Except as authorized by the Controlled Substances Act [30-31-1 NMSA 1978], 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. marijuana is:
(1) for the first offense, guilty of a third 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 second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and
B. any other controlled substance enumerated in Schedules [Schedule] I, II, III or IV [30-31-6, 30-31-7, 30-31-8 or 30-31-9 NMSA 1978] or a controlled substance analog of any controlled substance enumerated in Schedule I, II, III or IV 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.
HISTORY:
1953 54-11-21, enacted by Laws 1972, ch. 84, § 21; 1974, ch. 9, § 2; 1980, ch. 23, § 2; 1987, ch. 68, § 3.
Notes to Decisions
Indictment.
A trial court erred in dismissing an indictment charging an individual with three counts of distributing a controlled substance to a person under 18 years of age because the individual’s action of placing a controlled substance in the mail constituted the distribution prohibited by statute, the fact that the individual may have violated a federal statute did not prevent the prosecution of the state statute violation, and the individual was a “person” within the meaning the the statute. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75, 1973 N.M. App. LEXIS 795 (N.M. Ct. App. 1973).
Research References and Practice Aids
Cross references.
Definitions, 30-42-3 NMSA 1978.