New Mexico § 26-1-3 - Prohibited acts
Full text of New Mexico New Mexico Statutes Annotated § 26-1-3 — Prohibited acts, with citation guidance and answers to common questions.
§ 26-1-3. Prohibited acts
The following acts are prohibited: A. the sale of any drug or device that is adulterated, misbranded or a counterfeit
drug which is not a controlled substance; B. the adulteration or misbranding of any drug or device; C. the receipt or delivery in commerce of any drug or device that is adulterated,
misbranded or a counterfeit drug which is not a controlled substance; D. the dissemination of any false advertisement; E. the giving of a false guaranty or undertaking, except by a person who relied on
a guaranty or undertaking as attested by label or labeling from whom he received in
good faith the drug or device for sale; F. any act with respect to a drug or device when the act is done while the drug or
device is held for sale and results in the drug or device being misbranded or adulterated; G. the creation, sale, disposition, possession or concealment of any punch, die, plate,
stone or other thing designed to print, imprint or reproduce the trademark, trade
name or other identifying mark, imprint, device of another or any likeness of any
of the foregoing upon any drug or container or labeling so as to render the drug a
counterfeit drug; H. concealment, disposition or possession with intent to sell or preparation with
intent to defraud of a counterfeit drug; I. in the case of a dangerous drug distributed or offered for sale in this state,
the failure of the manufacturer or repackager to transmit, to any practitioner licensed
to administer the drug who makes a written request for information, true and correct
copies of all printed matter which is required to be included in any package in which
that drug is distributed or sold or such other printed matter as is approved under
the federal act. Nothing in this subsection shall be construed to exempt any person from any labeling
requirement imposed under other provisions of the New Mexico Drug, Device and Cosmetic
Act and the Controlled Substances Act; 1 and J. except as provided in Sections 26-3-1 through 26-3-3 NMSA 1978 , dispensing or causing to be dispensed a different drug or brand of drug in place
of the drug or brand of drug ordered or prescribed without the express permission
in each case of the person ordering or prescribing. 1
NMSA 1978, § 30-31-1 et seq.
Frequently Asked Questions About New Mexico § 26-1-3
What does New Mexico Statutes Annotated § 26-1-3 cover?
Section 26-1-3 ("Prohibited acts") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 26-1-3?
A common citation format is "New Mexico Statutes Annotated § 26-1-3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 26-1-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.