New Mexico Jury Instruction - Controlled Substances - Continuing Criminal Enterprise
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FAQ
In New Mexico, possession of any amount of drugs other than marijuana, including trace amounts detected in paraphernalia, carries a 4th degree felony penalty that can result in a prison sentence.
Ing to section 30-31-23 of New Mexico statutes, the intentional possession of a controlled substance such as marijuana, cocaine, meth, and heroin, is against the law.
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
Possession of Meth, Cocaine, and Heroin Drugs in New Mexico are classified ing to schedules. The schedules list controlled substances based on their potential for being abused, whether the drugs can be used for medicinal purposes and the extent of the physical and psychological damage abuse of the drug may cause.
The Controlled Substances Act (CSA) places all substances which were in some manner regulated under existing federal law into one of five schedules. This placement is based upon the substance's medical use, potential for abuse, and safety or dependence liability.
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.