A. It is unlawful for any person:

1. (1) to transfer drug precursors except to an authorized licensee;
2. (2) to intentionally use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended or issued to another person;
3. (3) to intentionally acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception or subterfuge;
4. (4) to intentionally furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the Drug Precursor Act or any record required to be kept by that act;
5. (5) who is a licensee to intentionally manufacture a drug precursor not authorized by his license or to intentionally transfer a drug precursor not authorized by his license to another licensee or authorized person;
6. (6) to intentionally refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the Drug Precursor Act;
7. (7) to intentionally refuse an entry into any premises for any inspection authorized by the Drug Precursor Act; or

8. (8) to manufacture, possess, transfer or transport a drug precursor without the appropriate license or in violation of any rule or regulation of the board.

   B. Any person who violates any provision of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

   C. When a person owns or operates a retail establishment where drug precursors are sold by an employee in violation of the provisions of this section, it is an affirmative defense to a prosecution of that owner or operator if he furnishes documentation that he provided the employee with a training program regarding state and federal laws and regulations regarding drug precursors; provided that, if the owner or operator knew or should have known of the employee's violation, the owner or operator shall also be in violation of the provisions of this section.

   D. When drug precursors are sold by an employee of a retail establishment in violation of the provisions of this section, it is an affirmative defense to a prosecution of that employee that he did not receive training from his employer regarding state and federal laws and regulations regarding drug precursors.

History: Laws 1989, ch. 177, § 12; 2004, ch. 9, § 5; 2004, ch. 12, § 5.

ANNOTATIONS

The 2004 amendment, effective July 1, 2004, in Subsection B, increased the penalty from a misdemeanor to a fourth degree felony and deleted the enhancement provisions for second and subsequent offenses; and added new Subsections C and D.

Laws 2004, ch. 9, § 5, effective July 1, 2004, enacted identical amendments to this section. The section was set out as enacted by Laws 2004, ch. 12, § 5. See 12-1-8 NMSA 1978.