New Mexico Jury Instruction - Controlled Substances
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(b) a counterfeit substance enumerated in Schedule V is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for a definite term not less than one hundred eighty days but less than one year, or both.
Criminal Punishments for Possession of Controlled Substances Monetary fine between $100 to $1,000 for a first offense petty misdemeanor. Up to one year in jail and a fine for a full misdemeanor. Prison sentence not to exceed 18 months for fourth-degree felony.
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.
Trafficking controlled substances; violation. (c) methamphetamine, its salts, isomers and salts of isomers. (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.
Section 30-31A-6 - Possession with intent to distribute an imitation controlled substance. It is unlawful for any person intentionally to possess an imitation controlled substance with the intent to distribute. Any person who violates this section is guilty of a fourth degree felony.
It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a ...
§ 841(a)(1), commonly referred to as Possession With Intent to Distribute. Anyone who is found in possession of a large amount of counterfeit or controlled substances could be charged with this crime, which is a more serious offense than possession of controlled substances (a/k/a street drugs) for personal use.
