A. Use Or Possession: It is unlawful for any 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 violation of the controlled substances act 1 or successor legislation.
B. Deliver Or Manufacture: It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with the intent to deliver, drug paraphernalia with knowledge or under circumstances where one reasonably should know that it will be used 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 violation of the controlled substances act or successor legislation.
C. Penalty: Any person who violates this section with respect to:
1. Subsection A of this section shall, upon conviction, be punished by a fine of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00), or by imprisonment for a definite term of not more than ninety (90) days, or both.
2. Subsection B of this section shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00), nor more than two hundred dollars ($200.00), or by imprisonment for a definite term of not more than ninety (90) days, or both.
D. Minors: Any person eighteen (18) years of age or over who violates the provisions of subsection B of this section by delivering drug paraphernalia to a person under eighteen (18) years of age and who is not more than three (3) years his junior, shall be additionally charged with violation of section 5-1-13 of this chapter. (Ord. C66-228, 6-26-1984)
Notes
| 1 | 1. NMSA § 30-31-1 et seq. |