New Mexico Statutes

N.M. Stat. § 30-31-2 (2026)

Definitions.

✓ current as of May 2026
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As used in the Controlled Substances Act:

    A. "administer" means the direct application of a controlled substance by any means
to the body of a patient or research subject by a practitioner or the practitioner's agent;

    B. "agent" includes an authorized person who acts on behalf of a manufacturer,
distributor or dispenser. It does not include a common or contract carrier, public
warehouseperson or employee of the carrier or warehouseperson;
   C. "board" means the board of pharmacy;

    D. "bureau" means the narcotic and dangerous drug section of the criminal division
of the United States department of justice, or its successor agency;

   E. "controlled substance" means a drug or substance listed in Schedules I through
V of the Controlled Substances Act or rules adopted thereto;

     F. "counterfeit substance" means a controlled substance that bears the
unauthorized trademark, trade name, imprint, number, device or other identifying mark
or likeness of a manufacturer, distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the controlled substance;

    G. "deliver" means the actual, constructive or attempted transfer from one person to
another of a controlled substance or controlled substance analog, whether or not there
is an agency relationship;

   H. "dispense" means to deliver a controlled substance to an ultimate user or
research subject pursuant to the lawful order of a practitioner, including the
administering, prescribing, packaging, labeling or compounding necessary to prepare
the controlled substance for that delivery;

   I. "dispenser" means a practitioner who dispenses and includes hospitals,
pharmacies and clinics where controlled substances are dispensed;

   J. "distribute" means to deliver other than by administering or dispensing a
controlled substance or controlled substance analog;

    K. "drug" or "substance" means substances recognized as drugs in the official
United States pharmacopoeia, official homeopathic pharmacopoeia of the United States
or official national formulary or any respective supplement to those publications. It does
not include devices or their components, parts or accessories;

   L. "manufacture" means the production, preparation, compounding, conversion or
processing of a controlled substance or controlled substance analog by extraction from
substances of natural origin or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis and includes any packaging or
repackaging of the substance or labeling or relabeling of its container, except that this
term does not include the preparation or compounding of a controlled substance:

      (1)    by a practitioner as an incident to administering or dispensing a controlled
substance in the course of the practitioner's professional practice; or

       (2)    by a practitioner, or by the practitioner's agent under the practitioner's
supervision, for the purpose of or as an incident to research, teaching or chemical
analysis and not for sale;
    M. "narcotic drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin or independently by means
of chemical synthesis or by a combination of extraction and chemical synthesis:

      (1)    opium and opiate and any salt, compound, derivative or preparation of
opium or opiate;

      (2)     any salt, compound, isomer, derivative or preparation that is a chemical
equivalent of any of the substances referred to in Paragraph (1) of this subsection,
except the isoquinoline alkaloids of opium;

      (3)   opium poppy and poppy straw, including all parts of the plant of the
species Papaver somniferum L. except its seeds; or

       (4)    coca leaves and any salt, compound, derivative or preparation of coca
leaves, any salt, compound, isomer, derivative or preparation that is a chemical
equivalent of any of these substances except decocainized coca leaves or extractions
of coca leaves that do not contain cocaine or ecgonine;

   N. "opiate" means any substance having an addiction-forming or addiction-
sustaining liability similar to morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless
specifically designated as controlled under Section 30-31-5 NMSA 1978, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts, dextromethorphan.
"Opiate" does include its racemic and levorotatory forms;

    O. "person" means an individual, partnership, corporation, association, institution,
political subdivision, government agency or other legal entity;

    P. "practitioner" means a physician, certified advanced practice chiropractic
physician, doctor of oriental medicine, dentist, physician assistant, certified nurse
practitioner, clinical nurse specialist, certified nurse-midwife, prescribing psychologist,
veterinarian, euthanasia technician, pharmacist, pharmacist clinician or other person
licensed or certified to prescribe and administer drugs that are subject to the Controlled
Substances Act;

    Q. "prescription" means an order given individually for the person for whom is
prescribed a controlled substance, either directly from a licensed practitioner or the
practitioner's agent to the pharmacist, including by means of electronic transmission, or
indirectly by means of a written order signed by the prescriber, bearing the name and
address of the prescriber, the prescriber's license classification, the name and address
of the patient, the name and quantity of the drug prescribed, directions for use and the
date of issue and in accordance with the Controlled Substances Act or rules adopted
thereto;
   R. "scientific investigator" means a person registered to conduct research with
controlled substances in the course of the person's professional practice or research
and includes analytical laboratories;

    S. "ultimate user" means a person who lawfully possesses a controlled substance
for the person's own use or for the use of a member of the person's household or for
administering to an animal under the care, custody and control of the person or by a
member of the person's household;

   T. "drug paraphernalia" means, except as to use in accordance with the Cannabis
Regulation Act [Chapter 26, Article 2C NMSA 1978] or the Lynn and Erin
Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], all equipment, products
and materials of any kind that are used, intended for use or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the
human body a controlled substance or controlled substance analog in violation of the
Controlled Substances Act. It includes:

        (1)    kits used, intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting any species of plant that is a controlled substance or
controlled substance analog or from which a controlled substance can be derived;

       (2)    kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled substances or
controlled substance analogs;

       (3)    isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant that is a controlled substance;

       (4)    testing equipment used, intended for use or designed for use in identifying
or in analyzing the strength, effectiveness or purity of controlled substances or
controlled substance analogs;

      (5)    scales or balances used, intended for use or designed for use in weighing
or measuring controlled substances or controlled substance analogs;

      (6)    diluents and adulterants, such as quinine hydrochloride, mannitol, mannite
dextrose and lactose, used, intended for use or designed for use in cutting controlled
substances or controlled substance analogs;

       (7)   blenders, bowls, containers, spoons and mixing devices used, intended for
use or designed for use in compounding controlled substances or controlled substance
analogs;
       (8)   capsules, balloons, envelopes and other containers used, intended for use
or designed for use in packaging small quantities of controlled substances or controlled
substance analogs;

       (9)    containers and other objects used, intended for use or designed for use in
storing or concealing controlled substances or controlled substance analogs;

      (10) hypodermic syringes, needles and other objects used, intended for use or
designed for use in parenterally injecting controlled substances or controlled substance
analogs into the human body;

      (11) objects used, intended for use or designed for use in ingesting, inhaling or
otherwise introducing cocaine into the human body, such as:

          (a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or
without screens, permanent screens, hashish heads or punctured metal bowls;

           (b) water pipes;

           (c) carburetion tubes and devices;

           (d) smoking and carburetion masks;

           (e) miniature cocaine spoons and cocaine vials;

           (f) chamber pipes;

           (g) carburetor pipes;

           (h) electric pipes;

           (i) air-driven pipes;

           (j) chilams;

           (k) bongs; or

           (l) ice pipes or chillers; and

       (12) in determining whether an object is drug paraphernalia, a court or other
authority should consider, in addition to all other logically relevant factors, the following:

           (a) statements by the owner or by anyone in control of the object concerning
its use;
           (b) the proximity of the object, in time and space, to a direct violation of the
Controlled Substances Act or any other law relating to controlled substances or
controlled substance analogs;

         (c) the proximity of the object to controlled substances or controlled
substance analogs;

         (d) the existence of any residue of a controlled substance or controlled
substance analog on the object;

             (e) instructions, written or oral, provided with the object concerning its use;

             (f) descriptive materials accompanying the object that explain or depict its
use;

             (g) the manner in which the object is displayed for sale; and

             (h) expert testimony concerning its use;

    U. "controlled substance analog" means a substance other than a controlled
substance that has a chemical structure substantially similar to that of a controlled
substance in Schedule I, II, III, IV or V or that was specifically designed to produce
effects substantially similar to that of controlled substances in Schedule I, II, III, IV or V.
Examples of chemical classes in which controlled substance analogs are found:

       (1)      include:

             (a) phenethylamines;

             (b) N-substituted piperidines;

             (c) morphinans;

             (d) ecgonines;

             (e) quinazolinones;

             (f) substituted indoles; and

             (g) arylcycloalkylamines; and

        (2)    do not include those substances that are generally recognized as safe and
effective within the meaning of the Federal Food, Drug, and Cosmetic Act or have been
manufactured, distributed or possessed in conformance with the provisions of an
approved new drug application or an exemption for investigational use within the
meaning of Section 505 of the Federal Food, Drug, and Cosmetic Act;
   V. "human consumption" includes application, injection, inhalation, ingestion or any
other manner of introduction;

   W. "drug-free school zone" means a public school, parochial school or private
school or property that is used for a public, parochial or private school purpose and the
area within one thousand feet of the school property line, but it does not mean any post-
secondary school; and

   X. "valid practitioner-patient relationship" means a professional relationship, as
defined by the practitioner's licensing board, between the practitioner and the patient.

History: 1953 Comp., § 54-11-2, enacted by Laws 1972, ch. 84, § 2; 1979, ch. 2, § 1;
1981, ch. 31, § 1; 1987, ch. 68, § 1; 1989, ch. 177, § 19; 1990, ch. 19, § 2; 1997, ch.
244, § 2; 1997, ch. 253, § 3; 2000, ch. 53, § 1; 2001, ch. 50, § 2; 2002, ch. 100, § 2;
2005, ch. 152, § 9; 2006, ch. 17, § 1; 2008, ch. 44, § 5; 2009, ch. 102, § 2; 2017, ch.
140, § 2; 2019, ch. 116, § 9; 2021 (1st S.S.), ch. 4, § 63.

                                     ANNOTATIONS

Cross references. — For the Federal Food, Drug and Cosmetic Act, referred to in the
last undesignated paragraph of Subsection W, see 21 U.S.C. § 301 et seq. For Section
505 of that act, also referred to in the last undesignated paragraph of Subsection W,
see 21 U.S.C. § 355.

Compiler’s notes. — Senate Bill 6, enacted by the Fifty-Third Legislature, First
Session, 2017, was vetoed by the governor on March 11, 2017. Pursuant to the First
Judicial District Court’s decision in State ex rel. New Mexico Legislative Council v.
Honorable Susana Martinez, Governor of the State of New Mexico et al., D-101-CV-
2017-01550, and affirmed by S.Ct. Order No. S-1-SC-36731, on April 25, 2018, which
held that Article IV, Section 22 of the New Mexico Constitution requires that objections
must accompany a returned bill, Senate Bill 6 was chaptered into law by the Secretary
of State.

The 2021 (1st S.S.) amendment, effective June 29, 2021, removed the definitions of
"hashish", "hemp", and "marijuana", and revised the definition of "drug paraphernalia",
as used in the Controlled Substances Act; deleted former Subsections L and M and
redesignated former Subsection N as Subsection L; deleted former Subsection O and
redesignated former Subsections P through AA as Subsections M through X,
respectively; in Subsection T, after "means", added "except as to use in accordance
with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act",
deleted former Paragraph W(7) and redesignated former Paragraphs W(8) through
W(13) as Paragraphs T(7) through T(12), respectively, in Paragraph T(11), after
"introducing", deleted "marijuana", after "cocaine", deleted "hashish or hashish oil",
deleted former Subparagraph W(12)(e) and redesignated former Subparagraphs
W(12)(f) through W(12)(m) as Subparagraphs T(11)(e) through T(11)(l), respectively;
and in Subsection U, added new paragraph designations "(1)" and "(2)" and
redesignated former Paragraphs X(1) through X(7) as Subparagraphs U(1)(a) through
U(1)(g), respectively, after Subparagraph U(1)(g), deleted "Specifically excluded from
the definition of 'controlled substance analog' are", and in Paragraph U(2), added "do
not include".

The 2019 amendment, effective July 1, 2019, defined "hemp" as used in the Controlled
Substances Act; and added a new Subsection M and redesignated former Subsections
M through Z as Subsections N through AA, respectively.

The 2017 amendment, effective June 16, 2017, excluded the plant Cannabis sativa L,
and any part of the plant, from the definition of "marijuana" in the Controlled Substances
Act; in Subsection N, after "that is incapable of germination", added "or the plant
Cannabis sativa L, and any part of the plant, whether growing or not, containing a delta-
9 tetrahydrocannabinol concentration of no more than three-tenths percent on a dry
weight basis".

The 2009 amendment, effective June 19, 2009, in Subsection R, added "euthanasia
technician".

The 2008 amendment, effective May 14, 2008, added "certified advanced practice
chiropractic physician" in Subsection R.

The 2006 amendment, effective July 1, 2006, revised Subsection Y to add parochial
and private schools to the definition of a drug-free school zone.

The 2005 amendment, effective June 17, 2005, provided in Subsection S that a
"prescription" means an order given by a licensed practitioner or the practitioner's agent,
including an order given by electronic transmission, and providing that the order bear
the name and address of the prescriber, his license classification, the name and
address of the patient, the name and quantity of the drug prescribed, directions for use,
and the date of issue; and added the definition of "valid practitioner-patient relationship"
in Subsection Z to mean the relationship defined by the practitioner's licensing board.

The 2002 amendment, effective July 1, 2002, inserted "physician assistant, prescribing
psychologist" in Subsection R.

The 2001 amendment, effective June 15, 2001, substituted "rules" for "regulations" in
Subsections E and S, and inserted "pharmacist, pharmacist clinician" to the definition of
"practitioner" in Subsection R.

The 1997 amendment, effective June 20, 1997, added "certified nurse-midwife" and "or
certified" following "licensed" in Subsection R.

The 1990 amendment, effective July 1, 1990, added Subsection Y and made minor
stylistic changes throughout the section.
The 1989 amendment, effective July 1, 1989, substituted "drug or substance" for "drug,
substance or immediate precursor" in Subsection E; deleted former Subsection M,
which read: "'immediate precursor' means a substance which the board has designated
by regulation as being the principal compound commonly used or produced primarily as
an immediate chemical intermediary used in the manufacture of a controlled substance,
the control of which is necessary to prevent, curtail or limit manufacture"; redesignated
former Subsections N through Y as present Subsections M through X; made minor
stylistic changes in Paragraph (4) of Subsection O, in the first sentence of Subsection
W, and in Subsection X; and in Subsection V inserted "or controlled substance analogs"
in Paragraph (9) and in subparagraph (c) of Paragraph (13).

Drug paraphernalia defined. — Section 30-31-2V NMSA 1978 clearly and
unambiguously does not include ephedrine within its definition of drug paraphernalia.
State v. Mcwhorter, 2005-NMCA-133, 138 N.M. 580, 124 P.3d 215, cert. denied, 138
N.M. 586, 124 P.3d 564.

Constitutionality. — The Drug Paraphernalia Act is not vague or overbroad. The
General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982).

Personal use exception. — Trafficking by manufacture as defined in Section 30-31-2M
NMSA 1978 does not allow for a personal use exception. State v. Marshall, 2004-
NMCA-104, 136 N.M. 240, 96 P.3d 801, cert. denied, 2004-NMCERT-008, 136 N.M.
492, 100 P.3d 197.

Search for "controlled substances". — Specification in a search warrant of
"controlled substances" kept on premises contrary to law was as precise as the situation
permitted considering the wide variety of drugs used by addicts, the words used in the
warrant having a definite meaning in that they referred to certain and definite lists of
drugs and their derivatives, and left nothing to the discretion of the officers. State v.
Quintana, 1975-NMCA-034, 87 N.M. 414, 534 P.2d 1126, cert. denied, 88 N.M. 29, 536
P.2d 1085, and cert. denied, 423 U.S. 832, 96 S. Ct. 54, 46 L. Ed. 2d 50 (1975).

Term "constructive transfer" is not void under due process clause on the grounds
of vagueness. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75.

Constructive delivery. — A "constructive delivery" occurs when the conduct of the
parties is such as to be inconsistent with any other supposition than that there has been
a change in the nature of the holding. State v. McHorse, 1973-NMCA-144, 85 N.M. 753,
517 P.2d 75.

Aiding actual transfer. — Testimony that seller handed marijuana to defendant, who in
turn handed it to undercover agent, was sufficient evidence of aiding and abetting
"actual transfer" of marijuana. State v. Montoya, 1974-NMCA-025, 86 N.M. 155, 520
P.2d 1100.
"Distributing" includes prescription for other than legitimate medical purpose. —
When a physician writes a prescription neither for a legitimate medical purpose nor in
the usual course of his professional practice, he is "distributing" drugs. State v. Carr,
1981-NMCA-029, 95 N.M. 755, 626 P.2d 292, cert. denied, 95 N.M. 669, 625 P.2d
1186, and cert. denied, 454 U.S. 853, 102 S. Ct. 298, 70 L. Ed. 2d 145 (1981),
overruled on other grounds by State v. Olguin, 1994-NMCA-050, 118 N.M. 91, 879 P.2d
92, aff'd in part, 1995-NMSC-077, 120 N.M. 740, 906 P.2d 731.

Agency not defense to distribution charge. — Court properly refused instructions
defining agency and telling the jury that if the accused had acted as agent for police
officers in obtaining heroin he could not be convicted of distributing it, since agency is
not a defense to a distribution charge. State v. Bustamante, 1978-NMCA-062, 91 N.M.
772, 581 P.2d 460.

Mailing as distribution. — Placing a controlled substance in the mail was a
constructive transfer which had the effect of turning the controlled substance over to an
agent for delivery and constituted a distribution. State v. McHorse, 1973-NMCA-144, 85
N.M. 753, 517 P.2d 75.

Distribution to minor. — Neither the federal constitution nor 18 U.S.C. § 1716 preempt
New Mexico jurisdiction over distribution of controlled substances to a minor through the
use of the mails. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75.

Subsection M virtually identical to USCA. — Subsection M of this section is virtually
identical to the definition of manufacturing found in the Uniform Controlled Substances
Act (1994). State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert.
denied, 2004-NMCERT-008, 136 N.M. 492, 100 P.3d 197.

Distribution not required from manufacturing. — There is nothing in the language of
Subsection M of this section to suggest that manufacturing requires distribution or an
intent to distribute. State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert.
denied, 2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197.

No personal use exception in Subsection M. — The legislature has not included
personal use as one of the exceptions specifically set forth in Subsection M of this
section. State v. Marshall, 2004-NMCA-104, 136 N.M. 240, 96 P.3d 801, cert. denied,
2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197.

Growing marijuana as manufacturer. — Defendant was a "manufacturer" of
marijuana within the contemplation of 54-7-2, 1953 Comp. (now repealed), by reason of
his being a grower and cultivator thereof. State v. Gonzales, 1967-NMCA-030, 78 N.M.
591, 435 P.2d 210; State v. Ortiz, 1967-NMCA-019, 78 N.M. 507, 433 P.2d 92 (decided
under former law, statute repealed).

Marijuana is not a narcotic drug under present statutes. State v. Mabrey, 1975-
NMCA-098, 88 N.M. 227, 539 P.2d 617.
Marijuana was formerly classified as narcotic. — Expert witness' identification of
substance as cannabis leaves, or a substance neither chemically or physically
distinguishable from cannabis, was sufficient evidence for jury to find that the substance
was a "narcotic drug" under former law. State v. Tapia, 1966-NMSC-245, 77 N.M. 168,
420 P.2d 436 (decided under prior law).

Cannabis sativa. — State was not required to show that the cannabis leaves were
sown or cultivated, as indicated by the name "sativa." State v. Tapia, 1966-NMSC-245,
77 N.M. 168, 420 P.2d 436 (decided under prior law).

Substances held identical. — Marijuana, cannabis indica and cannabis sativa L. have
been held to be identical as a matter of law. State v. Everidge, 1967-NMSC-035, 77
N.M. 505, 424 P.2d 787, cert. denied, sub nom. Greene v. United States, 386 U.S. 976,
87 S. Ct. 1171, 18 L. Ed. 2d 136 (1967); State v. Romero, 1964-NMSC-245, 74 N.M.
642, 397 P.2d 26 (decided before 1979 amendment).

"Marijuana" and "cannabis indica" are merely geographical oriented names of cannabis,
whereas "cannabis sativa L." is the botanical name of cannabis. State v. Romero, 1964-
NMSC-245, 74 N.M. 642, 397 P.2d 26 (decided before 1979 amendment).

"Mature stalks" of marijuana exempt. — Where expert testified that marijuana in
defendant's possession was a "mature stalk" which is specifically exempted under this
section, conviction for unlawful possession of marijuana could not be sustained. State v.
Benavidez, 1962-NMSC-137, 71 N.M. 19, 375 P.2d 333.

Cocaine may be classified as "narcotic". — The legislature can rationally classify
cocaine, a nonnarcotic central nervous system stimulant, as a narcotic for penalty and
regulatory purposes. State v. Chouinard, 1981-NMSC-096, 96 N.M. 658, 634 P.2d 680,
cert. denied, 456 U.S. 930, 102 S. Ct. 1980, 72 L. Ed. 2d 447 (1982).

Heroin is narcotic drug as matter of law. State v. Gonzales, 1974-NMCA-080, 86
N.M. 556, 525 P.2d 916, overruled on other grounds by State v. Bender, 1978-NMSC-
044, 91 N.M. 670, 579 P.2d 796 (decided under prior law).

Jury instruction. — Trial court did not err in instructing the jury, as a matter of law, that
heroin was a narcotic drug, since Subsection P (now Subsection O) of this section
includes opium and any derivative of opium within the definition of narcotic drug, and
30-31-6 NMSA 1978 lists heroin as one of the opium derivatives. State v. Romero,
1974-NMCA-015, 86 N.M. 99, 519 P.2d 1180.

A natural person is included within definition of "person." State v. Tucker, 1974-
NMCA-049, 86 N.M. 553, 525 P.2d 913, cert. denied, 86 N.M. 528, 525 P.2d 888; State
v. Romero, 1974-NMCA-015, 86 N.M. 99, 519 P.2d 1180; State v. McHorse, 1973-
NMCA-144, 85 N.M. 753, 517 P.2d 75.
"Prescription" construed. — If a written direction is not for a substance to be used in
treating illness, it is not a prescription as that term is used in the Controlled Substances
Act (30-31-1 NMSA 1978). State v. Carr, 1981-NMCA-029, 95 N.M. 755, 626 P.2d 292,
cert. denied, 95 N.M. 669, 625 P.2d 1186, and cert denied, 454 U.S. 853, 102 S. Ct.
298, 70 L. Ed. 2d 145 (1981), overruled on other grounds by State v. Olguin, 1994-
NMCA-050, 118 N.M. 91, 879 P.2d 92, aff'd in part, 1995-NMSC-077, 120 N.M. 740,
906 P.2d 731.

Drug paraphernalia guidelines adequately clear. — The guidelines present in
Subsection W (now Subsection V) are adequate to alert law enforcement officers as to
what activity is specifically proscribed. The General Stores, Inc. v. Bingaman, 695 F.2d
502 (10th Cir. 1982).

Drug paraphernalia. — The "intended for use" language in Subsection W (now
Subsection V) is applicable to the state of mind of the individual charged with the
offense of selling, distributing or displaying drug paraphernalia. The statutory definition
of "drug paraphernalia" is thus clear and provides notice of what is prohibited. The
General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982).

Drug paraphernalia descriptive materials. — Subsection W(13)(f) (now Subsection
V(13(f)), regarding descriptive materials accompanying an object, does not constitute a
chilling factor nor invade the right of free speech. Any effect on protected speech is
incidental. The General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir. 1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and
Poisons §§ 1, 2, 6, 8, 9, 10, 14 et seq., 33, 40, 43, 47, 48, 49, 54 et seq., 66, 67, 69, 72,
75, 76, 96, 98, 100, 120 et seq., 130, 136, 140, 141, 153, 161 et seq., 179 et seq., 191,
200, 206, 211, 212, 229 et seq.

Chemically synthesized LSD, STP, MDA or other hallucinogenic or psychedelic
substances as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1284.

Sufficiency of prosecution proof that substance defendant is charged with possessing or
selling, or otherwise unlawfully dealing in, is marijuana, 75 A.L.R.3d 717.

Competency of drug addict or user to identify suspect material as narcotic or controlled
substance, 95 A.L.R.3d 978.

28 C.J.S. Drugs and Narcotics § 1 et seq.
Notes of Decisions
Cited in 47 cases (6 in the last 5 years), 1979–2025 · leading case: State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981).
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). · cites it 38× ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
State v. Tidey, 2018 NMCA 14 (N.M. Ct. App. 2017). · cites it 13× “NMSA 1978 § 30-31-2(V) (2009). Neither the legislative definition nor Section 30-31-25.”
State v. Marshall, 96 P.3d 801 (N.M. Ct. App. 2004). · cites it 11× “As used in the Controlled Substances Act [30-31-1 NMSA 1978], “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978; (2) distribution, sale,…”
State v. McWhorter, 124 P.3d 215 (N.M. Ct. App. 2005). · cites it 19× “, “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2[.]” Schedule II lists methamphetamine as a controlled substance.”
State v. Almeida, 185 P.3d 1085 (N.M. Ct. App. 2008). · cites it 18× “NMSA 1978, § 30-31-2(V) (2002) (amended 2005 and 2006), defines “drug paraphernalia” as all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,…”
State v. Kent, 2006 NMCA 134 (N.M. Ct. App. 2006). · cites it 5× “The trafficking crime consists of “manufacture of any controlled substance enumerated in Schedules I through Y or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978.” NMSA 1978, § 30-31-20(A)(l) (1990) (amended 2006).”
State v. Nunez, 2 P.3d 264 (N.M. 1999). · cites it 4× “all drug paraphernalia as defined [in subsection (V) of the "Definitions" section of the Act, NMSA 1978, § 30-31-2 (1997) ]. (Emphasis added.”
State v. Brenn, 2005 NMCA 121 (N.M. Ct. App. 2005). · cites it 4× ““ ‘[Manufacture’ means the production, preparation, compounding, conversion or processing of a controlled substance .... ” NMSA 1978, § 30-31-2(M) (2002).”
State v. Shaulis-Powell, 986 P.2d 463 (N.M. Ct. App. 1999). · cites it 5× “As used in the Controlled Substances Act, “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978[.] “Manufacture” is defined in Section…”
State v. Stefani, 2006 NMCA 073 (N.M. Ct. App. 2006). · cites it 2× “See NMSA 1978, §§ 30-31-2,-20, -25.1. However, contrary to the State’s assertion, we cannot discern with certainty that the jury found that Defendant made meth based on the items in the meth lab, and possessed paraphernalia by possessing the pipe and syringes.”
State v. Wilson, 228 P.3d 490 (N.M. Ct. App. 2009). · cites it 2× “” A drug-free school zone was defined in the applicable 2005 version as “a public school or property that is used for public school purposes and the area within one thousand feet of the school property line, but it does not mean any post-secondary school.”
State v. Stefani, 2006 NMCA 73 (N.M. Ct. App. 2006). · cites it 2× “See NMSA 1978, §§ 30-31-2, -20, -25.1. However, contrary to the State's assertion, we cannot discern with certainty that the jury found that Defendant made meth based on the items in the meth lab, and possessed paraphernalia by possessing the pipe and syringes.”
— N.M. Stat. § 30-31-2(0) — 1 case
Ortiz v. Overland Express, 207 P.3d 1147 (N.M. Ct. App. 2009).
— N.M. Stat. § 30-31-2(1) — 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
— N.M. Stat. § 30-31-2(A) — 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
— N.M. Stat. § 30-31-2(C) — 1 case
State v. Bejar, 717 P.2d 591 (N.M. Ct. App. 1986).
— N.M. Stat. § 30-31-2(E) — 8 cases
State v. Garcia, 517 P.3d 281 (N.M. Ct. App. 2022).
State v. Centeno (N.M. Ct. App. 2018).
State v. Chavez (N.M. Ct. App. 2018).
State v. Garcia (N.M. Ct. App. 2022).
State v. Urquidez (N.M. Ct. App. 2019).
— N.M. Stat. § 30-31-2(G) — 4 cases
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
State v. Borja-Guzman, 912 P.2d 277 (N.M. Ct. App. 1996).
State v. Bello (N.M. Ct. App. 2017).
State v. Garcia (N.M. Ct. App. 2015).
— N.M. Stat. § 30-31-2(H) — 2 cases
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
— N.M. Stat. § 30-31-2(I) — 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
— N.M. Stat. § 30-31-2(J) — 2 cases
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
State v. Borja-Guzman, 912 P.2d 277 (N.M. Ct. App. 1996).
— N.M. Stat. § 30-31-2(M) — 5 cases
State v. Marshall, 96 P.3d 801 (N.M. Ct. App. 2004). “As used in the Controlled Substances Act [30-31-1 NMSA 1978], “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978; (2) distribution, sale,…”
State v. Kent, 2006 NMCA 134 (N.M. Ct. App. 2006). “The trafficking crime consists of “manufacture of any controlled substance enumerated in Schedules I through Y or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978.” NMSA 1978, § 30-31-20(A)(l) (1990) (amended 2006).”
State v. Brenn, 2005 NMCA 121 (N.M. Ct. App. 2005). ““ ‘[Manufacture’ means the production, preparation, compounding, conversion or processing of a controlled substance .... ” NMSA 1978, § 30-31-2(M) (2002).”
State v. Shaulis-Powell, 986 P.2d 463 (N.M. Ct. App. 1999). “As used in the Controlled Substances Act, “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978[.] “Manufacture” is defined in Section…”
State v. Pratt, 2005 NMCA 099 (N.M. Ct. App. 2005).
— N.M. Stat. § 30-31-2(N) — 1 case
State v. Arias, 427 P.3d 129 (N.M. Ct. App. 2018).
— N.M. Stat. § 30-31-2(O) — 1 case
Ortiz v. Overland Express, 207 P.3d 1147 (N.M. Ct. App. 2009).
— N.M. Stat. § 30-31-2(S) — 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
— N.M. Stat. § 30-31-2(T) — 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). ““[Djispenser”, means a practitioner who dispenses* * * * Section 30-31-2(1). “[Pjractitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act* * * * Section 30-31-2(S).”
— N.M. Stat. § 30-31-2(V) — 9 cases
State v. Tidey, 2018 NMCA 14 (N.M. Ct. App. 2017). “NMSA 1978 § 30-31-2(V) (2009). Neither the legislative definition nor Section 30-31-25.”
State v. McWhorter, 124 P.3d 215 (N.M. Ct. App. 2005). “, “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2[.]” Schedule II lists methamphetamine as a controlled substance.”
State v. Almeida, 185 P.3d 1085 (N.M. Ct. App. 2008). “NMSA 1978, § 30-31-2(V) (2002) (amended 2005 and 2006), defines “drug paraphernalia” as all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,…”
State v. Tidey (N.M. Ct. App. 2017).
State v. Benavidez (N.M. Ct. App. 2017).
— N.M. Stat. § 30-31-2(V)(1) — 2 cases
State v. Tidey, 2018 NMCA 14 (N.M. Ct. App. 2017). “NMSA 1978 § 30-31-2(V) (2009). Neither the legislative definition nor Section 30-31-25.”
State v. Tidey (N.M. Ct. App. 2017).
— N.M. Stat. § 30-31-2(V)(10) — 4 cases
State v. Almeida, 185 P.3d 1085 (N.M. Ct. App. 2008). “NMSA 1978, § 30-31-2(V) (2002) (amended 2005 and 2006), defines “drug paraphernalia” as all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,…”
State v. Tidey, 2018 NMCA 14 (N.M. Ct. App. 2017). “NMSA 1978 § 30-31-2(V) (2009). Neither the legislative definition nor Section 30-31-25.”
State v. Tidey (N.M. Ct. App. 2017).
State v. Baca (N.M. Ct. App. 2020).
— N.M. Stat. § 30-31-2(V)(12)(a) — 3 cases
State v. Moncayo, 521 P.3d 120 (N.M. Ct. App. 2022).
State v. Clifford (N.M. Ct. App. 2018).
State v. Moncayo (N.M. Ct. App. 2022).
— N.M. Stat. § 30-31-2(V)(13) — 3 cases
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001).
State v. McWhorter, 124 P.3d 215 (N.M. Ct. App. 2005). “, “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2[.]” Schedule II lists methamphetamine as a controlled substance.”
State v. Ramos (N.M. Ct. App. 2015).
— N.M. Stat. § 30-31-2(V)(13)(a) — 1 case
State v. McWhorter, 124 P.3d 215 (N.M. Ct. App. 2005). “, “traffic” means the: (1) manufacture of any controlled substance enumerated in Schedules I through V or any controlled substance analog as defined in Subsection W of Section 30-31-2[.]” Schedule II lists methamphetamine as a controlled substance.”
— N.M. Stat. § 30-31-2(V)(13)(c) — 1 case
State v. Almeida, 185 P.3d 1085 (N.M. Ct. App. 2008). “NMSA 1978, § 30-31-2(V) (2002) (amended 2005 and 2006), defines “drug paraphernalia” as all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,…”
— N.M. Stat. § 30-31-2(W) — 2 cases
State v. Newman, 696 P.2d 856 (Idaho 1985).
— N.M. Stat. § 30-31-2(Y) — 1 case
State v. Wilson, 228 P.3d 490 (N.M. Ct. App. 2009). “” A drug-free school zone was defined in the applicable 2005 version as “a public school or property that is used for public school purposes and the area within one thousand feet of the school property line, but it does not mean any post-secondary school.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.