Terms Used In New Mexico Statutes 30-31-20

  • Felony: A crime carrying a penalty of more than a year in prison.

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.

History: 1953 Comp., § 54-11-20, enacted by Laws 1972, ch. 84, § 20; 1974, ch. 9, § 1; 1980, ch. 23, § 1; 1987, ch. 68, § 2; 1990, ch. 19, § 3; 2006, ch. 17, § 2.