(f) cannabicyclohexanol (CP 47, 497 and homologues: 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

(g) 6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) -6a,7,10, 10a-tetrahydrobenzo[c]chromen-1-ol);

(h) dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl ) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

(i) 1-pentyl-3-(4-chloro naphthoyl)indole;

(j) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone; and

(k) 5-(1,1-dimethylheptyl)-2-(3-hydroxy cyclohexyl)-phenol;

(20) 3,4-methylenedioxymethcathinone;

(21) 3,4-methylenedioxypyrovalerone;

(22) 4-methylmethcathinone;

(23) 4-methoxymethcathinone;

(24) 3-fluoromethcathinone; and

(25) 4-fluoromethcathinone;

D. the enumeration of peyote as a controlled substance does not apply to the use of peyote in bona fide religious ceremonies by a bona fide religious organization, and members of the organization so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the organization or its members shall comply with the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 USCS § 801 et seq.] and all other requirements of law;

E. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act [26-2A-1 NMSA 1978] or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978]; and

F. controlled substances added to Schedule I by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978.

Amendment Notes.

The 2005 amendment, effective June 17, 2005, added Paragraph F.

The 2007 amendment, effective July 1, 2007, in Subsection E, added “or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act”.

The 2011 amendment, effective March 31, 2011, added (C)(19) through (C)(25) and made related changes.

Severability clauses.

Laws 2007, ch. 210, § 11 provides for the severability of the Lynn and Erin Compassionate Use act if any part or application is held invalid, the remainder or its application to other situations or persons shall not be affected, furthermore, failure to promulgate rules or implement any provision of said act shall not interfere with the remaining protections provided by that act.

Notes to Decisions

Generally.

Applicability.

Construction with other law.

Controlled substances.

Generally.

Where defendant was a bona fide member of the Native American church, his use and possession of peyote was protected under 30-31-6 NMSA 1978 even though he was not Native American. United States v. Boyll, 774 F. Supp. 1333, 1991 U.S. Dist. LEXIS 13514 (D.N.M. 1991).

Amphetamines were considered a controlled substance under 30-31-7A(3)(a) NMSA 1978 where it was sold in sufficient quantity to have a possibility of abuse for a stimulant effect; it was unlawful for any person to intentionally distribute certain controlled substances listed in schedules, including amphetamines, pursuant to 30-31-6 to 30-31-10 NMSA 1978. State v. Hernandez, 1986-NMCA-017, 104 N.M. 97, 717 P.2d 73, 1986 N.M. App. LEXIS 589 (N.M. Ct. App. 1986).

“Purchase” of heroin necessarily includes the actual or constructive “possession” of heroin, and actual or constructive possession of heroin is a felony under 30-31-6 (Schedule I(B)(10)) and 30-31-23 NMSA 1978. State v. Montoya, 1980-NMSC-093, 94 N.M. 704, 616 P.2d 417, 1980 N.M. LEXIS 2721 (N.M. 1980).

Applicability.

Under 30-31-6 NMSA 1978, an exception is made to the drug laws for sacramental peyote use. Employment Div. v. Smith, 494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876, 1990 U.S. LEXIS 2021 (U.S. 1990).

Construction with other law.

The “purchase” of heroin necessarily includes the actual or constructive “possession” of heroin, and actual or constructive possession of heroin is a felony under the laws of New Mexico and therefore a conviction under the federal statute is a felony conviction for purposes of New Mexico’s Habitual Offender Act. State v. Montoya, 1980-NMSC-093, 94 N.M. 704, 616 P.2d 417, 1980 N.M. LEXIS 2721 (N.M. 1980).

Controlled substances.

Defendant’s conviction for possession of heroin with intent to distribute, a violation of former 54-11-20A, 1953 Comp. (now 30-31-6 NMSA 1978), needed to be affirmed despite defendant’s contention that there was no proof that the heroin was a narcotic drug as defined in the Controlled Substances Act; the court noted that the definition of narcotic drug in former 54-11-2(P), 1953 Comp. (now 30-31-5 NMSA 1978) encompassed heroin as an opium derivative. State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, 1973 N.M. App. LEXIS 760 (N.M. Ct. App.), cert. denied, 85 N.M. 483, 513 P.2d 1265, 1973 N.M. LEXIS 1350 (N.M. 1973).

Defendant’s conviction for possession of heroin with intent to distribute, a violation of former 54-11-20A, 1953 Comp. (now 30-31-6 NMSA 1978), needed to be affirmed despite defendant’s contention that he was improperly charged because there was a conflict between former 54-11-20A, 1953 Comp. (now 30-31-6 NMSA 1978), which included a narcotic drug, and former 54-11-22A, 1953 Comp. (now 30-31-7 NMSA 1978), which excepted a narcotic drug; the court explained that there was no conflict because former 54-11-22A, 1953 Comp. (now 30-31-7 NMSA 1978) provided for unlawful conduct in which other controlled substances were involved, exclusive of narcotic drugs enumerated under former 54-11-20 NMSA, 1953 Comp. (now 30-31-6 NMSA 1978). State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, 1973 N.M. App. LEXIS 760 (N.M. Ct. App.), cert. denied, 85 N.M. 483, 513 P.2d 1265, 1973 N.M. LEXIS 1350 (N.M. 1973).

Defenses.

Employer, who failed to hire a job applicant, could not claim that the applicant’s use of peyote, an illegal drug, precluded the employer from hiring the applicant as a truck driver because the applicant’s use of peyote in religious services was allowed by 30-31-6 NMSA 1978. Toledo v. Nobel-Sysco, Inc., 892 F.2d 1481, 1989 U.S. App. LEXIS 19539 (10th Cir. N.M. 1989), cert. denied, 495 U.S. 948, 110 S. Ct. 2208, 109 L. Ed. 2d 535, 1990 U.S. LEXIS 2671 (U.S. 1990).

Elements.

Heroin and phencyclidine are controlled substances, pursuant to 30-31-6B NMSA 1978 and 30-31-8B NMSA 1978. State v. Cervantes, 1979-NMCA-029, 92 N.M. 643, 593 P.2d 478, 1979 N.M. App. LEXIS 808 (N.M. Ct. App.), cert. denied, 92 N.M. 621, 593 P.2d 62, 1979 N.M. LEXIS 1431 (N.M. 1979).

Evidence.

—Sufficient.

Defendant’s conviction for selling heroin was affirmed under former 54-7-14, 1953 Comp. because there substantial evidence of guilt. State v. Rodriguez, 84 N.M. 60, 499 P.2d 378, 1972 N.M. App. LEXIS 806 (N.M. Ct. App. 1972).

Research References and Practice Aids

Cross references.

Controlled substances; possession prohibited, 30-31-23 NMSA 1978.

30-31-6. Schedule I.

Text

History

Annotations