Except as authorized by the Controlled Substances Act, no person who is eighteen years of age or older shall intentionally distribute a controlled substance to a person under the age of eighteen years. Any person who violates this section with respect to a controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of any controlled substance enumerated in Schedule I, II, III or IV is:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felonyup to 18 yearsup to $15,000
second degree felonyup to 9 yearsup to $10,000
For details, see N.M. Stat. Ann. § 31-18-15

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(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..