduct research with Schedule I substances may conduct research with Schedule I
substances within this state upon furnishing the board evidence of that federal
registration.
History: 1953 Comp., § 54-11-13, enacted by Laws 1972, ch. 84, § 13.
ANNOTATIONS
Cross references. — For the Comprehensive Drug Abuse Prevention and Control Act
of 1970, see 21 U.S.C. § 801 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and
Poisons § 69.
28 C.J.S. Drugs and Narcotics § 31 et seq.
30-31-14. Revocation and suspension of registration.
A. A registration under Section 30-31-13 NMSA 1978 to manufacture, distribute or
dispense a controlled substance may be suspended or revoked upon a finding that the
registrant:
(1) has furnished false or fraudulent material information in any application
filed with the board;
(2) has been convicted of a felony under any state or federal law relating to a
controlled substance;
(3) has had his federal registration suspended or revoked to manufacture,
distribute or dispense controlled substances; or
(4) has had his practitioner's license suspended or revoked by his
professional licensing board.
B. A hearing to revoke or suspend a registration of a practitioner shall be held
before a special hearing panel consisting of the board and two additional persons
designated to sit on the hearing panel by the practitioner's own examining and licensing
authority.
C. The special hearing panel may limit revocation or suspension of a registration to
the particular controlled substance with respect to which grounds for revocation or
suspension exist.
D. If the special hearing panel suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of suspension or the
effective date of the revocation order may be placed under seal. No disposition may be
made of substances under seal until the time for taking an appeal has elapsed or until
all appeals have been concluded unless a court, upon application, orders the sale of
perishable substances and the deposit of the proceeds of the sale with the court.
E. Upon a revocation order becoming final, the board may apply to the court for an
order to sell all controlled substances under seal. The court shall order the sale of such
controlled substances under such terms and conditions that the court deems
appropriate.
F. The board shall promptly notify the bureau of all orders suspending or revoking
registration and all sales of controlled substances.
History: 1953 Comp., § 54-11-14, enacted by Laws 1972, ch. 84, § 14; 1975, ch. 346, §
2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and
Poisons § 76.
Revocation or suspension of license or permit to practice pharmacy or operate
drugstore because of improper sale or distribution of narcotic or dangerous drugs, 17
A.L.R.3d 1408.
28 C.J.S. Drugs and Narcotics § 42.Notes of Decisions
Cited in 1
case, 2018–2018 · leading case: New Mexico ex rel. Balderas v. Purdue Pharma L.P., 323 F. Supp. 3d 1242 (D.N.M. 2018).
New Mexico ex rel. Balderas v. Purdue Pharma L.P., 323 F. Supp. 3d 1242 (D.N.M. 2018). “Ann, §§ 30-31-13(C), 30-31-16(A) ). Further, "wholesale drug distributors shall operate in compliance with applicable federal, state, and local laws and regulations" and "[w]holesale drug distributors that deal in controlled substances shall register with the [New Mexico Board…”
N.M. Stat. § 30-31-13(C): 1 case
New Mexico ex rel. Balderas v. Purdue Pharma L.P., 323 F. Supp. 3d 1242 (D.N.M. 2018). “Ann, §§ 30-31-13(C), 30-31-16(A) ). Further, "wholesale drug distributors shall operate in compliance with applicable federal, state, and local laws and regulations" and "[w]holesale drug distributors that deal in controlled substances shall register with the [New Mexico Board…”
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