§ 30-31-6 — Schedule I

New Mexico § 30-31-6

• Jurisdiction: New Mexico
• Ch. 30: Criminal Offenses
• Art. 31: Controlled Substances

Text

The following controlled substances are included in Schedule I: A. any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically exempted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: (1) acetylmethadol; (2) allylprodine; (3) alphacetylmethadol; (4) alphameprodine; (5) alphamethadol; (6) benzethidine; (7) betacetylmethadol; (8) betameprodine; (9) betamethadol; (10) betaprodine; (11) clonitazene; (12) dextromoramide; (13) dextrorphan; (14) diampromide; (15) diethylthiambutene; (16) dimenoxadol; (17) dimepheptanol; (18) dimethylthiambutene; (19) dioxaphetyl butyrate; (20) dipipanone; (21) ethylmethylthiambutene; (22) etonitazene; (23) etoxeridine; (24) furethidine; (25) hydroxypethidine; (26) ketobemidone; (27) levomoramide; (28) levophenacylmorphan; (29) morpheridine; (30) noracymethadol; (31) norlevorphanol; (32) normethadone; (33) norpipanone; (34) phenadoxone; (35) phenampromide; (36) phenomorphan; (37) phenoperidine; (38) piritramide; (39) proheptazine; (40) properidine; (41) racemoramide; and (42) trimeperidine; B. any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) acetorphine; (2) acetyldihydrocodeine; (3) benzylmorphine; (4) codeine methylbromide; (5) codeine-N-oxide; (6) cyprenorphine; (7) desomorphine; (8) dihydromorphine; (9) etorphine; (10) heroin; (11) hydromorphinol; (12) methyldesorphine; (13) methyldihydromorphine; (14) morphine methylbromide; (15) morphine methylsulfonate; (16) morphine-N-oxide; (17) myrophine; (18) nicocodeine; (19) nicomorphine; (20) normorphine; (21) pholcodine; and (22) thebacon; C. any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation: (1) 3,4-methylenedioxy amphetamine; (2) 5-methoxy-3,4-methylenedioxy amphetamine; (3) 3,4,5-trimethoxy amphetamine; (4) bufotenine; (5) diethyltryptamine; (6) dimethyltryptamine; (7) 4-methyl-2,5-dimethoxy amphetamine; (8) ibogaine; (9) lysergic acid diethylamide; (10) mescaline; (11) peyote, except as otherwise provided in the Controlled Substances Act; (12) N-ethyl-3-piperidyl benzilate; (13) N-methyl-3-piperidyl benzilate; (14) psilocybin, except as provided otherwise in the Controlled Substances Act and the Medical Psilocybin Act [26-2D-1 to 26-2D-11 NMSA 1978]; (15) psilocin, except as provided otherwise in the Controlled Substances Act and the Medical Psilocybin Act; (16) synthetic cannabinoids, including: (a) 1-[2-(4-(morpholinyl)ethyl]-3-(1-naphthoyl)indole; (b) 1-butyl-3-(1-napthoyl)indole; (c) 1-hexyl-3-(1-naphthoyl)indole; (d) 1-pentyl-3-(1-naphthoyl)indole; (e) 1-pentyl-3-(2-methoxyphenylacetyl) indole; (f) cannabicyclohexanol (CP 47, 497 and homologues: 5-(1,1- dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,1- dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; (g) 6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol); (h) dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (i) 1-pentyl-3-(4-chloro naphthoyl) indole; (j) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone; and (k) 5-(1,1-dimethylheptyl)-2-(3-hydroxy cyclohexyl)-phenol; (17) 3,4-methylenedioxymethcathinone; (18) 3,4-methylenedioxypyrovalerone; (19) 4-methylmethcathinone; (20) 4-methoxymethcathinone; (21) 3-fluoromethcathinone; and (22) 4-fluoromethcathinone; D. the enumeration of peyote as a controlled substance does not apply to the use of peyote in bona fide religious ceremonies by a bona fide religious organization, and members of the organization so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the organization or its members shall comply with the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 and all other requirements of law; E. the enumeration of psilocybin and psilocin in this schedule does not apply to their medical use as provided in the Medical Psilocybin Act; F. the enumeration of Schedule I controlled substances does not apply to: (1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture; (2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture; (3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act [Chapter 76, Article 24 NMSA 1978], by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment; or (4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment; and G. controlled substances added to Schedule I by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978.

Legislative History

1953 Comp., § 54-11-6, enacted by Laws 1972, ch. 84, § 6; 1978, ch. 22, § 8;