New Mexico Statutes 30-31-20. Trafficking controlled substances; violation
A. As used in the Controlled Substances Act, “traffic” means the:
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | up to 18 years | up to $15,000 |
| second degree felony | up to 9 years | up to $10,000 |
(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 N.M. Stat. Ann.;
(2) distribution, sale, barter or giving away of:
drug;
(a) a controlled substance enumerated in Schedule I or II that is a narcotic (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:
drug;
(a) a controlled substance enumerated in Schedule I or II that is a narcotic (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 N.M. Stat. Ann.; 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 N.M. Stat. Ann..
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 N.M. Stat. Ann..