§ 30-31-20 — Trafficking controlled substances; violation

A. As used in the Controlled Substances Act, "traffic" means the: (1) manufacture of a controlled substance enumerated in Schedules I through V or a controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978; (2) distribution, sale, barter or giving away of: (a) a controlled substance enumerated in Schedule I or II that is a narcotic drug; (b) a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or (c) methamphetamine, its salts, isomers and salts of isomers; or (3) possession with intent to distribute: (a) a controlled substance enumerated in Schedule I or II that is a narcotic drug; (b) controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or (c) methamphetamine, its salts, isomers and salts of isomers. B. Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally traffic. A person who violates this subsection is: (1) for the first offense, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and (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. C. A person who knowingly violates Subsection B of this section within a drug-free school zone excluding private property residentially zoned or used primarily as a residence is guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

Legislative History

1953 Comp., § 54-11-20, enacted by Laws 1972, ch. 84, § 20; 1974, ch. 9, § 1;