City of Española, NM
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2020-12-08
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Part II: General Legislation
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Chapter 166 Controlled Substances
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 7 Boards, Commissions and Committees
- Ch 12 City Council
- Ch 16 Civil Preparedness, Department of
- Ch 23 Court, Municipal
- Ch 29 Economic Development Plan
- Ch 34 Election Districts
- Ch 40 Ethics, Code of
- Ch 45 Fiesta Del Valle DE ESPAÑOLA
- Ch 49 Fire Department
- Ch 67 Library
- Ch 72 Master Plan
- Ch 78 Officers and Employees
- Ch 86 Personnel Policies
- Ch 90 Planning and Zoning Commission
- Ch 94 Police Department
- Ch 121 Veterans Memorial Foundation
- Part II: General Legislation
- Ch 128 Adult Entertainment and Uses
- Ch 133 Alcoholic Beverages
- Ch 137 Animals and Animal Facilities
- Ch 142 Aviation
- Ch 150 Building Codes
- Ch 154 Buildings, Numbering of
- Ch 158 Businesses, Regulation of
- Ch 163 Carnivals and Circuses
- Ch 166 Controlled Substances
- § 166-1 Use of drug paraphernalia prohibited; exception.
- § 166-2 Delivery or manufacture of drug paraphernalia prohibited; exception.
- § 166-3 Penalty.
- Ch 169 (Reserved)
- Ch 171 Permits and Fees
- Ch 175 Elections
- Ch 180 Excavations
- Ch 184 Fair Housing
- Ch 192 Fire Prevention
- Ch 196 Fireworks
- Ch 200 Flood Damage Prevention
- Ch 204 Franchises
- Ch 209 Gambling
- Ch 213 Graffiti
- Ch 218 Handbills
- Ch 220 Housing, Affordable
- Ch 222 Housing Standards
- Ch 232 Legal Proceedings
- Ch 235 Littering
- Ch 237 (Reserved)
- Ch 241 Minors
- Ch 249 Noise
- Ch 254 Nuisances
- Ch 260 Offenses
- Ch 266 Parades and Demonstrations
- Ch 270 Peace and Good Order
- Ch 272 (Reserved)
- Ch 275 Property Maintenance
- Ch 278 Smoking
- Ch 280 (Reserved)
- Ch 282 Solid Waste
- Ch 286 Sprinkler Systems
- Ch 290 Streets and Sidewalks
- Ch 294 Subdivision of Land
- Ch 298 Taxation
- Ch 300 Utilities
- Ch 302 Vacant Structures
- Ch 305 Vehicles and Traffic
- Ch 311 (Reserved)
- Ch 315 Water Emergencies
- Ch 319 Weapons and Firearms
- Ch 323 Wreckers
- Ch 350 Zoning and Development
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Mayor and Council of the City of
Española 1-24-2017 by Ord.
No. 2017-02. Amendments noted where applicable.]
It is unlawful for a person to use or possess with intent to
use drug paraphernalia. The provisions of this section do not apply
to a person who is in possession of hypodermic syringes or needles
at the time he is directly and immediately engaged in a harm reduction
program, as provided in Harm Reduction Act, NMSA 1978 §§ 24-26-1
to 29-26-6.
It is unlawful for a 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 in the human body a controlled substance in violation of
the Controlled Substances Act (NMSA 1978 § 30-31-1). The
provisions of this section do not apply to:
A.
Department of Health employees or their designees while they are
directly and immediately engaged in activities related to harm reduction
program authorized by the Harm Reduction Act; or
B.
The sale or distribution of hypodermic syringes and needles by pharmacists
licensed pursuant to the Pharmacy Act (NMSA 1978 Chapter 61, Article
11).
Anyone found guilty of violating this chapter is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not
less than $200, nor more than $500, or by imprisonment for up to 90
days, or both.
