A. A person who manufactures, distributes or dispenses a controlled substance or who proposes to engage in the manufacture, distribution or dispensing of a controlled substance shall obtain a registration issued by the board in accordance with its regulations.
B. Persons registered by the board to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense, prescribe or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of the Controlled Substances Act.
C. The following persons need not register and may lawfully possess controlled substances:
(1) an agent of a registered manufacturer, distributor or dispenser of a controlled substance if the agent is acting in the usual course of the agent's principal's business or employment;
(2) a common or contract carrier or warehouseman, or an employee whose possession of a controlled substance is in the usual course of the common or contract carrier or warehouseman's business; or
(3) an ultimate user.
D. The board may waive by regulation the requirement for registration of certain manufacturers, distributors or dispensers if it is consistent with the public health and safety.
E. The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's regulations.
History: 1953 Comp., § 54-11-12, enacted by Laws 1972, ch. 84, § 12; 1975, ch. 346, § 1; 2002, ch. 55, § 1; 2009, ch. 72, § 1.
The 2009 amendment, effective July 1, 2009, in Subsection A, after "shall obtain", deleted "annually".
The 2002 amendment, effective May 15, 2002, in Subsection A, deleted the former second to fourth sentences, which related to the annual registration of practitioners by their respective examining and licensing authorities rather than directly by the board of pharmacy.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 69, 72, 75, 76.
28 C.J.S. Drugs and Narcotics § 29 et seq.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 31 - Controlled Substances
Section 30-31-1 - Short title.
Section 30-31-2 - Definitions.
Section 30-31-3 - Duty to administer.
Section 30-31-4 - Nomenclature.
Section 30-31-5 - Schedules; criteria.
Section 30-31-7 - Schedule II.
Section 30-31-8 - Schedule III.
Section 30-31-9 - Schedule IV.
Section 30-31-10 - Schedule V.
Section 30-31-11 - Regulations.
Section 30-31-12 - Registration requirements.
Section 30-31-13 - Registrations.
Section 30-31-14 - Revocation and suspension of registration.
Section 30-31-15 - Order to show cause.
Section 30-31-16 - Records of registrants.
Section 30-31-17 - Order forms.
Section 30-31-18 - Prescriptions.
Section 30-31-19 - Distributions by manufacturers or distributors.
Section 30-31-20 - Trafficking controlled substances; violation.
Section 30-31-21 - Distribution to a minor.
Section 30-31-22 - Controlled or counterfeit substances; distribution prohibited.
Section 30-31-23 - Controlled substances; possession prohibited.
Section 30-31-24 - Controlled substances; violations of administrative provisions.
Section 30-31-25 - Controlled substances; prohibited acts.
Section 30-31-26 - Penalties under other laws.
Section 30-31-27 - Bar to prosecution.
Section 30-31-27.1 - Overdose prevention; limited immunity.
Section 30-31-28 - Conditional discharge for possession as first offense.
Section 30-31-29 - Probationary period.
Section 30-31-30 - Powers of enforcement personnel.
Section 30-31-31 - Administrative inspections and warrants.
Section 30-31-32 - Administrative inspections.
Section 30-31-33 - Injunctions.
Section 30-31-34 - Forfeitures; property subject.
Section 30-31-35 - Forfeiture; procedure.
Section 30-31-36 - Summary forfeiture.
Section 30-31-37 - Burden of proof.
Section 30-31-38 - Cooperative duties of board.
Section 30-31-40 - Research; confidentiality.
Section 30-31-41 - Anabolic steroids; possession; distribution; penalties; notice.