N.M. Stat. § 30-31-7 (2026)

A. The following controlled substances are included in Schedule II:

       (1)    any of the following substances, except those narcotic drugs listed in other
schedules, whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by combination of
extraction and chemical synthesis:
          (a) opium and opiate, and any salt, compound, derivative or preparation of
opium or opiate;

          (b) any salt, compound, isomer, derivative or preparation thereof that is
chemically equivalent or identical with any of the substances referred to in
Subparagraph (a) of this paragraph, but not including the isoquinoline alkaloids of
opium;

          (c) opium poppy and poppy straw; and

          (d) coca leaves and any salt, compound, derivative or preparation of coca
leaves, and any salt, compound, derivative or preparation thereof that is chemically
equivalent or identical with any of these substances, but not including decocainized
coca leaves or extractions that do not contain cocaine or ecgonine;

       (2)     any of the following opiates, including their isomers, esters, ethers, salts
and salts of isomers, whenever the existence of these isomers, esters, ethers and salts
is possible within the specific chemical designation:

          (a) alphaprodine;

          (b) anileridine;

          (c) bezitramide;

          (d) dihydrocodeine;

          (e) diphenoxylate;

          (f) fentanyl;

          (g) hydromorphone;

          (h) isomethadone;

          (i) levomethorphan;

          (j) levorphanol;

          (k) meperidine;

          (l) metazocine;

          (m)methadone;

          (n) methadone--intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
          (o) moramide--intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-
carboxylic acid;

          (p) oxycodone;

          (q) pethidine;

          (r) pethidine--intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine;

          (s) pethidine--intermediate--B, ethyl-4-phenyl-piperidine-4-carboxylate;

          (t) pethidine--intermediate--C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

          (u) phenazocine;

          (v) piminodine;

          (w) racemethorphan; and

          (x) racemorphan;

      (3)     unless listed in another schedule, any material, compound, mixture or
preparation that contains any quantity of the following substances having a potential for
abuse associated with a stimulant effect on the central nervous system:

          (a) amphetamine, its salts, optical isomers and salts of its optical isomers;

          (b) phenmetrazine and its salts;

          (c) methamphetamine, its salts, isomers and salts of isomers; and

          (d) methylphenidate; and

      (4)    controlled substances added to Schedule II by rule adopted by the board
pursuant to Section 30-31-3 NMSA 1978.

    B. Where methadone is prescribed, administered or dispensed by a practitioner of a
drug abuse rehabilitation program while acting in the course of the practitioner's
professional practice, or otherwise lawfully obtained or possessed by a person, such
person shall not possess such methadone beyond the date stamped or typed on the
label of the container of the methadone, nor shall any person possess methadone
except in the container in which it was originally administered or dispensed to such
person, and such container shall include a label showing the name of the prescribing
physician or practitioner, the identity of methadone, the name of the ultimate user, the
date when the methadone is to be administered to or used or consumed by the named
ultimate user shown on the label and a warning on the label of the methadone container
that the ultimate user must use, consume or administer to the ultimate user the
methadone in such container. Any person who violates this subsection is guilty of a
felony and shall be punished by imprisonment for not less than one year nor more than
five years, or by a fine of up to five thousand dollars ($5,000), or both.

History: 1953 Comp., § 54-11-7, enacted by Laws 1972, ch. 84, § 7; 1978, ch. 22, § 9;
1979, ch. 112, § 1; 2005, ch. 280, § 3; 2007, ch. 210, § 9; 2021 (1st S.S.), ch. 4, § 65.

                                     ANNOTATIONS

The 2021 (1st S.S.) amendment, effective June 29, 2021, removed marijuana,
tetrahydrocannabinols and chemical derivatives of tetrahydrocannabinols from the list of
Schedule II controlled substances; and in Subsection A, deleted Subparagraphs A(1)(e)
and A(1)(f).

The 2007 amendment, effective July 1, 2007, included in Schedule II marijuana,
tetrahydrocannabinols and its derivatives that are used by qualified patients pursuant to
the Lynn and Erin Compassionate Use Act.

The 2005 amendment, effective June 17, 2005, added Subsection A(4) to provide that
the board may by rule add controlled substances to Schedule II; deleted the former
provision in Subsection B that a drug abuse rehabilitation program was defined in
Section 26-2-13A(3) NMSA 1978.

Morphine. — Although the word "morphine" does not appear in the schedules in this
act, the trial court could properly take judicial notice that morphine is an opium
derivative under this section. State v. Yanez, 1976-NMCA-073, 89 N.M. 397, 553 P.2d
252.

Percodan. — Percodan is a Schedule II controlled substance. State v. Sanchez, 1979-
NMCA-133, 93 N.M. 596, 603 P.2d 335.

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 because of the similarity between cocaine and narcotic drugs in
terms of cocaine's potential for societal harm. Chouinard v. State, 1980-NMCA-168, 96
N.M. 783, 635 P.2d 986, rev'd on other grounds, 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).

Proof of abusive quantity of amphetamine not required. — The state need not
prove that an amphetamine alleged to have been sold by the defendant was of a
sufficient quantity to have a potential for abuse associated with a stimulant effect, since,
in Subsection A(3), the statutory words "having a potential for abuse" modify
"substances," not "any quantity." State v. Hernandez, 1986-NMCA-017, 104 N.M. 97,
717 P.2d 73, cert. denied, 103 N.M. 798, 715 P.2d 71; State v. Martinez, 1986-NMCA-
069, 104 N.M. 584, 725 P.2d 263.
Identification of cocaine by expert. — Expert testimony is not required to establish
that a witness sold cocaine to a defendant. State v. Rubio, 1990-NMCA-090, 110 N.M.
605, 798 P.2d 206.