N.M. Stat. § 30-31-6 (2026)

The following controlled substances are included in Schedule I:

    A. any of the following opiates, including their isomers, esters, ethers, salts and
salts of isomers, esters and ethers, unless specifically exempted, whenever the
existence of these isomers, esters, ethers and salts is possible within the specific
chemical designation:

       (1)    acetylmethadol;

       (2)    allylprodine;

       (3)    alphacetylmethadol;

       (4)    alphameprodine;

       (5)    alphamethadol;

       (6)    benzethidine;

       (7)    betacetylmethadol;

       (8)    betameprodine;

       (9)    betamethadol;

       (10)   betaprodine;

       (11)   clonitazene;

       (12)   dextromoramide;
(13)   dextrorphan;

(14)   diampromide;

(15)   diethylthiambutene;

(16)   dimenoxadol;

(17)   dimepheptanol;

(18)   dimethylthiambutene;

(19)   dioxaphetyl butyrate;

(20)   dipipanone;

(21)   ethylmethylthiambutene;

(22)   etonitazene;

(23)   etoxeridine;

(24)   furethidine;

(25)   hydroxypethidine;

(26)   ketobemidone;

(27)   levomoramide;

(28)   levophenacylmorphan;

(29)   morpheridine;

(30)   noracymethadol;

(31)   norlevorphanol;

(32)   normethadone;

(33)   norpipanone;

(34)   phenadoxone;

(35)   phenampromide;
      (36)   phenomorphan;

      (37)   phenoperidine;

      (38)   piritramide;

      (39)   proheptazine;

      (40)   properidine;

      (41)   racemoramide; and

      (42)   trimeperidine;

    B. any of the following opium derivatives, their salts, isomers and salts of isomers,
unless specifically exempted, whenever the existence of these salts, isomers and salts
of isomers is possible within the specific chemical designation:

      (1)    acetorphine;

      (2)    acetyldihydrocodeine;

      (3)    benzylmorphine;

      (4)    codeine methylbromide;

      (5)    codeine-N-oxide;

      (6)    cyprenorphine;

      (7)    desomorphine;

      (8)    dihydromorphine;

      (9)    etorphine;

      (10)   heroin;

      (11)   hydromorphinol;

      (12)   methyldesorphine;

      (13)   methyldihydromorphine;

      (14)   morphine methylbromide;
      (15)   morphine methylsulfonate;

      (16)   morphine-N-oxide;

      (17)   myrophine;

      (18)   nicocodeine;

      (19)   nicomorphine;

      (20)   normorphine;

      (21)   pholcodine; and

      (22)   thebacon;

    C. any material, compound, mixture or preparation that contains any quantity of the
following hallucinogenic substances, their salts, isomers and salts of isomers, unless
specifically exempted, whenever the existence of these salts, isomers and salts of
isomers is possible within the specific chemical designation:

      (1)    3,4-methylenedioxy amphetamine;

      (2)    5-methoxy-3,4-methylenedioxy amphetamine;

      (3)    3,4,5-trimethoxy amphetamine;

      (4)    bufotenine;

      (5)    diethyltryptamine;

      (6)    dimethyltryptamine;

      (7)    4-methyl-2,5-dimethoxy amphetamine;

      (8)    ibogaine;

      (9)    lysergic acid diethylamide;

      (10)   mescaline;

      (11)   peyote, except as otherwise provided in the Controlled Substances Act;

      (12)   N-ethyl-3-piperidyl benzilate;

      (13)   N-methyl-3-piperidyl benzilate;
      (14) psilocybin, except as provided otherwise in the Controlled Substances Act
and the Medical Psilocybin Act [26-2D-1 to 26-2D-11 NMSA 1978];

      (15) psilocin, except as provided otherwise in the Controlled Substances Act
and the Medical Psilocybin Act;

      (16)   synthetic cannabinoids, including:

         (a) 1-[2-(4-(morpholinyl)ethyl]-3-(1-naphthoyl)indole;

         (b) 1-butyl-3-(1-napthoyl)indole;

         (c) 1-hexyl-3-(1-naphthoyl)indole;

         (d) 1-pentyl-3-(1-naphthoyl)indole;

         (e) 1-pentyl-3-(2-methoxyphenylacetyl) indole;

         (f) cannabicyclohexanol (CP 47, 497 and homologues: 5-(1,1-
dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,1-
dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

          (g) 6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);

         (h) dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

         (i) 1-pentyl-3-(4-chloro naphthoyl) indole;

         (j) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone; and

         (k) 5-(1,1-dimethylheptyl)-2-(3-hydroxy cyclohexyl)-phenol;

      (17)   3,4-methylenedioxymethcathinone;

      (18)   3,4-methylenedioxypyrovalerone;

      (19)   4-methylmethcathinone;

      (20)   4-methoxymethcathinone;

      (21)   3-fluoromethcathinone; and

      (22)   4-fluoromethcathinone;
   D. the enumeration of peyote as a controlled substance does not apply to the use of
peyote in bona fide religious ceremonies by a bona fide religious organization, and
members of the organization so using peyote are exempt from registration. Any person
who manufactures peyote for or distributes peyote to the organization or its members
shall comply with the federal Comprehensive Drug Abuse Prevention and Control Act of
1970 and all other requirements of law;

  E. the enumeration of psilocybin and psilocin in this schedule does not apply to their
medical use as provided in the Medical Psilocybin Act;

   F. the enumeration of Schedule I controlled substances does not apply to:

      (1)    hemp pursuant to rules promulgated by the board of regents of New
Mexico state university on behalf of the New Mexico department of agriculture;

       (2)    cultivation of hemp by persons pursuant to rules promulgated by the board
of regents of New Mexico state university on behalf of the New Mexico department of
agriculture;

        (3)     tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols,
including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with
concentrations of up to five percent as measured using a post-decarboxylation method
and based on percentage dry weight, possessed by a person in connection with the
cultivation, transportation, testing, researching, manufacturing or other processing of the
plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized
pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act [Chapter 76,
Article 24 NMSA 1978], by the board of regents of New Mexico state university on
behalf of the New Mexico department of agriculture or the department of environment;
or

       (4)     tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols,
including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any
concentration possessed by a person in connection with the extraction of
tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized
pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board
of regents of New Mexico state university on behalf of the New Mexico department of
agriculture or the department of environment; and

   G. controlled substances added to Schedule I by rule adopted by the board
pursuant to Section 30-31-3 NMSA 1978.

History: 1953 Comp., § 54-11-6, enacted by Laws 1972, ch. 84, § 6; 1978, ch. 22, § 8;
2005, ch. 280, § 2; 2007, ch. 210, § 8; 2011, ch. 16, § 1; 2017, ch. 139, § 2; 2017, ch.
140, § 3; 2018, ch. 41, § 1; 2019, ch. 116, § 10; 2021 (1st S.S.), ch. 4, § 64; 2025, ch.
73, § 13.
                                   ANNOTATIONS

Cross references. — For the Comprehensive Drug Abuse Prevention and Control Act
of 1970, see 21 U.S.C. § 801 et seq.

Compiler’s notes. — Laws 2018, ch. 41, § 2 provided that if acts making amendments
to Section 30-31-6 NMSA 1978 are enacted by the first and second sessions of the fifty-
third legislature, the provisions of those acts shall be reconciled and compiled in
accordance with the provisions of Section 12-1-8 NMSA 1978, notwithstanding that the
amendments were not made in the same session of the legislature. This section
includes language enacted by Laws 2017, ch. 139, § 2 and Laws 2017, ch. 140, § 3,
which were given force of law by the New Mexico Supreme Court in State of ex rel. New
Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of
New Mexico et al., S.Ct. Order No. S-1-SC-36731, which held that Article IV, Section 22
of the New Mexico Constitution requires that objections must accompany a returned bill,
and has been reconciled with Laws 2018, ch. 41, § 1 pursuant to Laws 2018, ch. 41, §
2.

The 2025 amendment, effective June 20, 2025, provided that the enumeration of
psilocybin and psilocin in the schedule does not apply to their medical use as provided
in the Medical Psilocybin Act, and removed the medical use of psilocybin and psilocin
from the list of Schedule 1 hallucinogens; in Subsection C, Paragraph C(14), after
"psilocybin" added "except as provided otherwise in the Controlled Substances Act and
the Medical Psilocybin Act" and in Paragraph C(15), after the paragraph designation,
deleted "psilocyn" and added "psilocin, except as provided otherwise in the Controlled
Substances Act and the Medical Psilocybin Act"; and added a new Subsection E and
redesignated former Subsections E and F as Subsections F and G, respectively.

The 2021 (1st S.S.) amendment, effective June 29, 2021, removed "marijuana",
"tetrahydrocannabinols" and "hashish" from the list of Schedule I controlled substances,
and made conforming amendments; in Subsection C, deleted Paragraph C(10) and
redesignated former Paragraphs C(11) through C(16) as Paragraphs C(10) through
C(15), respectively, deleted former Paragraphs C(17) and C(18) and redesignated
former Paragraphs C(19) through C(25) as Paragraphs C(16) through C(22),
respectively; and in Subsection E, after "the enumeration of", deleted "marijuana,
tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as", and deleted
former Paragraphs E(5) and E(6), which related to the use of marijuana,
tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols and the use,
dispensing and prescribing of prescription drugs that contain marijuana,
tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols.

The 2019 amendment, effective July 1, 2019, exempted hemp from the list of Schedule
I controlled substances; in Subsection E, Paragraph E(1), deleted "industrial", after
"hemp by", deleted "qualified entities" and added "persons", and after "pursuant to
rules", deleted "adopted by" and added "promulgated by the board of regents of New
Mexico state university on behalf of", and added new Paragraphs E(3) and E(4) and
redesignated former Paragraphs E(3) and E(4) as Paragraphs E(5) and E(6),
respectively.

The 2018 amendment, effective July 25, 2018, exempted the use, dispensing,
possession, prescribing, storage or transport of a prescription drug that the United
States food and drug administration has approved and that contains marijuana, a
tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol from
the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinol as Schedule I controlled substances; and in Subsection E, added
Paragraph E(4).

Laws 2018, ch. 41, § 3 provided that the effective date of the provisions of Laws 2018,
ch. 41, § 1 is thirty days following the date that the board of pharmacy certifies to the
New Mexico compilation commission and the director of the legislative council service
that the United States food and drug administration has approved one or more drugs
containing a marijuana derivative.

On June 26, 2018, the board of pharmacy certified to the New Mexico compilation
commission and the director of the legislative council service that on June 25, 2018, the
United States food and drug administration approved one or more drugs containing a
marijuana derivative. Pursuant to Laws 2018, ch. 41, § 3, the effective date of Laws
2018, ch. 41, §§ 1 and 2 is July 25, 2018.

2017 Amendments. — Laws 2017, ch. 140, § 3, effective June 16, 2017, specified that
the enumeration of marijuana, tetrahydrocannabinols, or chemical derivatives of
tetrahydrocannabinol as Schedule I controlled substances does not apply to cultivation
of industrial hemp by qualified entities pursuant to rules adopted by the New Mexico
department of agriculture; and added Paragraph E(1) and designated the remaining
language of Subsection E as Paragraph E(2).

Laws 2017, ch. 139, § 2, effective June 16, 2017, specified that the enumeration of
marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinol as
Schedule I controlled substances does not apply to industrial hemp, pursuant to rules
promulgated by the board of regents of New Mexico state university on behalf of the
New Mexico department of agriculture; and added Paragraph E(1) and designated the
remaining language of Subsection E as Paragraph E(2).

The 2011 amendment, effective March 31, 2011, in Paragraphs (19) through (25) of
Subsection C, added synthetic cannabinoids and other synthetic drugs to the list of
Schedule I controlled substances.

The 2007 amendment, effective July 1, 2007, amended Subsection E to exclude from
Schedule I marijuana that is used by qualified patients pursuant to the Lynn and Erin
Compassionate Use Act.
The 2005 amendment, effective June 17, 2005, added Subsection F to provide that the
board may by rule add controlled substances to Schedule I.

Sufficient evidence that chemicals were synthetic cannabinoids. — Where
defendant was convicted of trafficking methamphetamine and distribution of synthetic
cannabinoids based on evidence that an accomplice, at the direction of defendant,
delivered methamphetamine and the chemicals PB-22 and 5F-PB22 hidden in
deodorant sticks to an inmate confined in the Curry county detention center, and where
defendant claimed that the state failed to prove that the substances were synthetic
cannabinoids because the particular chemicals were not listed as controlled substances
under the New Mexico Controlled Substances Act (CSA), there was sufficient evidence
to establish beyond a reasonable doubt that the chemicals collected from the deodorant
sticks were "synthetic cannabinoids" within the meaning of this section where the state
presented testimony from an expert in forensic chemistry that the chemicals PB-22 and
5F-PB22 are categorized as synthetic cannabinoids because while completely
synthetic, the chemicals mimic the effects of cannabis. State v. Salazar, 2018-NMCA-
030, cert. denied.

Insufficient evidence that substance was synthetic cannabinoid. — Where
defendant was arrested and charged with a single count of possession of synthetic
cannabinoids, and where defendant claimed that there was insufficient evidence to
support his conviction because the state failed to meet its burden of proving that the
substance in his possession was a synthetic cannabinoid, there was insufficient
evidence to support defendant's conviction where the state failed to introduce evidence
that scientific testing was ever done to determine what chemicals were present in or
applied to the substance found in defendant's possession, and therefore could not prove
that the substance contained a chemical that falls either into one of the classes of
chemicals listed in a statute or regulation or within the neurochemical definition of
synthetic cannabinoid. State v. Arias, 2018-NMCA-057.

Law reviews. — For discussion of Indian law concerning peyote's use for religious
purposes, see 18 N.M.L. Rev. 403 (1988).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Competency of drug addict or user to
identify suspect material as narcotic or controlled substance, 95 A.L.R.3d 978.