A.   The board shall administer the Controlled Substances Act and may add by regulation substances to the list of substances enumerated in Schedules I through IV pursuant to the procedures of the Uniform Licensing Act [61-1-1 NMSA 1978].  In determining whether a substance has the potential for abuse, the board shall consider the following: 

(1)   the actual or relative abuse of the substance; 

(2)   the scientific evidence of the pharmacological effect of the substance, if known; 

(3)   the state of current scientific knowledge regarding the substance; 

(4)   the history and current pattern of abuse; 

(5)   the scope, duration and significance of abuse; 

(6)   the risk to the public health; and 

(7)   the potential of the substance to produce psychic or physiological dependence liability. 

B.   After considering the factors enumerated in Subsection A of this section, the board shall make findings and issue regulations controlling the substance if it finds the substance has a potential for abuse. 

C.   If any substance is designated as a controlled substance under federal law and notice is given to the board, the board may, by regulation, similarly control the substance under the Controlled Substances Act after providing for a hearing pursuant to the Uniform Licensing Act. 

D.   Authority to control under this section does not extend to distilled spirits, wine, malt beverages, tobacco or pesticides as defined in the Pesticide Control Act [76-6-1 NMSA 1978]. 

History: 1953 Comp., § 54-11-3, enacted by Laws 1972, ch. 84, § 3; 1989, ch. 177, § 20; 2006, ch. 16, § 1.