(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from MARIJUANA, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(B) It is unlawful for any person intentionally to possess marijuana unless it was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by law.
(C) (1) A person convicted for a violation of the provisions of this section shall be assessed, in addition to any other fee or fine, a fee of $75 to defray the costs of chemical and other analysis of the controlled substances.
(2) The fee shall be transmitted to the administrative office of the courts pursuant to NMSA § 31-12-9.
(Am. Ord. 881, passed 6-23-1998)
(1981 Code, § 16-7) (Ord. 803, passed 5-23-1972; Am. Ord. 777, passed 6-28-1988; Am. Ord. 783, passed 10-25-1988; Am. Ord. 783-A, passed 10-25-1988; Am. Ord. 809, 10-10-1989) Penalty, see § 130.999
Statutory reference:
Similar definition of “marijuana,” see NMSA § 30-31-2