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Current as of January 01, 2024 | Updated by FindLaw Staff
A. As used in the Controlled Substances Act, “traffic” means the:
(1) manufacture of a controlled substance enumerated in Schedules I through V or a controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978;
(2) distribution, sale, barter or giving away of:
(a) a controlled substance enumerated in Schedule I or II that is a narcotic drug;
(b) a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or
(c) methamphetamine, its salts, isomers and salts of isomers; or
(3) possession with intent to distribute:
(a) a controlled substance enumerated in Schedule I or II that is a narcotic drug;
(b) controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or
(c) methamphetamine, its salts, isomers and salts of isomers.
B. Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally traffic. A person who violates this subsection is:
(1) for the first offense, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
(2) for the second and subsequent offenses, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. A person who knowingly violates Subsection B of this section within a drug-free school zone excluding private property residentially zoned or used primarily as a residence is guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-31-20. Trafficking controlled substances; violation - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-31-20/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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