HOUSE BILL 429
56th legislature - STATE OF NEW MEXICO - first session, 2023
Martin R. Zamora and Andrea Reeb and Andrea Romero
RELATING TO CORRECTIONS; INCLUDING CANNABIS IN THE DEFINITION OF "CONTRABAND"; PROHIBITING CANNABIS IN PLACES OF IMPRISONMENT; PROVIDING EXCEPTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-22-14 NMSA 1978 (being Laws 1976, Chapter 15, Section 1, as amended) is amended to read:
"30-22-14. BRINGING CONTRABAND INTO PLACES OF IMPRISONMENT--PENALTIES--DEFINITIONS.--
A. Bringing contraband into a prison consists of knowingly and voluntarily carrying, transporting or depositing contraband onto the grounds of the penitentiary of New Mexico or any other institution designated by the corrections department for the confinement of adult prisoners. Whoever commits bringing contraband into a prison is guilty of a third degree felony.
B. Bringing contraband into a jail consists of knowingly and voluntarily carrying contraband into the confines of a county or municipal jail. Whoever commits bringing contraband into a jail is guilty of a fourth degree felony.
C. As used in this section:
(1) "cannabis" means:
(a) all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not;
(b) the seeds of the plant;
(c) the resin extracted from any part of the plant; and
(d) every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or its resin;
(2) "cannabis extract":
(a) means a product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by approved extraction methods; and
(b) does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product;
(3) "cannabis product" means a product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients;
(4) "contraband" means:
[(1)] (a) a deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of duties;
[(2)] (b) currency brought onto the grounds of the institution for the purpose of transfer to a prisoner, but does not include currency carried into areas designated by the warden as areas for the deposit and receipt of currency for credit to a prisoner's account before contact is made with the prisoner;
[(3)] (c) an alcoholic beverage;
[(4)] (d) a controlled substance, as defined in the Controlled Substances Act, but does not include a controlled substance carried into a prison or jail through regular prison or jail channels and pursuant to the direction or prescription of a [regularly licensed physician; or] health care provider;
(e) cannabis, cannabis extract or cannabis products, but does not include cannabis, cannabis extract or cannabis products if carried into a prison or jail through regular prison or jail channels and pursuant to the direction or prescription of a health care provider; or
[(5)] (f) an electronic communication or recording device brought onto the grounds of the institution for the purpose of transfer to or use by a prisoner; and
[D. As used in this section] (5) "electronic communication or recording device" means any type of instrument, device, machine or equipment that is designed to transmit or receive telephonic, electronic, digital, cellular, satellite or radio signals or communications or that is designed to have sound or image recording abilities or any part or component of such instrument, device, machine or equipment. "Electronic communication or recording device" does not include a device that is or will be used by prison or jail personnel in the regular course of business or that is otherwise authorized by the warden.
[E.] D. Nothing in this section shall prohibit the use of hearing aids, voice amplifiers or other equipment necessary to aid prisoners who have documented hearing or speech deficiencies or their visitors. Rules for such devices shall be established by the warden or director of each jail, detention center and prison."
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