N.M. Stat. » Chapter 30 — Criminal Offenses
New Mexico Statutes

N.M. Stat. § 30-31-24 (2026)

Controlled substances; violations of administrative

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provisions. A. It is unlawful for any person:

(1) who is subject to Sections 30-31-11 through 30-31-19 NMSA 1978 to intentionally distribute or dispense a controlled substance in violation of Section 30-31- 18 NMSA 1978;

(2) who is a registrant, to intentionally manufacture a controlled substance not authorized by his registration, or to intentionally distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;

(3) to intentionally refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the Controlled Substances Act; or

(4) to intentionally refuse an entry into any premises for any inspection authorized by the Controlled Substances Act.

B. Any person who violates this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

History: 1953 Comp., § 54-11-24, enacted by Laws 1972, ch. 84, § 24; 1974, ch. 9, § 5; 1980, ch. 23, § 5.

ANNOTATIONS

Title of act constitutionally adequate. — Sections 30-31-20 to 30-31-25 NMSA 1978, which define unlawful activities and provide penalties therefor, are not unconstitutional on the ground that "unlawful activities" are not mentioned in the title of the act. State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, cert. denied, 85 N.M. 483, 513 P.2d 1265.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 76, 191, 206.

State law criminal liability of licensed physician for prescribing or dispensing drug or similar controlled substance, 13 A.L.R.5th 1.

28 C.J.S. Drugs and Narcotics § 101 et seq.

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981).
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State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). · cites it 30× “In support of his contention that a physician who is prescribing a drug cannot be prosecuted under either the trafficking statute, § 30-31-20, or the distributing statute, § 30-31-22, defendant asserts that the Legislature has established parallel systems of regulating…”
N.M. Stat. § 30-31-24(A): 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). “In support of his contention that a physician who is prescribing a drug cannot be prosecuted under either the trafficking statute, § 30-31-20, or the distributing statute, § 30-31-22, defendant asserts that the Legislature has established parallel systems of regulating…”
N.M. Stat. § 30-31-24(A)(1): 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). “In support of his contention that a physician who is prescribing a drug cannot be prosecuted under either the trafficking statute, § 30-31-20, or the distributing statute, § 30-31-22, defendant asserts that the Legislature has established parallel systems of regulating…”
N.M. Stat. § 30-31-24(B): 1 case
State v. Carr, 626 P.2d 292 (N.M. Ct. App. 1981). “In support of his contention that a physician who is prescribing a drug cannot be prosecuted under either the trafficking statute, § 30-31-20, or the distributing statute, § 30-31-22, defendant asserts that the Legislature has established parallel systems of regulating…”
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