SB 239

                                1  SENATE BILL 239
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Joseph Cervantes
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CRIME; PROVIDING CONTINUING SENTENCING JURISDICTION
                                12   TO THE COURT REGARDING CONVICTIONS FOR POSSESSING A CONTROLLED
                                13   SUBSTANCE.
                                14
                                15   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                16        SECTION 1.     Section 30-31-23 NMSA 1978 (being Laws 1972,
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                                17   Chapter 84, Section 23, as amended) is amended to read:
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                                18        "30-31-23.     CONTROLLED SUBSTANCES--POSSESSION
                                19   PROHIBITED.--
                                20  A.   It is unlawful for a person intentionally to
                                21   possess a controlled substance unless the substance was
                                22   obtained pursuant to a valid prescription or order of a
                                23   practitioner while acting in the course of professional
                                24   practice or except as otherwise authorized by the Controlled
                                25   Substances Act.     It is unlawful for a person intentionally to
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                                1    possess a controlled substance analog.
                                2  B.   A person who violates this section with respect
                                3    to:
                                4  (1)   one ounce or less of synthetic
                                5    cannabinoids is, for the first offense, guilty of a petty
                                6    misdemeanor and shall be punished by a fine of not less than
                                7    fifty dollars ($50.00) or more than one hundred dollars ($100)
                                8    and by imprisonment for not more than fifteen days, and, for
                                9    the second and subsequent offenses, is guilty of a misdemeanor
                                10   and shall be punished by a fine of not less than one hundred
                                11   dollars ($100) or more than one thousand dollars ($1,000) or by
                                12   imprisonment for a definite term less than one year, or both;
                                13  (2)   more than one ounce and less than eight
                                14   ounces of synthetic cannabinoids is guilty of a misdemeanor and
                                15   shall be punished by a fine of not less than one hundred
                                16   dollars ($100) or more than one thousand dollars ($1,000) or by
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                                17   imprisonment for a definite term less than one year, or both;
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                                18   or
                                19  (3)   eight ounces or more of synthetic
                                20   cannabinoids is guilty of a fourth degree felony and shall be
                                21   sentenced pursuant to the provisions of Section 31-18-15 NMSA
                                22   1978.
                                23  C.   A minor who violates this section with respect
                                24   to the substances listed in this subsection is guilty of a
                                25   petty misdemeanor and, notwithstanding the provisions of
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                                1    Sections 32A-1-5 and 32A-2-19 NMSA 1978, shall be required to
                                2    perform no more than forty-eight hours of community service.
                                3    For the third or subsequent violation by a minor of this
                                4    section with respect to those substances, the provisions of
                                5    Section 32A-2-19 NMSA 1978 shall govern punishment of the
                                6    minor.   As used in this subsection, "minor" means a person who
                                7    is less than eighteen years of age.   The provisions of this
                                8    subsection apply to the following substances:
                                9  (1)   synthetic cannabinoids;
                                10  (2)   any of the substances listed in Paragraphs
                                11   (17) through (22) of Subsection C of Section 30-31-6 NMSA 1978;
                                12   or
                                13  (3)   a substance added to Schedule I by a rule
                                14   of the board adopted on or after March 31, 2011 if the board
                                15   determines that the pharmacological effect of the substance,
                                16   the risk to the public health by abuse of the substance and the
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                                17   potential of the substance to produce psychic or physiological
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                                18   dependence liability is similar to the substances described in
                                19   Paragraph (1) or (2) of this subsection.
                                20  D.   Except as provided in Subsections B and F of
                                21   this section, and for those substances listed in Subsection E
                                22   of this section, a person who violates this section with
                                23   respect to any amount of any controlled substance enumerated in
                                24   Schedule I, II, III or IV or a controlled substance analog of a
                                25   substance enumerated in Schedule I, II, III or IV is guilty of
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                                1    a misdemeanor and shall be punished by a fine of not less than
                                2    five hundred dollars ($500) or more than one thousand dollars
                                3    ($1,000) or by imprisonment for a definite term less than one
                                4    year, or both.
                                5  E.     A person who violates this section with respect
                                6    to phencyclidine as enumerated in Schedule III or a controlled
                                7    substance analog of phencyclidine; methamphetamine, its salts,
                                8    isomers or salts of isomers as enumerated in Schedule II or a
                                9    controlled substance analog of methamphetamine, its salts,
                                10   isomers or salts of isomers; flunitrazepam, its salts, isomers
                                11   or salts of isomers as enumerated in Schedule I or a controlled
                                12   substance analog of flunitrazepam, including naturally
                                13   occurring metabolites, its salts, isomers or salts of isomers;
                                14   gamma hydroxybutyric acid and any chemical compound that is
                                15   metabolically converted to gamma hydroxybutyric acid, its
                                16   salts, isomers or salts of isomers as enumerated in Schedule I
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                                17   or a controlled substance analog of gamma hydroxybutyric acid,
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                                18   its salts, isomers or salts of isomers; gamma butyrolactone and
                                19   any chemical compound that is metabolically converted to gamma
                                20   hydroxybutyric acid, its salts, isomers or salts of isomers as
                                21   enumerated in Schedule I or a controlled substance analog of
                                22   gamma butyrolactone, its salts, isomers or salts of isomers; 1-
                                23   4 butane diol and any chemical compound that is metabolically
                                24   converted to gamma hydroxybutyric acid, its salts, isomers or
                                25   salts of isomers as enumerated in Schedule I or a controlled
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                                1    substance analog of 1-4 butane diol, its salts, isomers or
                                2    salts of isomers; or a narcotic drug enumerated in Schedule I
                                3    or II or a controlled substance analog of a narcotic drug
                                4    enumerated in Schedule I or II is guilty of a fourth degree
                                5    felony and shall be sentenced pursuant to the provisions of
                                6    Section 31-18-15 NMSA 1978.
                                7  F.   Except for a minor as provided in Subsection C
                                8    of this section, a person who violates Subsection A of this
                                9    section while within a posted drug-free school zone, excluding
                                10   private property residentially zoned or used primarily as a
                                11   residence and excluding a person in or on a motor vehicle in
                                12   transit through the posted drug-free school zone, with respect
                                13   to:
                                14  (1)   one ounce or less of synthetic
                                15   cannabinoids is, for the first offense, guilty of a misdemeanor
                                16   and shall be punished by a fine of not less than one hundred
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                                17   dollars ($100) or more than one thousand dollars ($1,000) or by
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                                18   imprisonment for a definite term less than one year, or both,
                                19   and for the second or subsequent offense, is guilty of a fourth
                                20   degree felony and shall be sentenced pursuant to the provisions
                                21   of Section 31-18-15 NMSA 1978;
                                22  (2)   more than one ounce and less than eight
                                23   ounces of synthetic cannabinoids is guilty of a fourth degree
                                24   felony and shall be sentenced pursuant to the provisions of
                                25   Section 31-18-15 NMSA 1978;
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                                1  (3)   eight ounces or more of synthetic
                                2    cannabinoids is guilty of a third degree felony and shall be
                                3    sentenced pursuant to the provisions of Section 31-18-15 NMSA
                                4    1978;
                                5  (4)   any amount of any other controlled
                                6    substance enumerated in Schedule I, II, III or IV or a
                                7    controlled substance analog of a substance enumerated in
                                8    Schedule I, II, III or IV, except phencyclidine as enumerated
                                9    in Schedule III, a narcotic drug enumerated in Schedule I or II
                                10   or a controlled substance analog of a narcotic drug enumerated
                                11   in Schedule I or II, is guilty of a fourth degree felony and
                                12   shall be sentenced pursuant to the provisions of Section
                                13   31-18-15 NMSA 1978; and
                                14  (5)   phencyclidine as enumerated in Schedule
                                15   III, a narcotic drug enumerated in Schedule I or II, a
                                16   controlled substance analog of phencyclidine or a controlled
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                                17   substance analog of a narcotic drug enumerated in Schedule I or
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                                18   II is guilty of a third degree felony and shall be sentenced
                                19   pursuant to the provisions of Section 31-18-15 NMSA 1978.
                                20  G.   If a person's sentence pursuant to this section
                                21   was suspended or deferred in whole or in part and the person
                                22   violates any condition of probation, the court may impose any
                                23   sentence that the court could have originally imposed, and
                                24   credit shall not be given for time served by the person on
                                25   probation."
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