City of Socorro, NM Chapter 136 Drugs and Drug Paraphernalia

[HISTORY: Adopted by the City Council of the City of Socorro 3-20-2006 by Ord. No. 06-02-21. Amendments noted where applicable.]

GENERAL REFERENCES

Offenses — See Ch. 179.

§ 136-1 Definitions. [1]

DRUG PARAPHERNALIA

A. All equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog. It includes, but is not limited to:

(1) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or controlled substance analog or from which a controlled substance can be derived.

(2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.

(3) Isomerization devised, used or intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or controlled substance analog.

(4) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or controlled substance analogs.

(5) Scales or balances used, intended for use or designed for use in weighing or measuring controlled substances or controlled substance analogs.

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite dextrous and lactose, used, intended for use or designed for use in cutting controlled substances or controlled substance analogs.

(7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.

(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or controlled substance analogs.

(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or controlled substance analogs.

(11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or controlled substance analogs into the human body.

(12) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

(b) Water pipes;

(c) Carburetion tubes and devices;

(d) Smoking and carburetion masks;

(e) Roach clips (meaning objects used to hold burning material, such as a marijuana cigarette that has become too small to hold in the hands);

(f) Miniature cocaine spoons and cocaine vials;

(g) Chamber pipes;

(h) Carburetor pipes;

(i) Electric pipes;

(j) Air-driven pipes;

(k) Chilams;

(l) Bongs; or

(m) Ice pipes or chillers.

B. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following (NMSA 1978, § 30-31-2):

(1) Statements by the owner or by anyone in control of the object concerning its use;

(2) The proximity of the object to controlled substances or controlled substance analogs;

(3) The existence of any residue of controlled substances or controlled substance analogs on the objects;

(4) Instructions, written or oral, provided with the objects concerning its use;

(5) Descriptive materials accompanying the object which explain or depicts its use;

(6) The manner in which the object is displayed for sale;

(7) The existence and scope of legal uses for the object in the community; and

(8) Expert testimony concerning its use.

HE, HIM, SHE or HER

Not be construed to be mandatory distinctions of gender if not expressly stipulated.

MARIJUANA [2]

A. All parts of the plant Cannabis, including any and all varieties, species and subspecies of the genus Cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds.

B. 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 compound, manufacture, salt, derivative, mixture or preparation of the mixture stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

PERSON

Any human being or legal entity, whether incorporated or unincorporated.

[1] Editor's Note: The definitions of "defendant," "disorderly conduct," "lawful custody or confinement," "minor," "municipality" and "official proceeding," which were included in this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 136-2 Marijuana-related offenses.

It is unlawful for any person to possess marijuana, unless otherwise authorized by law.

§ 136-3 Drug paraphernalia prohibited.

A. 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, inhale or otherwise introduce into the human body a controlled substance.

B. It is unlawful for any person to deliver, possess with intent to deliver, sell or manufacture with the intent to deliver, sell or manufacture 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.

§ 136-4 Unlawfully inhaling volatile solvents.

A. It is unlawful for any person to inhale volatile solvents, which consists of intentionally smelling, breathing or inhaling the fumes or vapors from any paint, glue, gasoline or any similar substance containing one or more volatile solvents for the purpose of causing a condition of intoxication, inebriation, stupefaction, euphoria, exhilaration or the dulling of the brain or the nervous system.

B. Nothing in this section shall preclude a person from smelling, breathing or inhaling one or more volatile solvents when done under the supervision of a physician, podiatrist or dentist in the course of his professional practice.

§ 136-5 Penalty. [1]

Any person found guilty of violating any of the provisions of this chapter shall be fined as set forth in Chapter 1, Article III, Penalties, of the Socorro City Code; provided, however, that if a specific penalty is provided therefor in any particular and individual section of this chapter, then the specific penalty shall prevail.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).