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HB0072
HOUSE BILL 72
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Andrea Reeb
and
Elaine Sena Cortez
and
Luis M. Terrazas
AN ACT
RELATING TO CONTROLLED SUBSTANCES; PROVIDING A PENALTY FOR THE
DISTRIBUTION TO A MINOR OF A CONTROLLED SUBSTANCE ENUMERATED IN
SCHEDULE I OR SCHEDULE II.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
Section 30-31-21 NMSA 1978 (being Laws 1972,
Chapter 84, Section 21, as amended) is amended to read:
"30-31-21. DISTRIBUTION TO A MINOR.--
A.
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.
B. Except as provided in Subsection C of this
section
, 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:
(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.
C. A person who violates this section with respect
to a controlled substance enumerated in Schedule I or II that
is a narcotic drug or a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug, methamphetamine, its salts, isomers or salts of
isomers as enumerated in Schedule II or a controlled substance
analog of methamphetamine, its salts, isomers or salts of
isomers is guilty of a first degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978.
"
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