30-31-3.  Duty to administer.

A. The board shall administer the Controlled Substances Act [30-31-1 NMSA 1978] and may add by regulation substances to the list of substances enumerated in Schedules I through IV [30-31-6 through 30-31-9 NMSA 1978] 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 [30-31-1 NMSA 1978] after providing for a hearing pursuant to the Uniform Licensing Act [61-1-1 NMSA 1978].

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 [76-4-1 NMSA 1978].