A. The following controlled substances are included in Schedule II:
(1) any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(a) opium and opiate, and any salt, compound, derivative or preparation of opium or opiate;
(b) any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in Subparagraph (a) of this paragraph, but not including the isoquinoline alkaloids of opium;
(c) opium poppy and poppy straw;
(d) coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions that do not contain cocaine or ecgonine;
(e) marijuana, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act [26-2A-1 to 26-2A-7 NMSA 1978] or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1 to 26-2B-7 NMSA 1978]; and
(f) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act.
Marijuana, tetrahydrocannobinols or chemical derivatives of tetrahydrocannabinol shall be considered Schedule II controlled substances only for the purposes enumerated in the Controlled Substances Therapeutic Research Act or the Lynn and Erin Compassionate Use Act;
(2) any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(a) alphaprodine;
(b) anileridine;
(c) bezitramide;
(d) dihydrocodeine;
(e) diphenoxylate;
(f) fentanyl;
(g) hydromorphone;
(h) isomethadone;
(i) levomethorphan;
(j) levorphanol;
(k) meperidine;
(l) metazocine;
(m) methadone;
(n) methadone--intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(o) moramide--intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(p) oxycodone;
(q) pethidine;
(r) pethidine--intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine;
(s) pethidine--intermediate--B, ethyl-4-phenyl-piperidine-4-carboxylate;
(t) pethidine--intermediate--C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(u) phenazocine;
(v) piminodine;
(w) racemethorphan; and
(x) racemorphan;
(3) unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(a) amphetamine, its salts, optical isomers and salts of its optical isomers;
(b) phenmetrazine and its salts;
(c) methamphetamine, its salts, isomers and salts of isomers; and
(d) methylphenidate; and
(4) controlled substances added to Schedule II by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978.
B. Where methadone is prescribed, administered or dispensed by a practitioner of a drug abuse rehabilitation program while acting in the course of the practitioner's professional practice, or otherwise lawfully obtained or possessed by a person, such person shall not possess such methadone beyond the date stamped or typed on the label of the container of the methadone, nor shall any person possess methadone except in the container in which it was originally administered or dispensed to such person, and such container shall include a label showing the name of the prescribing physician or practitioner, the identity of methadone, the name of the ultimate user, the date when the methadone is to be administered to or used or consumed by the named ultimate user shown on the label and a warning on the label of the methadone container that the ultimate user must use, consume or administer to the ultimate user the methadone in such container. Any person who violates this subsection is guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, or by a fine of up to five thousand dollars ($5,000), or both.
History: 1953 Comp., § 54-11-7, enacted by Laws 1972, ch. 84, § 7; 1978, ch. 22, § 9; 1979, ch. 112, § 1; 2005, ch. 280, § 3; 2007, ch. 210, § 9.
ANNOTATIONSThe 2007 amendment, effective July 1, 2007, included in Schedule II marijuana, tetrahydrocannabinols and its derivatives that are used by qualified patients pursuant to the Lynn and Erin Compassionate Use Act.
The 2005 amendment, effective June 17, 2005, added Subsection A(4) to provide that the board may by rule add controlled substances to Schedule II; deleted the former provision in Subsection B that a drug abuse rehabilitation program was defined in Section 26-2-13A(3) NMSA 1978.
Morphine. — Although the word "morphine" does not appear in the schedules in this act, the trial court could properly take judicial notice that morphine is an opium derivative under this section. State v. Yanez, 1976-NMCA-073, 89 N.M. 397, 553 P.2d 252.
Percodan. — Percodan is a Schedule II controlled substance. State v. Sanchez, 1979-NMCA-133, 93 N.M. 596, 603 P.2d 335.
Cocaine may be classified as narcotic. — The legislature can rationally classify cocaine, a nonnarcotic central nervous system stimulant, as a narcotic for penalty and regulatory purposes because of the similarity between cocaine and narcotic drugs in terms of cocaine's potential for societal harm. Chouinard v. State, 1980-NMCA-168, 96 N.M. 783, 635 P.2d 986, rev'd on other grounds, 1981-NMSC-096, 96 N.M. 658, 634 P.2d 680, cert. denied, 456 U.S. 930, 102 S. Ct. 1980, 72 L. Ed. 2d 447 (1982).
Proof of abusive quantity of amphetamine not required. — The state need not prove that an amphetamine alleged to have been sold by the defendant was of a sufficient quantity to have a potential for abuse associated with a stimulant effect, since, in Subsection A(3), the statutory words "having a potential for abuse" modify "substances," not "any quantity." State v. Hernandez, 1986-NMCA-017, 104 N.M. 97, 717 P.2d 73, cert. denied, 103 N.M. 798, 715 P.2d 71; State v. Martinez, 1986-NMCA-069, 104 N.M. 584, 725 P.2d 263.
Identification of cocaine by expert. — Expert testimony is not required to establish that a witness sold cocaine to a defendant. State v. Rubio, 1990-NMCA-090, 110 N.M. 605, 798 P.2d 206.