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New Mexico Statutes Chapter 30. Criminal Offenses § 30-31A-2. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-31A-2. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-31a-2/

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