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.