New Mexico Statutes

N.M. Stat. § 43-2-3 (2026)

Policy of state regarding substance abuse.

✓ current as of May 2026

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It is the policy of this state that intoxicated and incapacitated persons may not be
subjected to criminal prosecution, but rather should be afforded protection. It is further
the policy of this state that alcohol-impaired persons and drug-impaired persons should
be afforded treatment in order that they may lead normal lives as productive members
of society.

History: 1978 Comp., § 43-2-3, enacted by Laws 1989, ch. 378, § 4; 2005, ch. 198, § 3.

ANNOTATIONS

Repeals and reenactments. — Laws 1989, ch. 378, § 4 repealed 43-2-3 NMSA 1978,
as amended by Laws 1989, ch. 378, § 1 and enacted a new section, effective July 1,
1991.

The 2005 amendment, effective July 1, 2005, provided that the policy of the state is
that incapacitated persons may not be subjected to criminal prosecution, that
intoxicated and incapacitated persons should be afforded protection and that alcohol-
impaired persons and drug-impaired persons should be afforded treatment.

Prosecution for disorderly conduct while intoxicated. — The Detoxification Reform
Act does not preclude criminal prosecution for disorderly conduct when the accused’s
conduct otherwise satisfies the statutory elements of the charge, regardless of whether
the offender is intoxicated. State v. Correa, 2009-NMSC-051, 147 N.M. 291, 222 P.3d 1.

Prosecution for battery upon a health care worker. — Where defendant was in
protective custody due to intoxication and while defendant was still intoxicated,
defendant committed a battery upon a health care worker, the Detoxification Reform Act
did not preclude criminal prosecution of defendant for battery upon a health care worker
under 30-3-9.2 NMSA 1978. State v. Tsosie, 2011-NMCA-115, 150 N.M. 754, 266 P.3d
34, cert. denied, 2011-NMCERT-010.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Prosecution of chronic alcoholic for
drunkenness offenses, 40 A.L.R.3d 321.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2009–2021 · leading case: State v. Correa, 222 P.3d 1 (N.M. 2009).

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State v. Correa, 222 P.3d 1 (N.M. 2009). · cites it 10× “NMSA 1978, § 43-2-3 (2005). {14} Under the pre-2005 version of the Act, it was clear that the Legislature intended to eliminate criminal prosecution for the act of consuming alcohol, and to prohibit statutes where drunkenness is an element of the offense.”

State v. Tsosie, 2011 NMCA 115 (N.M. Ct. App. 2011). · cites it 6× “Section 43-2-3. {15} In State v. Correa, 2009-NMSC-051, ¶ 6 , 147 N.”

State v. Valino, 2012 NMCA 105 (N.M. Ct. App. 2012). · cites it 3× “See § 43-2-3. The district court denied the motion.”

Milliron v. Cnty. of San Juan, 2016 NMCA 096 (N.M. Ct. App. 2016). “See § 43-2-3 (“It is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection.”

State v. Becenti, 2021 NMCA 060 (N.M. Ct. App. 2021). “{12} Considered alongside the stated purpose of the DRA, providing that “[i]t is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection[,]” § 43-2-3, we determine that similar to…”

State v. Smith (N.M. Ct. App. 2017). · cites it 2× “15 {6} Furthermore, to the extent Defendant contends that her arrest was contrary to 16 the purpose of the Detoxification Reform Act (DRA), we disagree.”

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.