Imitation Controlled Substances

NMSA 1978 ch. 30, art. 31A

in effect

NMSA 1978, § 30-31A-1 Short title

30-31A-1. Short title This act [30-31A-1 to 30-31A-15 NMSA 1978] may be cited as the "Imitation Controlled Substances Act". Laws 1983, ch. 148, § 1.

NMSA 1978, § 30-31A-2 Definitions

30-31A-2. Definitions As used in the Imitation Controlled Substances Act: A. "board" means the board of pharmacy; B. "controlled substance" means a substance as defined in Subsection E of Section 30-31-2 NMSA 1978; C. "distribute" means the sale or possession with the intent to sell of an imitation controlled substance; D. "imitation controlled substance" means a substance that is not a controlled substance which by dosage unit appearance, including color, shape, size and markings and by representations made would lead a reasonable person to believe that the substance is a controlled substance. The fact finder may consider: (1) statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect; (2) statements made to the recipient that the substance may be resold for inordinate profit; (3) whether the substance is packaged in a manner normally used for illicit controlled substances; (4) evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities; (5) prior convictions, if any, of the owner or anyone in control of the object, under state or federal law related to controlled substances or fraud; and (6) whether the physical appearance of the substance is substantially identical to a controlled substance; and E. "manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging or labeling or relabeling as an imitation controlled substance. Laws 1983, ch. 148, § 2.

NMSA 1978, § 30-31A-3 Duty to administer

30-31A-3. Duty to administer The board shall administer the Imitation Controlled Substances Act. Laws 1983, ch. 148, § 3.

NMSA 1978, § 30-31A-4 Manufacture, distribution [or possession] of imitation controlled substance

30-31A-4. Manufacture, distribution [or possession] of imitation controlled substance It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation controlled substance. Any person who violates the provisions of this section is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Laws 1983, ch. 148, § 4.

NMSA 1978, § 30-31A-5 Sale to a minor

30-31A-5. Sale to a minor No person who is eighteen years of age or older shall intentionally sell an imitation controlled substance to a person under the age of eighteen years. Any person who violates this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Laws 1983, ch. 148, § 5.

NMSA 1978, § 30-31A-6 Possession with intent to distribute an imitation controlled substance

30-31A-6. Possession with intent to distribute an imitation controlled substance It is unlawful for any person intentionally to possess an imitation controlled substance with the intent to distribute. Any person who violates this section is guilty of a fourth degree felony. Laws 1983, ch. 148, § 6.

NMSA 1978, § 30-31A-7 Advertisement

30-31A-7. Advertisement It is unlawful for any person to place in any newspaper, magazine, handbill or other publication, or to post or distribute in any place visible to the general public, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this section is guilty of a misdemeanor. Laws 1983, ch. 148, § 7.

NMSA 1978, § 30-31A-8 Defenses

30-31A-8. Defenses In any prosecution for unlawful delivery of an imitation controlled substance, it is no defense that the defendant believed the imitation controlled substance to be a controlled substance. Laws 1983, ch. 148, § 8.

NMSA 1978, § 30-31A-9 Forfeitures; property subject

30-31A-9. Forfeitures; property subject The following are subject to forfeiture: A. all raw materials, products and equipment of any kind that are used in the manufacturing, compounding or processing of any imitation controlled substance in violation of the Imitation Controlled Substances Act; B. all property that is used or intended for use as a container for property described in Subsection A of this section; and C. all books, records and research products and materials, including formulas, microfilm, tapes and data, that are used or intended for use in violation of the Imitation Controlled Substances Act. Laws 1983, ch. 148, § 9; 2015, ch. 152, § 19.

NMSA 1978, § 30-31A-10 Forfeiture; procedure

30-31A-10. Forfeiture; procedure The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture and disposal under the Imitation Controlled Substances Act. Laws 1983, ch. 148, § 10; 2002, ch. 4, § 16.

NMSA 1978, § 30-31A-11 Summary forfeiture

30-31A-11. Summary forfeiture Imitation controlled substances that are possessed, transferred, sold or offered for sale in violation of the Imitation Controlled Substances Act are contraband and shall be seized and summarily forfeited to the state. Laws 1983, ch. 148, § 11.

NMSA 1978, § 30-31A-12 Powers of enforcement personnel

30-31A-12. Powers of enforcement personnel Any officer or employee designated by the board or other law enforcement officer may: A. serve search warrants, arrest warrants and administrative inspection warrants; B. make arrests without warrant for any offense under the Imitation Controlled Substances Act committed in his presence or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of the Imitation Controlled Substances Act which may constitute a felony; or C. make seizures of property pursuant to the Imitation Controlled Substances Act. Laws 1983, ch. 148, § 12.

NMSA 1978, § 30-31A-13 Administrative inspections and warrants

30-31A-13. Administrative inspections and warrants Magistrate or metropolitan courts may issue administrative inspection warrants upon a showing of probable cause. Laws 1983, ch. 148, § 13.

NMSA 1978, § 30-31A-14 Injunctions

30-31A-14. Injunctions The district courts may exercise jurisdiction to restrain or enjoin violations of the Imitation Controlled Substances Act. Laws 1983, ch. 148, § 14.

NMSA 1978, § 30-31A-15 Immunity

30-31A-15. Immunity No civil or criminal liability shall be imposed by virtue of the Imitation Controlled Substances Act on any person registered under the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] who manufactures, distributes or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. Laws 1983, ch. 148, § 15.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026