0001|                            HOUSE BILL 401
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           JERRY LEE ALWIN
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTIONS OF THE
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0012|     NMSA 1978 TO CREATE A DRUG-FREE RESIDENTIAL ZONE.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 30-31-2 NMSA 1978 (being Laws 1972,
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0016|     Chapter 84, Section 2, as amended) is amended to read:
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0017|          "30-31-2.  DEFINITIONS.--As used in the Controlled
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0018|     Substances Act:
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0019|               A.  "administer" means the direct application of a
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0020|     controlled substance by any means to the body of a patient or
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0021|     research subject by a practitioner or his agent;
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0022|               B.  "agent" includes an authorized person who acts
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0023|     on behalf of a manufacturer, distributor or dispenser.  It does
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0024|     not include a common or contract carrier, public warehouseman
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0025|     or employee of the carrier or warehouseman;
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0001|               C.  "board" means the board of pharmacy;
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0002|               D.  "bureau" means the bureau of narcotics and
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0003|     dangerous drugs, United States department of justice, or its
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0004|     successor agency;
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0005|               E.  "controlled substance" means a drug or substance
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0006|     listed in Schedules I through V of the Controlled Substances
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0007|     Act or regulations adopted thereto;
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0008|               F.  "counterfeit substance" means a controlled
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0009|     substance that bears the unauthorized trademark, trade name,
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0010|     imprint, number, device or other identifying mark or likeness
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0011|     of a manufacturer, distributor or dispenser other than the
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0012|     person who in fact manufactured, distributed or dispensed the
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0013|     controlled substance;
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0014|               G.  "deliver" means the actual, constructive or
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0015|     attempted transfer from one person to another of a controlled
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0016|     substance or controlled substance analog, whether or not there
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0017|     is an agency relationship;
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0018|               H.  "dispense" means to deliver a controlled
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0019|     substance to an ultimate user or research subject pursuant to
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0020|     the lawful order of a practitioner, including the
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0021|     administering, prescribing, packaging, labeling or compounding
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0022|     necessary to prepare the controlled substance for that
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0023|     delivery;
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0024|               I.  "dispenser" means a practitioner who dispenses
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0025|     and includes hospitals, pharmacies and clinics where controlled
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0001|     substances are dispensed;
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0002|               J.  "distribute" means to deliver other than by
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0003|     administering or dispensing a controlled substance or
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0004|     controlled substance analog;
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0005|               K.  "drug" or "substance" means substances
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0006|     recognized as drugs in the official United States
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0007|     pharmacopoeia, official homeopathic pharmacopoeia of the United
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0008|     States <u>or</u> official national formulary or any respective
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0009|     supplement to <s>[these]</s> <u>those</u> publications.  It does not
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0010|     include devices or their components, parts or accessories;
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0011|               L.  "hashish" means the resin extracted from any
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0012|     part of marijuana, whether growing or not, and every compound,
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0013|     manufacture, salt, derivative, mixture or preparation of such
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0014|     resins;
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0015|               M.  "manufacture" means the production, preparation,
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0016|     compounding, conversion or processing of a controlled substance
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0017|     or controlled substance analog by extraction from substances of
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0018|     natural origin or independently by means of chemical synthesis
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0019|     or by a combination of extraction and chemical synthesis and
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0020|     includes any packaging or repackaging of the substance or
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0021|     labeling or relabeling of its container, except that this term
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0022|     does not include the preparation or compounding of a controlled
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0023|     substance:
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0024|                    (1)  by a practitioner as an incident to his
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0025|     administering or dispensing of a controlled substance in the
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0001|     course of his professional practice; or
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0002|                    (2)  by a practitioner, or by his agent under
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0003|     his supervision, for the purpose of or as an incident to
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0004|     research, teaching or chemical analysis and not for sale;
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0005|               N.  "marijuana" means all parts of the plant
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0006|     Cannabis, including any and all varieties, species and
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0007|     subspecies of the genus Cannabis, whether growing or not, the
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0008|     seeds thereof and every compound, manufacture, salt,
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0009|     derivative, mixture or preparation of the plant or its seeds. 
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0010|     It does not include the mature stalks of the plant, hashish,
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0011|     tetrahydrocannabinols extracted or isolated from marijuana,
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0012|     fiber produced from the stalks, oil or cake made from the seeds
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0013|     of the plant, any other compound, manufacture, salt, deriva-
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0014|     
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0015|     tive, mixture or preparation of the mature stalks, fiber, oil
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0016|     or cake, or the sterilized seed of the plant that is incapable
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0017|     of germination;
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0018|               O.  "narcotic drug" means any of the following,
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0019|     whether produced directly or indirectly by extraction from
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0020|     substances of vegetable origin or independently by means of
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0021|     chemical synthesis or by a combination of extraction and
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0022|     chemical synthesis:
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0023|                    (1)  opium and opiate and any salt, compound,
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0024|     derivative or preparation of opium or opiate;
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0025|                    (2)  any salt, compound, isomer, derivative or
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0001|     preparation that is a chemical equivalent of any of the
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0002|     substances referred to in Paragraph (1) of this subsection,
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0003|     except the isoquinoline alkaloids of opium;
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0004|                    (3)  opium poppy and poppy straw, including all
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0005|     parts of the plant of the species Papaver somniferum L. except
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0006|     its seeds; or
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0007|                    (4)  coca leaves and any salt, compound,
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0008|     derivative or preparation of coca leaves, any salt, compound,
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0009|     isomer, derivative or preparation that is a chemical equivalent
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0010|     of any of these substances except decocainized coca leaves or
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0011|     extractions of coca leaves that do not contain cocaine or
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0012|     <s>[ecogonine]</s> <u>ecgonine</u>;
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0013|               P.  "opiate" means any substance having an
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0014|     addiction-forming or addiction-sustaining liability similar to
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0015|     morphine or being capable of conversion into a drug having
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0016|     addiction-forming or addiction-sustaining liability.  Opiate
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0017|     does not include, unless specifically designated as controlled
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0018|     under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of
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0019|     3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
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0020|     "Opiate" does include its racemic and levorotatory forms;
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0021|               Q.  "person" includes a partnership, corporation,
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0022|     association, institution, political subdivision, government
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0023|     agency or other legal entity;
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0024|               R.  "practitioner" means a physician, dentist,
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0025|     veterinarian or other person licensed to prescribe and
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0001|     administer drugs that are subject to the Controlled Substances
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0002|     Act;
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0003|               S.  "prescription" means an order given individually
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0004|     for the person for whom is prescribed a controlled substance,
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0005|     either directly from the prescriber to the pharmacist or
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0006|     indirectly by means of a written order signed by the
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0007|     prescriber, <s>[and]</s> in accordance with the Controlled
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0008|     Substances Act or regulations adopted thereto;
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0009|               T.  "scientific investigator" means a person
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0010|     registered to conduct research with controlled substances in
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0011|     the course of his professional practice or research and
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0012|     includes analytical laboratories;
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0013|               U.  "ultimate user" means a person who lawfully
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0014|     possesses a controlled substance for his own use or for the use
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0015|     of a member of his household or for <s>[administering]</s>
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0016|     <u>administration</u> to an animal under the care, custody and
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0017|     control of the person or by a member of his household;
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0018|               V.  "drug paraphernalia" means all equipment,
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0019|     products and materials of any kind that are used, intended for
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0020|     use or designed for use in planting, propagating, cultivating,
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0021|     growing, harvesting, manufacturing, compounding, converting,
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0022|     producing, processing, preparing, testing, analyzing,
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0023|     packaging, repackaging, storing, containing, concealing,
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0024|     injecting, ingesting, inhaling or otherwise introducing into
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0025|     the human body a controlled substance or controlled substance
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0001|     analog in violation of the Controlled Substances Act.  It
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0002|     includes but is not limited to:
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0003|                    (1)  kits used, intended for use or designed
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0004|     for use in planting, propagating, cultivating, growing or
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0005|     harvesting any species of plant that is a controlled substance
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0006|     or controlled substance analog or from which a controlled
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0007|     substance can be derived;
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0008|                    (2)  kits used, intended for use or designed
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0009|     for use in manufacturing, compounding, converting, producing,
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0010|     processing or preparing controlled substances or controlled
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0011|     substance analogs;
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0012|                    (3)  isomerization devices used, intended for
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0013|     use or designed for use in increasing the potency of any
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0014|     species of plant that is a controlled substance;
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0015|                    (4)  testing equipment used, intended for use
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0016|     or designed for use in identifying or in analyzing the
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0017|     strength, effectiveness or purity of controlled substances or
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0018|     controlled substance analogs;
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0019|                    (5)  scales or balances used, intended for use
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0020|     or designed for use in weighing or measuring controlled
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0021|     substances or controlled substance analogs;
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0022|                    (6)  diluents and adulterants, such as quinine
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0023|     hydrochloride, mannitol, mannite dextrose and lactose, used,
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0024|     intended for use or designed for use in cutting controlled
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0025|     substances or controlled substance analogs;
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0001|                    (7)  separation gins and sifters used, intended
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0002|     for use or designed for use in removing twigs and seeds from or
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0003|     in otherwise cleaning and refining marijuana;
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0004|                    (8)  blenders, bowls, containers, spoons and
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0005|     mixing devices used, intended for use or designed for use in
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0006|     compounding controlled substances or controlled substance
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0007|     analogs;
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0008|                    (9)  capsules, balloons, envelopes and other
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0009|     containers used, intended for use or designed for use in
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0010|     packaging small quantities of controlled substances or
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0011|     controlled substance analogs;
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0012|                    (10)  containers and other objects used,
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0013|     intended for use or designed for use in storing or concealing
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0014|     controlled substances or controlled substance analogs;
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0015|                    (11)  hypodermic syringes, needles and other
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0016|     objects used, intended for use or designed for use in
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0017|     parenterally injecting controlled substances or controlled
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0018|     substance analogs into the human body;
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0019|                    (12)  objects used, intended for use or
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0020|     designed for use in ingesting, inhaling or otherwise
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0021|     introducing marijuana, cocaine, hashish or hashish oil into the
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0022|     human body, such as:
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0023|                         (a)  metal, wooden, acrylic, glass,
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0024|     stone, plastic or ceramic pipes, with or without screens,
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0025|     permanent screens, hashish heads or punctured metal bowls;
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0001|                         (b)  water pipes;
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0002|                         (c)  carburetion tubes and devices;
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0003|                         (d)  smoking and carburetion masks;
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0004|                         (e)  roach clips, meaning objects used to
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0005|     hold burning material, such as a marijuana cigarette, that has
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0006|     become too small to hold in the hand;
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0007|                         (f)  miniature cocaine spoons and cocaine
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0008|     vials;
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0009|                         (g)  chamber pipes;
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0010|                         (h)  carburetor pipes;
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0011|                         (i)  electric pipes;
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0012|                         (j)  air-driven pipes;
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0013|                         (k)  chilams;
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0014|                         (l)  bongs; or
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0015|                         (m)  ice pipes or chillers; and
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0016|                    (13)  in determining whether an object is drug
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0017|     paraphernalia, a court or other authority should consider, in
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0018|     addition to all other logically relevant factors, the
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0019|     following:
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0020|                         (a)  statements by the owner or by anyone
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0021|     in control of the object concerning its use;
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0022|                         (b)  the proximity of the object, in time
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0023|     and space, to a direct violation of the Controlled Substances
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0024|     Act or any other law relating to controlled substances or
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0025|     controlled substance analogs;
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0001|                         (c)  the proximity of the object to
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0002|     controlled substances or controlled substance analogs;
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0003|                         (d)  the existence of any residue of a
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0004|     controlled substance or controlled substance analog on the
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0005|     object;
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0006|                         (e)  instructions, written or oral,
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0007|     provided with the object concerning its use;
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0008|                         (f)  descriptive materials accompanying
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0009|     the object that explain or depict its use;
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0010|                         (g)  the manner in which the object is
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0011|     displayed for sale; and
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0012|                         (h)  expert testimony concerning its use;
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0013|               W.  "controlled substance analog" means a substance
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0014|     other than a controlled substance that has a chemical structure
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0015|     substantially similar to that of a controlled substance in
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0016|     Schedule I, II, III, IV or V or that was specifically designed
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0017|     to produce effects substantially similar to that of controlled
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0018|     substances in Schedule I, II, III, IV or V.  Examples of
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0019|     chemical classes in which controlled substance analogs are
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0020|     found include but are not limited to the following:
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0021|                    (1)  phenethylamines;
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0022|                    (2)  N-substituted piperidines;
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0023|                    (3)  morphinans;
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0024|                    (4)  <s>[ecogonines]</s> <u>ecgonines</u>;
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0025|                    (5)  quinazolinones;
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0001|                    (6)  substituted indoles; and
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0002|                    (7)  arylcycloalkylamines.
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0003|          Specifically excluded from the definition of "controlled
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0004|     substance analog" are those substances that are generally
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0005|     recognized as safe and effective within the meaning of the
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0006|     Federal Food, Drug and Cosmetic Act or have been manufactured,
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0007|     distributed or possessed in conformance with the provisions of
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0008|     an approved new drug application or an exemption for
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0009|     investigational use within the meaning of Section 505 of the
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0010|     Federal Food, Drug and Cosmetic Act; 
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0011|               X.  "human consumption" includes application,
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0012|     injection, inhalation, ingestion or any other manner of
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0013|     introduction whatsoever; <s>[and]</s>
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0014|               Y.  "drug-free school zone" means any public school
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0015|     or property that is used for public school purposes and the
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0016|     area within one thousand feet of the school property line, but
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0017|     it does not mean any post-secondary school; <u>and</u>
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0018|               <u>Z.  "drug-free residential zone" means a dwelling
</u>    |
<u></u>0019| <u>    designed and used as a residence, including manufactured homes,
</u>    |
<u></u>0020| <u>    condominiums and apartments, and the area within one thousand
</u>    |
<u></u>0021| <u>    feet of the exterior boundary of the dwelling.</u>"
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0022|          Section 2.  Section 30-31-20 NMSA 1978 (being Laws 1972,
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0023|     Chapter 84, Section 20, as amended) is amended to read:
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0024|          "30-31-20.  TRAFFICKING CONTROLLED SUBSTANCES--VIOLATION.-
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0025|     -
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0001|               A.  As used in the Controlled Substances Act,
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0002|     "traffic" means the:
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0003|                    (1)  manufacture of any controlled substance
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0004|     enumerated in Schedules I through V or any controlled substance
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0005|     analog as defined in Subsection W of Section 30-31-2 NMSA 1978;
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0006|                    (2)  distribution, sale, barter or giving away
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0007|     of any controlled substance enumerated in Schedule I or II that
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0008|     is a narcotic drug or a controlled substance analog of a
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0009|     controlled substance enumerated in Schedule I or II that is a
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0010|     narcotic drug; or
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0011|                    (3)  possession with intent to distribute any
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0012|     controlled substance enumerated in Schedule I or II that is a
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0013|     narcotic drug or controlled substance analog of a controlled
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0014|     substance enumerated in Schedule I or II that is a narcotic
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0015|     drug.
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0016|               B.  Except as authorized by the Controlled
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0017|     Substances Act, it is unlawful for any person to intentionally
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0018|     traffic.  Any person who violates this subsection is:
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0019|                    (1)  for the first offense, guilty of a second
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0020|     degree felony and shall be sentenced pursuant to the provisions
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0021|     of Section 31-18-15 NMSA 1978; and
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0022|                    (2)  for the second and subsequent offenses,
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0023|     guilty of a first degree felony and shall be sentenced pursuant
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0024|     to the provisions of Section 31-18-15 NMSA 1978.
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0025|               C.  Any person who knowingly violates Subsection B
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0001|     of this section within a drug-free school zone <s>[excluding
</s>    |
<s></s>0002| <s>    private property residentially zoned or used primarily as a
</s>    |
<s></s>0003| <s>    residence]</s> <u>or a drug-free residential zone</u> is guilty of a
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0004|     first degree felony and shall be sentenced pursuant to the
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0005|     provisions of Section 31-18-15 NMSA 1978."
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0006|          Section 3.  Section 30-31-22 NMSA 1978 (being Laws 1972,
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0007|     Chapter 84, Section 22, as amended) is amended to read:
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0008|          "30-31-22.  CONTROLLED OR COUNTERFEIT SUBSTANCES--
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0009|     DISTRIBUTION PROHIBITED.--
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0010|               A.  Except as authorized by the Controlled
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0011|     Substances Act, it is unlawful for any person to intentionally
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0012|     distribute or possess with intent to distribute a controlled
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0013|     substance or a controlled substance analog except a substance
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0014|     enumerated in Schedule I or II that is a narcotic drug or a
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0015|     controlled substance analog of a controlled substance
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0016|     enumerated in Schedule I or II that is a narcotic drug.  Any
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0017|     person who violates this subsection with respect to:
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0018|                    (1)  marijuana is:
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0019|                         (a)  <u></u>for the first offense, guilty of a
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0020|     fourth degree felony and shall be sentenced pursuant to the
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0021|     provisions of Section 31-18-15 NMSA 1978;
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0022|                         (b)  for the second and subsequent
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0023|     offenses, guilty of a third degree felony and shall be
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0024|     sentenced pursuant to the provisions of Section 31-18-15 NMSA
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0025|     1978;
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0001|                         (c)  for the first offense, if more than
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0002|     one hundred pounds is possessed with intent to distribute or
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0003|     distributed or both, guilty of a third degree felony and shall
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0004|     be sentenced pursuant to the provisions of Section 31-18-15
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0005|     NMSA 1978; and
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0006|                         (d)  for the second and subsequent
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0007|     offenses, if more than one hundred pounds is possessed with
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0008|     intent to distribute or distributed or both, guilty of a second
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0009|     degree felony and shall be sentenced pursuant to the provisions
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0010|     of Section 31-18-15 NMSA 1978;
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0011|              (2)  any other controlled substance enumerated in
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0012|     Schedule I, II, III or IV or a controlled substance analog of a
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0013|     controlled substance enumerated in Schedule I, II, III or IV
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0014|     except a substance enumerated in Schedule I or II that is a
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0015|     narcotic drug or a controlled substance analog of a controlled
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0016|     substance enumerated in Schedule I or II that is a narcotic
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0017|     drug, is:
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0018|                  (a)  for the first offense, guilty of a third
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0019|     degree felony and shall be sentenced pursuant to the provisions
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0020|     of Section 31-18-15 NMSA 1978; and
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0021|                  (b)  for the second and subsequent offenses,
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0022|     guilty of a second degree felony and shall be sentenced
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0023|     pursuant to the provisions of Section 31-18-15 NMSA 1978; and
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0024|              (3)  a controlled substance enumerated in
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0025|     Schedule V or a controlled substance analog of a controlled
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0001|     substance enumerated in Schedule V is guilty of a misdemeanor
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0002|     and shall be punished by a fine of not less than one hundred
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0003|     dollars ($100) or more than five hundred dollars ($500) or by
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0004|     imprisonment for a definite term not less than one hundred
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0005|     eighty days but less than one year, or both.
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0006|          B.  Except as authorized by the Controlled Substances
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0007|     Act, it is unlawful for any person to intentionally create or
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0008|     deliver, or possess with intent to deliver, a counterfeit
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0009|     substance.  Any person who violates this subsection with
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0010|     respect to:
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0011|              (1)  a counterfeit substance enumerated in
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0012|     Schedule I, II, III or IV is guilty of a fourth degree felony
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0013|     and shall be sentenced pursuant to the provisions of Section
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0014|     31-18-15 NMSA 1978; and
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0015|              (2)  a counterfeit substance enumerated in
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0016|     Schedule V is guilty of a petty misdemeanor and shall be
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0017|     punished by a fine of not more than one hundred dollars ($100)
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0018|     or by imprisonment for a definite term not to exceed six
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0019|     months, or both.
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0020|          C.  Any person who knowingly violates Subsection A or
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0021|     B of this section while within a drug-free school zone
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0022|     <s>[excluding private property residentially zoned or used
</s>    |
<s></s>0023| <s>    primarily as a residence]</s> <u>or a drug-free residential zone</u>
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0024|     with respect to:
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0025|              (1)  marijuana is:
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0001|                  (a)  <u></u>for the first offense, guilty of a
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0002|     third degree felony and shall be sentenced pursuant to the
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0003|     provisions of Section 31-18-15 NMSA 1978;
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0004|                  (b)  for the second and subsequent offenses,
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0005|     guilty of a second degree felony and shall be sentenced
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0006|     pursuant to the provisions of Section 31-18-15 NMSA 1978;
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0007|                  (c)  for the first offense, if more than one
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0008|     hundred pounds is possessed with intent to distribute or
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0009|     distributed or both, guilty of a second degree felony and shall
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0010|     be sentenced pursuant to the provisions of Section 31-18-15
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0011|     NMSA 1978; and
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0012|                  (d)  for the second and subsequent offenses,
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0013|     if more than one hundred pounds is possessed with intent to
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0014|     distribute or distributed or both, guilty of a first degree
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0015|     felony and shall be sentenced pursuant to the provisions of
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0016|     Section 31-18-15 NMSA 1978;
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0017|              (2)  any other controlled substance enumerated in
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0018|     Schedule I, II, III or IV or a controlled substance analog of a
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0019|     controlled substance enumerated in Schedule I, II, III or IV
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0020|     except a substance enumerated in Schedule I or II that is a
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0021|     narcotic drug or a controlled substance analog of a controlled
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0022|     substance <s>[emumerated]</s> <u>enumerated</u> in Schedule I or II that
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0023|     is a narcotic drug, is:
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0024|                  (a)  for the first offense, guilty of a
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0025|     second degree felony and shall be sentenced pursuant to the
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0001|     provisions of Section 31-18-15 NMSA 1978; and
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0002|                  (b)  for the second and subsequent offenses,
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0003|     guilty of a first degree felony and shall be sentenced pursuant
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0004|     to the provisions of Section 31-18-15 NMSA 1978;
    |
0005|              (3)  a controlled substance enumerated in
    |
0006|     Schedule V or a controlled substance analog of a controlled
    |
0007|     substance enumerated in Schedule V is guilty of a fourth degree
    |
0008|     felony and shall be sentenced pursuant to the provisions of
    |
0009|     Section 31-18-15 NMSA 1978; and
    |
0010|              (4)  the intentional creation, delivery or
    |
0011|     possession with the intent to deliver:
    |
0012|                  (a)  a counterfeit substance enumerated in
    |
0013|     Schedule I, II, III or IV is guilty of a third degree felony
    |
0014|     and shall be sentenced pursuant to the provisions of Section
    |
0015|     31-18-15 NMSA 1978; and
    |
0016|                  (b)  a counterfeit substance enumerated in
    |
0017|     Schedule V is guilty of a misdemeanor and shall be punished by
    |
0018|     a fine of not less than one hundred dollars ($100) nor more
    |
0019|     than five hundred dollars ($500) or by imprisonment for a
    |
0020|     definite term not less than one hundred eighty days but less
    |
0021|     than one year, or both.
    |
0022|          D.  Notwithstanding the provisions of Subsection A of
    |
0023|     this section, distribution of a small amount of marijuana for
    |
0024|     no remuneration shall be treated as provided in Paragraph (3)
    |
0025|     of Subsection B of Section 30-31-23 NMSA 1978."
    |
0001|      Section 4.  Section 30-31-23 NMSA 1978 (being Laws 1972,
    |
0002|     Chapter 84, Section 23, as amended by Laws 1990, Chapter 19,
    |
0003|     Section 5 and also by Laws 1990, Chapter 33, Section 1) is
    |
0004|     amended to read:
    |
0005|      "30-31-23.  CONTROLLED SUBSTANCES--POSSESSION PROHIBITED.-
    |
0006|     -
    |
0007|          A.  It is unlawful for any person intentionally to
    |
0008|     possess a controlled substance unless the substance was
    |
0009|     obtained pursuant to a valid prescription or order of a
    |
0010|     practitioner while acting in the course of his professional
    |
0011|     practice or except as otherwise authorized by the Controlled
    |
0012|     Substances Act.  It is unlawful for any person intentionally to
    |
0013|     possess a controlled substance analog.
    |
0014|          B.  Any person who violates this section with respect
    |
0015|     to:
    |
0016|              (1)  one ounce or less of marijuana is, for the
    |
0017|     first offense, guilty of a petty misdemeanor and shall be
    |
0018|     punished by a fine of not less than fifty dollars ($50.00) or
    |
0019|     more than one hundred dollars ($100) and by imprisonment for
    |
0020|     not more than fifteen days, and, for the second and subsequent
    |
0021|     offenses, guilty of a misdemeanor and shall be punished by a
    |
0022|     fine of not less than one hundred dollars ($100) or more than
    |
0023|     one thousand dollars ($1,000) or by imprisonment for a definite
    |
0024|     term less than one year, or both;
    |
0025|              (2)  more than one ounce and less than eight
    |
0001|     ounces of marijuana is guilty of a misdemeanor and shall be
    |
0002|     punished by a fine of not less than one hundred dollars ($100)
    |
0003|     or more than one thousand dollars ($1,000) or by imprisonment
    |
0004|     for a definite term less than one year, or both; or
    |
0005|              (3)  eight ounces or more of marijuana is guilty
    |
0006|     of a fourth degree felony and shall be sentenced pursuant to
    |
0007|     the provisions of Section 31-18-15 NMSA 1978.
    |
0008|          C.  Except for those substances listed in Subsection D
    |
0009|     of this section, any person who violates this section with
    |
0010|     respect to any amount of any controlled substance enumerated in
    |
0011|     Schedule I, II, III or IV or a controlled substance analog of a
    |
0012|     substance enumerated in Schedule I, II, III or IV is guilty of
    |
0013|     a misdemeanor and shall be punished by a fine of not less than
    |
0014|     five hundred dollars ($500) or more than one thousand dollars
    |
0015|     ($1,000) or by imprisonment for a definite term less than one
    |
0016|     year, or both.
    |
0017|          D.  Any person who violates this section with respect
    |
0018|     to phencyclidine as enumerated in Schedule III or a controlled
    |
0019|     substance analog of phencyclidine; methamphetamine, its salts,
    |
0020|     isomers or salts of isomers as enumerated in Schedule II or a
    |
0021|     controlled substance analog of methamphetamine, its salts,
    |
0022|     isomers or salts of isomers; or a narcotic drug enumerated in
    |
0023|     Schedule I or II or a controlled substance analog of a narcotic
    |
0024|     drug enumerated in Schedule I or II is guilty of a fourth
    |
0025|     degree felony and shall be sentenced pursuant to the provisions
    |
0001|     of Section 31-18-15 NMSA 1978.
    |
0002|          <u>E.  Any person who knowingly violates Subsection A of
</u>    |
<u></u>0003| <u>    this section while within a drug-free school zone or a drug-
</u>    |
<u></u>0004| <u>    free residential zone, excluding any person in or on a motor
</u>    |
<u></u>0005| <u>    vehicle in transit through the drug-free school zone or the
</u>    |
<u></u>0006| <u>    drug-free residential zone, with respect to:
</u>    |
<u></u>0007| <u>             (1)  one ounce or less of marijuana is, for the
</u>    |
<u></u>0008| <u>    first offense, guilty of a misdemeanor and shall be punished by
</u>    |
<u></u>0009| <u>    a fine of not less than one hundred dollars ($100) or more than
</u>    |
<u></u>0010| <u>    one thousand dollars ($1,000) or by imprisonment for a definite
</u>    |
<u></u>0011| <u>    term less than one year, or both, and for the second or
</u>    |
<u></u>0012| <u>    subsequent offense, is guilty of a fourth degree felony and
</u>    |
<u></u>0013| <u>    shall be sentenced pursuant to the provisions of Section
</u>    |
<u></u>0014| <u>    31-18-15 NMSA 1978;
</u>    |
<u></u>0015| <u>             (2)  more than one ounce and less than eight
</u>    |
<u></u>0016| <u>    ounces of marijuana is guilty of a fourth degree felony and
</u>    |
<u></u>0017| <u>    shall be sentenced pursuant to the provisions of Section
</u>    |
<u></u>0018| <u>    31-18-15 NMSA 1978;
</u>    |
<u></u>0019| <u>             (3)  eight ounces or more of marijuana is guilty
</u>    |
<u></u>0020| <u>    of a third degree felony and shall be sentenced pursuant to the
</u>    |
<u></u>0021| <u>    provisions of Section 31-18-15 NMSA 1978;
</u>    |
<u></u>0022| <u>             (4)  any amount of any other controlled substance
</u>    |
<u></u>0023| <u>    enumerated in Schedule I, II, III or IV or a controlled
</u>    |
<u></u>0024| <u>    substance analog of a substance enumerated in Schedule I, II,
</u>    |
<u></u>0025| <u>    III or IV, except phencyclidine as enumerated in Schedule III
</u>    |
<u></u>0001| <u>    or a narcotic drug enumerated in Schedule I or II or a
</u>    |
<u></u>0002| <u>    controlled substance analog of a narcotic drug enumerated in
</u>    |
<u></u>0003| <u>    Schedule I or II, is guilty of a fourth degree felony and shall
</u>    |
<u></u>0004| <u>    be sentenced pursuant to the provisions of Section 31-18-15
</u>    |
<u></u>0005| <u>    NMSA 1978; and
</u>    |
<u></u>0006| <u>             (5)  phencyclidine as enumerated in Schedule III
</u>    |
<u></u>0007| <u>    or a narcotic drug enumerated in Schedule I or II or a
</u>    |
<u></u>0008| <u>    controlled substance analog of phencyclidine or a controlled
</u>    |
<u></u>0009| <u>    substance analog of a narcotic drug enumerated in Schedule I or
</u>    |
<u></u>0010| <u>    II is guilty of a third degree felony and shall be sentenced
</u>    |
<u></u>0011| <u>    pursuant to the provisions of Section 31-18-15 NMSA 1978.</u>"
    |
0012|                                                         State of New Mexico
    |
0013|                      House of Representatives
    |
0014|   
    |
0015|                      FORTY-THIRD LEGISLATURE
    |
0016|                        FIRST SESSION, 1997
    |
0017|   
    |
0018|   
    |
0019|                                                   March 3, 1997
    |
0020|   
    |
0021|   
    |
0022|   Mr. Speaker:
    |
0023|   
    |
0024|    Your JUDICIARY COMMITTEE, to whom has been referred
    |
0025|   
    |
0001|                        HOUSE BILL 401
    |
0002|   
    |
0003|   has had it under consideration and reports same with
    |
0004|   recommendation that it DO PASS, amended as follows:
    |
0005|   
    |
0006|    1.  On page 11, line 11, between "public" and "school"
    |
0007|   insert "or private".
    |
0008|   
    |
0009|    2.  On page 11, line 12, strike "that is" and "public".
    |
0010|   
    |
0011|    3.  On page 11, lines 13 and 14, strike ", but it does not
    |
0012|   mean any post-secondary school".
    |
0013|   
    |
0014|    4.  On page 19, strike lines 20 through 25.
    |
0015|   
    |
0016|    5.  On page 20, strike lines 1 through 25.
    |
0017|   
    |
0018|    6.  On page 21, strike lines 1 through 3.,
    |
0019|   
    |
0020|   and thence referred to the APPROPRIATIONS AND FINANCE
    |
0021|   COMMITTEE.
    |
0022|   
    |
0023|                        Respectfully submitted,
    |
0024|   
    |
0025|   
    |
0001|   
    |
0002|                        <u>                                 
</u>    |
<u></u>0003| <u>                            </u>                         Thomas P. Foy, Chairman
    |
0004|   
    |
0005|   
    |
0006|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0007| <u>  </u>
    |
0008|        (Chief Clerk)                     (Chief Clerk)
    |
0009|   
    |
0010|                        Date <u>            </u>
    |
0011|   
    |
0012|   The roll call vote was<u> 11 </u> For<u> 0 </u> Against
    |
0013|   Yes:     11
    |
0014|            Excused: Rios, Sanchez
    |
0015|            Absent:  None
    |
0016|   
    |
0017|   
    |
0018|   .116463.1
    |
0019|   G:\BILLTEXT\BILLW_97\H0401                       State of New Mexico
    |
0020|                      House of Representatives
    |
0021|   
    |
0022|                      FORTY-THIRD LEGISLATURE
    |
0023|                        FIRST SESSION, 1997
    |
0024|   
    |
0025|   
    |
0001|                                                  March 18, 1997
    |
0002|   
    |
0003|   
    |
0004|   Mr. Speaker:
    |
0005|   
    |
0006|    Your APPROPRIATIONS AND FINANCE COMMITTEE, to
    |
0007|   whom has been referred
    |
0008|   
    |
0009|                  HOUSE BILL 401, as amended
    |
0010|                               
    |
0011|   has had it under consideration and reports same with
    |
0012|   recommendation that it DO PASS.
    |
0013|   
    |
0014|                        Respectfully submitted,
    |
0015|   
    |
0016|   
    |
0017|   
    |
0018|                        <u>                                 
</u>    |
<u></u>0019| <u>                            </u>                         Max Coll, Chairman
    |
0020|   
    |
0021|   
    |
0022|   Adopted <u>                    </u>    Not Adopted <u>                     
</u>    |
<u></u>0023| <u>  </u>
    |
0024|        (Chief Clerk)                     (Chief Clerk)
    |
0025|   
    |
0001|                        Date <u>            </u>
    |
0002|   
    |
0003|   The roll call vote was<u> 14 </u> For<u> 0 </u> Against
    |
0004|   Yes:     14
    |
0005|            Excused: Abeyta, Picraux, Salazar
    |
0006|            Absent:  None
    |
0007|   
    |
0008|   
    |
0009|   G:\BILLTEXT\BILLW_97\H0401
    |