This text of New Mexico § 30-31A-2 (Definitions) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
As used in the Imitation Controlled Substances Act: A. "board" means the board of pharmacy; B. "controlled substance" means a substance as defined in Subsection E of Section 30-31-2 NMSA 1978; C. "distribute" means the sale or possession with the intent to sell of an imitation controlled substance; D. "imitation controlled substance" means a substance that is not a controlled substance which by dosage unit appearance, including color, shape, size and markings and by representations made would lead a reasonable person to believe that the substance is a controlled substance. The fact finder may consider:
(1)statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect;
(2)statements made to the recipient that the subst
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As used in the Imitation Controlled Substances Act: A. "board" means the board of pharmacy; B. "controlled substance" means a substance as defined in Subsection E of Section 30-31-2 NMSA 1978; C. "distribute" means the sale or possession with the intent to sell of an imitation controlled substance; D. "imitation controlled substance" means a substance that is not a controlled substance which by dosage unit appearance, including color, shape, size and markings and by representations made would lead a reasonable person to believe that the substance is a controlled substance. The fact finder may consider: (1) statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect; (2) statements made to the recipient that the substance may be resold for inordinate profit; (3) whether the substance is packaged in a manner normally used for illicit controlled substances; (4) evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities; (5) prior convictions, if any, of the owner or anyone in control of the object, under state or federal law related to controlled substances or fraud; and (6) whether the physical appearance of the substance is substantially identical to a controlled substance; and E. "manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging or labeling or relabeling as an imitation controlled substance.