SB 323 — DECREASE MARIJUANA PENALTIES

SENATE BILL 323 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Joseph Cervantes Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

DECREASING PENALTIES FOR h POSSESSION OF MARIJUANA AND OF DRUG PARAPHERNALIA;

CREATING A g o PENALTY ASSESSMENT FOR THE CRIMINAL CODE.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 30-31-23 NMSA 1978 (being Laws 1972, e u g e b l e e h Chapter 84, Section 23, as amended) is amended to read:

n d d i = = o h "30-31-23.

CONTROLLED SUBSTANCES--POSSESSION l ] b ,d i a º e PROHIBITED.-- r i = r t e w d m a n o A.

It is unlawful for a person intentionally to dpossess ma :controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice or except as otherwise authorized by the Controlled Substances Act.

b e d s º o t n = .211779.1 s k m e e a n e d r e l u [ A d possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice or except as otherwise authorized by the Controlled Substances Act.

(2) more than one-half ounce but HJCºless than up to and including»HJCincluding one ounce of marijuana is, for the first offense, SB 323 guilty of a petty misdemeanor and shall be punished by a fine Page 1 of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for h not more than fifteen days, and, for a second or subsequent u » r offense, is guilty of a misdemeanor and shall be punished by a t h g e l i fine of not less than one hundred dollars ($100) or more than h r i s one thousand dollars ($1,000) or by imprisonment for a definite h , e h term of less than one year, or both;

t u g e b l e e , gh (3) more than one ounce but less than eight n d d i = = o h ounces of marijuana is guilty of a misdemeanor and shall be l ] b ,d i a º r punished by a fine of not less than one hundred dollars ($100) e r = t e w d m a n o or more than one thousand dollars ($1,000) or by imprisonment dfor ma :definite term of less than one year, or both;

b r e t º o t n = .211779.1 s k m e - 2 - e a n e d r e l u [ A d for a definite term of less than one year, or both;

[B.] C.

(1) one ounce or less of [marijuana or ] synthetic cannabinoids is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for the second and subsequent offenses, is guilty of a misdemeanor and shall be punished by a fine of not less than SB 323 Page 2 one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both;

h (2) more than one ounce and less than eight g o t hr ounces of [marijuana or ] synthetic cannabinoids is guilty of a g e i k misdemeanor and shall be punished by a fine of not less than h r i s one hundred dollars ($100) or more than one thousand dollars h , t, ($1,000) or by imprisonment for a definite term less than one e u g e b l e e h year, or both;

or n d d i = = o h (3) eight ounces or more of [marijuana or ] l ] b ,d i a º e synthetic cannabinoids is guilty of a fourth degree felony and r i = r t e w d m a n o shall be sentenced pursuant to the provisions of Section d31-18-15 mNMSA :1978.

bD. e d s º o t n = .211779.1 s k m e - 3 - e a n e d r e l u [ A d 31-18-15 NMSA 1978.

[C.] D.

SB 323 Page 3 (1) synthetic cannabinoids;

h or g o t hr (3) a substance added to Schedule I by a rule g e i k of the board adopted on or after [the effective date of this ] h r i s March 3131, , 2011 [act] if the board determines that the h , t, pharmacological effect of the substance, the risk to the public e u g e b l e e h health by abuse of the substance and the potential of the n d d i = = o h substance to produce psychic or physiological dependence l ] b ,d i a º e liability is similar to the substances described in Paragraph r i = r t e w d m a n o (1) or (2) of this subsection.

dE. m :

bExcept eas dprovided sin ºSubsections oB, tC nand =G .211779.1of sthis ksection, mand efor -those 4substances -listed ein Subsection F of this section, a nperson ewho dviolates rthis esection lwith urespect [to Aany damount [D.]of E.any controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both.

ExceptF. as provided in Subsections B, C and G of this section, and for those substances listed in Subsection [E] F of this section, a person who violates this section with respect to any amount of any controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both.

[E.] F.

SB 323 Page 4 methamphetamine, its salts, isomers or salts of isomers as enumerated in Schedule II or a controlled substance analog of methamphetamine, its salts, isomers or salts of isomers;

h flunitrazepam, its salts, isomers or salts of isomers as u » r enumerated in Schedule I or a controlled substance analog of t h g e l i flunitrazepam, including naturally occurring metabolites, its h r i s salts, isomers or salts of isomers;

gamma hydroxybutyric acid h , e h and any chemical compound that is metabolically converted to t u g e b l e e , gh gamma hydroxybutyric acid, its salts, isomers or salts of n d d i = = o h isomers as enumerated in Schedule I or a controlled substance l ] b ,d i a º r analog of gamma hydroxybutyric acid, its salts, isomers or e r = t e w d m a n o salts of isomers;

gamma butyrolactone and any chemical compound dthat mis :metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma butyrolactone, its salts, isomers or salts of isomers;

b r e t º o t n = .211779.1 s k m e - 5 - e a n e d r e l u [ A d that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma butyrolactone, its salts, isomers or salts of isomers;

[F.]SB 323 Page 5 G.

Except for a minor as defined in Subsection [C ] D of this section, a person who violates Subsection A of this section while within a posted drug-free school zone, h excluding private property residentially zoned or used u » r primarily as a residence and excluding a person in or on a t h g e l i motor vehicle in transit through the posted drug-free school h r i s zone, with respect to:

h , e h (1) one ounce or less of marijuana or t u g e b l e e , gh synthetic cannabinoids is, for the first offense, guilty of a n d d i = = o h misdemeanor and shall be punished by a fine of not less than l ] b ,d i a º r one hundred dollars ($100) or more than one thousand dollars e($1,000) ror =by timprisonment efor wa ddefinite mterm aless nthan oone ($1,000)year, or byboth, imprisonmentand for the second or subsequent offense, is guilty of a definitefourth termdegree lessfelony thanand oneshall dbe msentenced :pursuant to the provisions of Section 31-18-15 NMSA 1978;

b r e t º o t n = .211779.1 s k m e - 6 - e a n e d r e l u [ A d year, or both, and for the second or subsequent offense, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

(4) any amount of any other controlled substance enumerated in Schedule I, II, III or IV or a SB 323 Page 6 controlled substance analog of a substance enumerated in Schedule I, II, III or IV, except phencyclidine as enumerated in Schedule III, a narcotic drug enumerated in Schedule I or II h or a controlled substance analog of a narcotic drug enumerated u » r in Schedule I or II, is guilty of a fourth degree felony and t h g e l i shall be sentenced pursuant to the provisions of Section h r i s 31-18-15 NMSA 1978;

and h , e h (5) phencyclidine as enumerated in Schedule t u g e b l e e , gh III, a narcotic drug enumerated in Schedule I or II, a n d d i = = o h controlled substance analog of phencyclidine or a controlled l ] b ,d i a º r substance analog of a narcotic drug enumerated in Schedule I or e r = t e w d m a n o II is guilty of a third degree felony and shall be sentenced dpursuant mto :the provisions of Section 31-18-15 NMSA 1978." SECTION 2.

b r e t º o t n = .211779.1 s k m e - 7 - e a n e d r e l u [ A d pursuant to the provisions of Section 31-18-15 NMSA 1978." SECTION 2.

It is unlawful for a person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in SB 323 Page 7 violation of the Controlled Substances Act.

The provisions of this subsection do not apply to a person who is in possession of hypodermic syringes or needles at the time [he ] the person is directly and immediately engaged in a harm reduction program, as provided in the Harm Reduction Act.