A. It is unlawful for any person to have in his possession with the intent to sell or resell any alcoholic beverages which to that person's knowledge have been manufactured or transported into this state in violation of the laws of this state.
B. Any person who violates the provisions of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any conveyance used or intended to be used for the unlawful manufacture or transportation of alcoholic beverages or any money that is the fruit or instrumentality of unlawful manufacture or transportation of alcoholic beverages is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History: Laws 1981, ch. 39, § 52; 1993, ch. 68, § 18; 2002, ch. 4, § 21.
The 2002 amendment, effective July 1, 2002, in Subsection C, after "beverages", deleted "may be seized and, upon conviction, in the discretion of the court, forfeited or disposed of pursuant to the provisions of Section 30-31-35 NMSA 1978"; and added the last phrase beginning "is subject to forfeiture".
The 1993 amendment, effective July 1, 1993, added "Fourth Degree Felony - Penalty - Forfeiture" at the end of the catchline; designated the former undesignated provision as Subsection A; in Subsection A, substituted "unlawful" for "a violation of the Liquor Control Act" and inserted "with intent to sell or resell"; and added Subsections B and C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 C.J.S. Intoxicating Liquors § 250.
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