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HOUSE BILL 212
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Joy Garratt and Martin Hickey and William "Bill" R. Rehm and
Charlotte Little
AN ACT
RELATING TO CRIME; ENHANCING THE PENALTY FOR TRAFFICKING A
CONTROLLED SUBSTANCE WHILE CARRYING A FIREARM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-31-20 NMSA 1978 (being Laws 1972,
Chapter 84, Section 20, as amended) is amended to read:
"30-31-20. TRAFFICKING CONTROLLED SUBSTANCES--
VIOLATION.--
A. As used in the Controlled Substances Act,
"traffic" means the:
(1) manufacture of a controlled substance
enumerated in Schedules I through V or a controlled substance
analog as defined in Subsection [W ] U of Section 30-31-2 NMSA
1978;
(2) distribution, sale, barter or giving away
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of:
(a) a controlled substance enumerated in
Schedule I or II that is a narcotic drug;
(b) a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug; or
(c) methamphetamine, its salts, isomers
and salts of isomers; or
(3) possession with intent to distribute:
(a) a controlled substance enumerated in
Schedule I or II that is a narcotic drug;
(b) a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug; or
(c) methamphetamine, its salts, isomers
and salts of isomers.
B. Except as authorized by the Controlled
Substances Act, it is unlawful for a person to intentionally
traffic. A person who violates this subsection 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.
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C. A person who knowingly violates Subsection B of
this section within a drug-free school zone excluding private
property residentially zoned or used primarily as a residence
is guilty of a first degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. A person who knowingly violates Subsection B of
this section while carrying a firearm is guilty of a fourth
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978. "
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