2019 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 31A - Imitation Controlled Substances
Section 30-31A-4 - Manufacture, distribution [or possession] of imitation controlled substance.

It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation controlled substance. Any person who violates the provisions of this section is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

History: Laws 1983, ch. 148, § 4.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Act not unconstitutionally vague or overbroad. — The language of this act clearly prohibits the manufacture, distribution, or possession with the intent to distribute a substance that looks like and is represented as being a controlled substance but is not, evincing a legislative intent to require general criminal intent while restricting from its reach those actions ordinarily deemed to be constitutionally protected. State v. Castleman, 1993-NMCA-019, 116 N.M. 467, 863 P.2d 1088, cert. quashed, 115 N.M. 796, 115 N.M. 796, 858 P.2d 1275.

Jury instruction on "transfer" proper. — Trial court did not err in employing the term "transfer" in charging the jury in a prosecution for violating this section, since it is not much broader than the term "sell". State v. Castleman, 1993-NMCA-019, 116 N.M. 467, 863 P.2d 1088, cert. quashed, 115 N.M. 795, 115 N.M. 796, 858 P.2d 1275.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of state statute regulating sale of counterfeit or imitation controlled substances, 84 A.L.R.4th 936.