30-31-5. Schedules; criteria.

There are established five schedules of controlled substances to be known as Schedules I, II, III, IV and V.

1. The board shall place a substance in Schedule I if it finds that the substance:
   1. (1) has a high potential for abuse; and
   2. (2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
2. The board shall place a substance in Schedule II if it finds that:
   1. (1) the substance has a high potential for abuse;
   2. (2) the substance has a currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
   3. (3) the abuse of the substance may lead to severe psychic or physical dependence.
3. The board shall place a substance in Schedule III if it finds that:
   1. (1) the substance has a potential for abuse less than the substances listed in Schedules I and II;
   2. (2) the substance has a currently accepted medical use in treatment in the United States; and
   3. (3) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
4. The board shall place a substance in Schedule IV if it finds that:
   1. (1) the substance has a low potential for abuse relative to the substances in Schedule III;
   2. (2) the substance has a currently accepted medical use in treatment in the United States; and
   3. (3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substance in Schedule III.
5. The board shall place a substance in Schedule V if it finds that:
   1. (1) the substance has a currently accepted medical use in treatment in the United States; and
   2. (2) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule IV.

30-31-6. Schedule I.

The following controlled substances are included in Schedule I:

1. ...
2. ...
3. any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically exempted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
   1. (10) marijuana;
4. ...
5. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act [26-2A-1 NMSA 1978] or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978];

30-31-7. Schedule II.

1. The following controlled substances are included in Schedule II:
   1. (1) any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
      1. (e) marijuana, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act [26-2A-1 NMSA 1978] or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978]; and
      2. (f) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol, but only for the use by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act.
         
         Marijuana, tetrahydrocannobinols or chemical derivatives of tetrahydrocannabinol shall be considered Schedule II controlled substances only for the purposes enumerated in the Controlled Substances Therapeutic Research Act or the Lynn and Erin Compassionate Use Act;