The following controlled substances are included in Schedule IV:
A. any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) barbital;
(2) chloral betaine;
(3) chloral hydrate;
(4) ethchlorvynol;
(5) ethinamate;
(6) methohexital;
(7) meprobamate;
(8) methylphenobarbital;
(9) paraldehyde;
(10) petrichloral; or
(11) phenobarbital;
B. controlled substances added to Schedule IV by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978; and
C. the board may exempt by regulation any compound, mixture or preparation containing any depressant substance listed in Subsection A of this section from the application of all or any part of the Controlled Substances Act if the compound, mixture or preparation contains any active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
History: 1953 Comp., § 54-11-9, enacted by Laws 1972, ch. 84, § 9; 2005, ch. 280, § 5.
Compiler's notes. — For conditions under which the board may exempt certain compounds, mixtures or preparations enumerated in this section from the application of the Controlled Substances Act, see 30-31-10 NMSA 1978.
The 2005 amendment, effective June 17, 2005, added Subsection E to provide that the board may by rule add controlled substances to Schedule IV.
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.