new mexico regulation and licensing departmentpage 7 of 12 * effective november 27, 2011 possession...

Susana Martinez GOVERNOR

J. Dee Dennis, Jr.

SUPERINTENDENT

Mary Kay Root DEPUTY

SUPERINTENDENT

Alcohol and Gaming Division

(505) 476-4875

Boards and Commissions Division (505) 476-4600

Construction Industries Division

(505) 476-4700

Financial Institutions Division (505) 476-4885

Manufactured Housing Division

(505) 476-4770

Securities Division (505) 476-4580

Administrative Services Division

(505) 476-4800

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSIONS DIVISION –BOARD OF PHARMACY 5200 Oakland Avenue, NE, Suite A ▪ Albuquerque, New Mexico 87113

(505) 222-9830 ▪ Fax (505) 222 -9845 ▪ www.rld.state.nm.us/pharmacy

November 9, 2011

From: William Harvey, Executive Director/Chief Drug Inspector, New Mexico

Board of Pharmacy

Subject: New Additions to Schedule I Controlled Substances of the New

Mexico Controlled Substances Act.

Synthetic cannabinoids, substituted cathinones, Salvia Divinorum and

Salvinorin A have been added to New Mexico’s Schedule I Controlled

Substances either through legislation (Senate Bill 134, 2011 Regular Session)

or added (effective November 27, 2011), by the Board of Pharmacy to NM

Administrative Code 16.19.20.65, pursuant to 30-31-3 NMSA 1978.

Synthetic cannabinoids are commonly known by the names Spice and K-2 but

we have also seen it sold under names various other names like 3 Kings and

Black King. Substituted cathinones are typically called bath salts but are also

known by other names (see list below).

Listed below are all the bath salt and synthetic cannabinoid compounds that

are illegal to possess or distribute (items denoted with an * will be Schedule I

Controlled Substances as of November 27th, 2011). Below each category list

are the corresponding charges for offenses of possession or distribution of

those substances.

of 12 * Effective November 27, 2011

Substituted Cathinones (Bath Salts) Substance Other Names

Bath Salts

2-ethylamino-1-phenyl-propan-1-one * Ethcathinone, Party Pills, N-Et Cat

3-fluoromethcathinone 3-FMC

3’,4'-Methylenedioxy-alpha-pyrrolidinobutiophenone* MDPBP, NRG-1

3’,4’-methylenedioxy-alpha-pyrrolidinopropiophenone* MDPPP

3,4-methylenedioxyethcathinone* Ethylone, MDEC, bk-MDEA

3,4-methylenedioxymethcathinone Methylone, bk-MDMA, M1, Arlone, Explosion, Ease

3,4-methylenedioxypyrovalerone MDPV, Ivory Wave, plant fertilizer,

Vanilla Sky, Energy-1 (NRG-1), Aura,

White devil, Blue Silk, Bonzai

Grow, Charge Plus, Euphoria,

Hurricane Charlie, Lovey Dovey,

Ocean, Pixie Dust, Posh, Red

Dove, Scarface, White Dove,

White Girl, White Lightning,

MDPK, MTV, Magic, Maddie,

Black Rob, Super Coke and PV

4-ethyl-methcathinone * 4-EMC

4-fluoromethcathinone 4-FMC, Flephedrone

4'-Methyl-α-pyrrolidinobutiophenone* MPBP

4’-methoxy-alpha-pyrrolidinopropiophenone* MOPPP

4-methoxymethcathinone Methedrone, bk-PMMA, PMMC, methoxyphedrine, Bubbles

4'-Methyl-α-pyrrolidinopropiophenone* MPPP, desmethylprodine

4-methylmethcathinone 4-MMC, Mephedrone ivory snow,

vanilla sky, arctic blast, white rush,

and white knight, Meow, Meow-

Meow, M-Cat, Bubbles, Drone,

Meph, Rush, Plant Feeder

4-methyl-ethylcathinone * 4-MEC, Powder, Crystal, NRG-2

5,6-methylenedioxy-2-aminoindane* MDAI

alpha-methylamino-butyrophenone* Buphedrone, MABP

alpha-Pyrrolidinobutiophenone* α-PBP

alpha-pyrrolidinopropiophenone* alpha-PPP

alpha-pyrrolidinovalerophenone* alpha-PVP, o-2387

beta-Keto-ethylbenzodioxolylbutanamine* Eutylone, bk-EBDB


beta-Keto-ethylbenzodioxolylpentanamine* Pentylone, bk-Methyl-K, bk-MBDP, NRG-1, NEG-3

beta-keto-N-methyl-3,4-benzodioxyolybutanamine* bk-MBDB, Butylone, B1

Naphthylpyrovalerone* NRG-1, naphyrone, O-2482

N,N-dimethylcathinone* Metamfepramone, INN, dimethylcathinone, dimethylpropion, dimepropion, rakefet

Possession of Schedule I Substituted Cathinones (Bath Salts)

(30-31-23 NMSA 1978)

Persons in possession of bath salts are 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.

Except for a minor, a person in possession of bath salts

within a posted drug-free school zone, excluding private property

residentially zoned or used primarily as a residence and excluding a

person in or on a motor vehicle in transit through the posted drug-

free school zone is guilty of a fourth degree felony and shall be

sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978

A minor who violates this section with respect to the

substances listed in this subsection is guilty of a petty

misdemeanor and, notwithstanding the provisions of Sections 32A-1-5

and 32A-2-19 NMSA 1978, shall be punished by a fine not to exceed

one hundred dollars ($100) or forty-eight hours of community

service. For the third or subsequent violation by a minor of this

section with respect to those substances, the provisions of Section

32A-2-19 NMSA 1978 shall govern punishment of the minor. As used in

http://en.wikipedia.org/wiki/International_Nonproprietary_Name


this subsection, "minor" means a person who is less than eighteen

years of age.

Distribution of Bath Salts (NMSA 30-31-22)

Persons intentionally distributing or possessing with intent

to distribute a Schedule I Controlled Substance, non-narcotic, is:

(a) for the first offense, guilty of a third degree felony and

shall be sentenced pursuant to the provisions of Section 31-18-15

NMSA 1978; and

(b) for the second and subsequent offenses, guilty of a second

degree felony and shall be sentenced pursuant to the provisions of

Section 31-18-15 NMSA 1978

A person intentionally distributing or possessing with intent

to distribute bath salts while within a drug-free school zone is:

(a) for the first offense, guilty of a second degree felony and


NMSA 1978; and

(b) for the second and subsequent offenses, guilty of a first




Substance Other Names

Cannabinoids (Synthetic)

1-[2-(4-(morpholinyl)ethyl]-3-(1-naphthoyl)indole

JWH-200

1-(5-fluoropentyl)-3-(1-naphthoyl)indole* AM-2201

1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole* AM-694

1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole*

RCS-8, SR-18, BTM-8

1-butyl-3-(1-naphthoyl)indole JWH-073

1-hexyl-3-(1-naphthoyl)indole JWH-019

1-(N-methylpiperdin-2-yl)methyl-2-methyl-3-(1-naphthoyl)-6-nitroindole*

AM-1221

1-pentyl-3-(1-naphthoyl)indole JWH-018 or AM-678

1-pentyl-3-[1-(4-methoxynaphthoy)]indole* JWH-081

1-pentyl-3-(2-chlorophenylacetyl)indole* JWH-203

1-pentyl-3-(2-methoxyphenylacetyl)indole JWH-250

1-pentyl-3-(4-chloronaphthoyl)indole JWH-398

1-pentyl-3-[(4-methoxy)-benzoyl]indole* RCS-4, SR-19, BTM-4, Eric-4, E-4, OBT-199

1-pentyl-3-(4-methyl-1-naphthoyl)indole* JWH-122

2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo-1,4-benzooxazin-6-yl)-1-naphthalenylmethanone*

WIN-55,212-2

(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone

JWH-015

3-(1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro -6,6,9-trimethyl-6H-dibenzo[b,d]pyran*

JWH-133

4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone and 1-pentyl-3-(4-ethylnaphthoyl)indole*

JWH-210

4-methoxyphenyl)-[2-methyl-1-(2-morpholin-4-ylethyl)indol-3-yl]methanone*

Pravadoline, WIN-49,098

5-(1,1-Dimethylheptyl)- 2-[(1R,3S)-3-hydroxycyclohexylphenol; and

5-(1,1-Dimethyloctyl)- 2-[(1R,3S)-3-hydroxycyclohexylphenol

CP-47,497 and Cannabicyclohexanol (CP-47,497 homologues)

5-(1,1-dimethylheptyl)-2-(3-hydroxy cyclohexyl)-phenol

CP-47,497

5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan-2-yl)phenol*

CP 55,940

6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol

HU-210, ingredient of Spice


Possession of Synthetic Cannabinoids (30-31-23 NMSA 1978)

(1) Persons in possession of 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, guilty of a misdemeanor and shall be punished

by a fine of not less than 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;

(2) more than one ounce and less than eight ounces of

marijuana or synthetic cannabinoids is guilty of a misdemeanor and

shall be punished by a fine of not less than 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; or

(3) eight ounces or more of marijuana or synthetic

cannabinoids is guilty of a fourth degree felony and shall be

sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

HU-211, dexanabinol

(hydroxymethyl)-4-[2-hydroxy-4-(2-methyloctan-2-yl)phenyl]-1,2,3,4,4a,5,6,7,8,8a-decahydronaphthalen-2-ol*

CP 55,244


Except for a minor, a person in possession of marijuana or

synthetic cannabinoids while within a posted drug-free school zone,

excluding private property residentially zoned or used primarily as

a residence and excluding a person in or on a motor vehicle in

transit through the posted drug-free school zone, with respect to:

(1) one ounce or less of marijuana or synthetic

cannabinoids is, for the first offense, guilty of a misdemeanor and

shall be punished by a fine of not less than 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, 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;

(2) more than one ounce and less than eight ounces of

marijuana or synthetic cannabinoids is guilty of a fourth degree

felony and shall be sentenced pursuant to the provisions of Section

31-18-15 NMSA 1978;

(3) eight ounces or more of marijuana or synthetic

cannabinoids is guilty of a third degree felony and shall be












years of age.

Distribution of Synthetic Cannabinoids (NMSA 30-31-22)


to distribute synthetic cannabinoids is:

(a) for the first offense, guilty of a fourth degree felony

and shall be sentenced pursuant to the provisions of Section 31-18-

15 NMSA 1978;

(b) for the second and subsequent offenses, guilty of a third


Section 31-18-15 NMSA 1978;

(c) for the first offense, if more than one hundred pounds is

possessed with intent to distribute or distributed or both, guilty

of a third degree felony and shall be sentenced pursuant to the

provisions of Section 31-18-15 NMSA 1978; and

(d) for the second and subsequent offenses, if more than one

hundred pounds is possessed with intent to distribute or distributed

or both, guilty of a second degree felony and shall be sentenced

pursuant to the provisions of Section 31-18-15 NMSA 1978



to distribute synthetic cannabinoids while within a drug-free school

zone is:

(a) for the first offense, guilty of a third degree felony

and shall be sentenced pursuant to the provisions of Section 31-18-

15 NMSA 1978;

(b) for the second and subsequent offenses, guilty of a

second degree felony and shall be sentenced pursuant to the

provisions of Section 31-18-15 NMSA 1978;

(c) for the first offense, if more than one hundred

pounds is possessed with intent to distribute or distributed or

both, guilty of a second degree felony and shall be sentenced

pursuant to the provisions of Section 31-18-15 NMSA 1978; and

(d) for the second and subsequent offenses, if more than

one hundred pounds is possessed with intent to distribute or

distributed or both, guilty of a first degree felony and shall be


Salvia Substance Other Names

Salvia Divinorum* Diviner’s Sage, Ska Maria Pastora, Seer’s Sage

Salvinorin A* methyl (2S,4aR,6aR,7R,9S,10aS,10bR)-9-(acetyloxy)-2-(furan-3-yl)-6a,10b- dimethyl-4,10-dioxododecahydro-2H-benzo[f]isochromene-7-carboxylate

Possession of Salvia and Salvinorin A (30-31-23 NMSA 1978)


Persons in possession of Salvia and Salvinorin A are 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.

Except for a minor, a person in possession of Salvia and

Salvinorin A within a posted drug-free school zone, excluding

private property residentially zoned or used primarily as a

residence and excluding a person in or on a motor vehicle in transit

through the posted drug-free school zone is guilty of a fourth












years of age.

Distribution of Salvia and Salvinorin A (NMSA 30-31-22)


to distribute Salvia and Salvinorin A are guilty of:


(a) for the first offense, guilty of a third degree felony and


NMSA 1978; and

(b) for the second and subsequent offenses, guilty of a second



A person intentionally distributing or possessing with intent

to distribute Salvia and Salvinorin A while within a drug-free

school zone is:

(a) for the first offense, guilty of a second degree felony and


NMSA 1978; and

(b) for the second and subsequent offenses, guilty of a first



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