CONTROLLED SUBSTANCE CONTINUING SENTENCING

SB0239

SENATE BILL 239

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO CRIME; PROVIDING CONTINUING SENTENCING JURISDICTION
TO THE COURT REGARDING CONVICTIONS FOR POSSESSING A CONTROLLED
SUBSTANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 30-31-23 NMSA 1978 (being Laws 1972,
Chapter 84, Section 23, as amended) is amended to read:

"30-31-23. CONTROLLED SUBSTANCES--POSSESSION
PROHIBITED.--

A. It is unlawful for a person intentionally to
possess a controlled substance unless the substance was
obtained pursuant to a valid prescription or order of a
practitioner while acting in the course of professional
practice or except as otherwise authorized by the Controlled
Substances Act. It is unlawful for a person intentionally to
possess a controlled substance analog.

B. A person who violates this section with respect
to:

(1) one ounce or less of synthetic
cannabinoids is, for the first offense, guilty of a petty
misdemeanor and shall be punished by a fine of not less than
fifty dollars ($50.00) or more than one hundred dollars ($100)
and by imprisonment for not more than fifteen days, and, for
the second and subsequent offenses, is guilty of a misdemeanor
and shall be punished by a fine of not less than one hundred
dollars ($100) or more than one thousand dollars ($1,000) or by
imprisonment for a definite term less than one year, or both;

(2) more than one ounce and less than eight
ounces of synthetic cannabinoids is guilty of a misdemeanor and
shall be punished by a fine of not less than one hundred
dollars ($100) or more than one thousand dollars ($1,000) or by
imprisonment for a definite term less than one year, or both;
or

(3) eight ounces or more of synthetic
cannabinoids is guilty of a fourth degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978.

C. A minor who violates this section with respect
to the substances listed in this subsection is guilty of a
petty misdemeanor and, notwithstanding the provisions of
Sections 32A-1-5 and 32A-2-19 NMSA 1978, shall be required to
perform no more than forty-eight hours of community service.
For the third or subsequent violation by a minor of this
section with respect to those substances, the provisions of
Section 32A-2-19 NMSA 1978 shall govern punishment of the
minor. As used in this subsection, "minor" means a person who
is less than eighteen years of age. The provisions of this
subsection apply to the following substances:

(1) synthetic cannabinoids;

(2) any of the substances listed in Paragraphs
(17) through (22) of Subsection C of Section 30-31-6 NMSA 1978;
or

(3) a substance added to Schedule I by a rule
of the board adopted on or after March 31, 2011 if the board
determines that the pharmacological effect of the substance,
the risk to the public health by abuse of the substance and the
potential of the substance to produce psychic or physiological
dependence liability is similar to the substances described in
Paragraph (1) or (2) of this subsection.

D. Except as provided in Subsections B and F of
this section, and for those substances listed in Subsection E
of this section, a person who violates this section with
respect to any amount of any controlled substance enumerated in
Schedule I, II, III or IV or a controlled substance analog of a
substance enumerated in Schedule I, II, III or IV is guilty of
a misdemeanor and shall be punished by a fine of not less than
five hundred dollars ($500) or more than one thousand dollars
($1,000) or by imprisonment for a definite term less than one
year, or both.

E. A person who violates this section with respect
to phencyclidine as enumerated in Schedule III or a controlled
substance analog of phencyclidine; 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; flunitrazepam, its salts, isomers
or salts of isomers as enumerated in Schedule I or a controlled
substance analog of flunitrazepam, including naturally
occurring metabolites, its salts, isomers or salts of isomers;
gamma hydroxybutyric acid and any chemical compound that is
metabolically converted to gamma hydroxybutyric acid, its
salts, isomers or salts of isomers as enumerated in Schedule I
or a controlled substance analog of gamma hydroxybutyric acid,
its salts, isomers or salts of isomers; gamma butyrolactone and
any chemical compound that is metabolically converted to gamma
hydroxybutyric acid, its salts, isomers or salts of isomers as
enumerated in Schedule I or a controlled substance analog of
gamma butyrolactone, its salts, isomers or salts of isomers; 1-4 butane diol and any chemical compound that is metabolically
converted to gamma hydroxybutyric acid, its salts, isomers or
salts of isomers as enumerated in Schedule I or a controlled
substance analog of 1-4 butane diol, its salts, isomers or
salts of isomers; or a narcotic drug enumerated in Schedule I
or II or a controlled substance analog of a narcotic drug
enumerated in Schedule I or II is guilty of a fourth degree
felony and shall be sentenced pursuant to the provisions of
Section 31-18-15 NMSA 1978.

F. Except for a minor as provided in Subsection C
of this section, a person who violates Subsection A of this
section while within a posted drug-free school zone, excluding
private property residentially zoned or used primarily as a
residence and excluding a person in or on a motor vehicle in
transit through the posted drug-free school zone, with respect
to:

(1) one ounce or less of synthetic
cannabinoids is, for the first offense, guilty of a misdemeanor
and shall be punished by a fine of not less than one hundred
dollars ($100) or more than one thousand dollars ($1,000) or by
imprisonment for a definite term less than one year, or both,
and for the second or subsequent offense, is guilty of a fourth
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978;

(2) more than one ounce and less than eight
ounces of synthetic cannabinoids is guilty of a fourth degree
felony and shall be sentenced pursuant to the provisions of
Section 31-18-15 NMSA 1978;

(3) eight ounces or more of synthetic
cannabinoids is guilty of a third degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978;

(4) any amount of any other controlled
substance enumerated in Schedule I, II, III or IV or a
controlled substance analog of a substance enumerated in
Schedule I, II, III or IV, except phencyclidine as enumerated
in Schedule III, a narcotic drug enumerated in Schedule I or II
or a controlled substance analog of a narcotic drug enumerated
in Schedule I or II, is guilty of a fourth degree felony and
shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978; and

(5) phencyclidine as enumerated in Schedule
III, a narcotic drug enumerated in Schedule I or II, a
controlled substance analog of phencyclidine or a controlled
substance analog of a narcotic drug enumerated in Schedule I or
II is guilty of a third degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978.

G. If a person's sentence pursuant to this section
was suspended or deferred in whole or in part and the person
violates any condition of probation, the court may impose any
sentence that the court could have originally imposed, and
credit shall not be given for time served by the person on
probation.
"