2006 New Mexico Statutes - Section 30-31-34 — Forfeitures; property subject.

30-31-34. Forfeitures; property subject.

The following are subject to forfeiture:   

A.     all controlled substances and all controlled substance analogs which have been manufactured, distributed, dispensed or acquired in violation of the Controlled Substances Act [ 30-31-1 NMSA 1978];   

B.     all raw materials, products and equipment of any kind including firearms which are used or intended for use in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance or controlled substance analog in violation of the Controlled Substances Act [ 30-31-1 NMSA 1978];   

C.     all property which is used or intended for use as a container for property described in Subsection A or B of this section;   

D.     all conveyances, including aircraft, vehicles or vessels, which are used or intended for use to transport or in any manner to facilitate the transportation for the purpose of sale of property described in Subsection A or B of this section;   

E.     all books, records and research products and materials, including formulas, microfilm, tapes and data, which are used or intended for use in violation of the Controlled Substances Act [ 30-31-1 NMSA 1978];   

F.     narcotics paraphernalia or money which is a fruit or instrumentality of the crime;   

G.     notwithstanding Subsection D of this section:   

(1)     no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the Controlled Substances Act [ 30-31-1 NMSA 1978];   

(2)     no conveyance is subject to forfeiture under this section by reason of any act or omission established for the owner to have been committed or omitted without his knowledge or consent;   

(3)     a conveyance is not subject to forfeiture for a violation of law the penalty for which is a misdemeanor; and   

(4)     a forfeiture of a conveyance encumbered by a bona fide security interest shall be subject to the interest of a secured party if the secured party neither had knowledge of nor consented to the act or omission; and   

H.     all drug paraphernalia as defined by Subsection W[V] of Section 30-31-2 NMSA 1978.