A. Controlled substances listed in Schedule I [30-31-6 NMSA 1978] or controlled substance analogs of substances listed in Schedule I that are possessed, transferred, sold or offered for sale in violation of the Controlled Substances Act [30-31-1 NMSA 1978] are contraband and shall be seized and summarily forfeited to the state.
B. Controlled substances listed in Schedule I [30-31-6 NMSA 1978] or controlled substance analogs of substances listed in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
C. Species of plants from which controlled substances in Schedules I and II [30-31-6 and 30-31-7 NMSA 1978] or controlled substance analogs of substances listed in Schedules I and II may be derived which have been planted or cultivated in violation of the Controlled Substances Act [30-31-1 NMSA 1978], or of which the owners or cultivators are unknown or which are wild growths, may be seized and summarily forfeited to the state.
HISTORY:
1953 54-11-35, enacted by Laws 1972, ch. 84, § 35; 1987, ch. 68, § 7.
Notes to Decisions
Contraband.
Summary forfeiture of contraband under 30-31-36 NMSA 1978 does not implicate double jeopardy, as contraband is property that is illegal in itself, regardless of how it was acquired, how it was used, or whether or not anyone even owns. No one has the right, under N.M. Const. art II § 4, to acquire, possess, or protect contraband. However, in the forfeiture of all other types of property under the Controlled Substances Act, 30-31-1 to 30-31-41 NMSA 1978, jeopardy attaches. State v. Nunez, 2000-NMSC-013, 2000-NMSC-013, 129 N.M. 63, 2 P.3d 264, 1999 N.M. LEXIS 388 (N.M. 1999).