N.M. Stat. § 31-18-27
Trafficking of certain amounts of fentanyl; alteration of
basic sentence.
When a separate finding of fact by a court or jury shows that a person is in
possession of fentanyl in relation to a crime of trafficking a controlled substance
pursuant to Section 30-31-20 NMSA 1978, the basic sentence of imprisonment
prescribed for the offense in Section 31-18-15 NMSA 1978 shall be enhanced by up to:
A. three years, if the person is in possession of between one hundred and five
hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless
of its concentration, or between ten and fifty grams of fentanyl powder;
B. five years, if the person is in possession of more than five hundred pills, capsules
or tablets containing a detectable amount of fentanyl, regardless of its concentration, or
more than fifty grams of fentanyl powder; or
C. five years, if the person has recruited, coordinated, organized, supervised,
directed, managed or financed another to commit trafficking fentanyl pursuant to
Section 30-31-20 NMSA 1978. The enhancement shall be in addition to, not a
replacement of, charging conspiracy to commit trafficking pursuant to Section 30-28-2
NMSA 1978.