{"data":{"id":"us-nm/30-31a-2","jurisdiction":"us-nm","citation":"30-31A-2","heading":"Definitions.","body":"As used in the Imitation Controlled Substances Act:\nA. \"board\" means the board of pharmacy;\nB. \"controlled substance\" means a substance as defined in Subsection E of Section 30-31-2 NMSA 1978;\nC. \"distribute\" means the sale or possession with the intent to sell of an imitation controlled substance;\nD. \"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:\n(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;\n(2) statements made to the recipient that the substance may be resold for inordinate profit;\n(3) whether the substance is packaged in a manner normally used for illicit controlled substances;\n(4) evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;\n(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\n(6) whether the physical appearance of the substance is substantially identical to a controlled substance; and\nE. \"manufacture\" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging or labeling or relabeling as an imitation controlled substance.","path":["Chapter 30 - Criminal Offenses","ARTICLE 31A Imitation Controlled Substances"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"19d5ea4fc2d3bd9e9f06ce9abb0a154e5cfcf46150d7840c34375f2dacb272c1","source_id":"us-nm","stale":false,"prev":"us-nm/30-31a-1","next":"us-nm/30-31a-3"},"notice":"GroundRules: Original legal text. Not legal advice."}