Except as authorized by the Controlled Substances Act, no person who is eighteen years of age or older shall intentionally distribute a controlled substance to a person under the age of eighteen years. Any person who violates this section with respect to a controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of any controlled substance enumerated in Schedule I, II, III or IV 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.
History: 1953 Comp., § 54-11-21, enacted by Laws 1972, ch. 84, § 21; 1974, ch. 9, § 2; 1980, ch. 23, § 2; 1987, ch. 68, § 3; 2021 (1st S.S.), ch. 4, § 66.
The 2021 (1st S.S.) amendment, effective June 29, 2021, removed the distribution of marijuana from the application of the section; and deleted former Subsection A and former subsection designation "B".
Constitutionality. — Sections 30-31-20 to 30-31-25 NMSA 1978, which define unlawful activities and provide penalties therefor, are not unconstitutional under N.M. Const., art. IV, § 16, because of the fact that "unlawful activities" are not mentioned in the title of the act. State v. Atencio, 1973-NMCA-110, 85 N.M. 484, 513 P.2d 1266, cert. denied, 85 N.M. 483, 513 P.2d 1265.
Greater penalty imposed on seller than on user. — The legislature clearly intended to impose greater penalties on the seller of a controlled substance than upon the user. State v. Sandoval, 1982-NMCA-091, 98 N.M. 417, 649 P.2d 485.
Distribution by mail. — Neither the federal constitution nor 18 U.S.C. § 1716 preempts New Mexico jurisdiction over distribution of controlled substances to a minor through the use of the mails. State v. McHorse, 1973-NMCA-144, 85 N.M. 753, 517 P.2d 75.
Law reviews. — For article, "The Confusing Law of Criminal Intent in New Mexico," see 5 N.M. L. Rev. 63 (1974).
For note and comment, "State v. Urioste: A Prosecutor's Dream and Defender's Nightmare," see 34 N.M. L. Rev. 517 (2004).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Giving, selling or prescribing dangerous drugs as contributing to the delinquency of a minor, 36 A.L.R.3d 1292.
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.