Section 30-31A-2 - Definitions. - New Mexico Statutes

30-31A-2. Definitions.

As used in the Imitation Controlled Substances Act [30-31A-1 NMSA 1978]:

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.