In New Mexico, when illicit drug poisoning results in death, several state statutes and federal laws may apply, particularly concerning drug-induced deaths, failure to render aid, tampering with evidence, and Good Samaritan protections.

New Mexico State Laws:

1. Controlled Substances Violations:
   
   • Possession of a Controlled Substance (NMSA 30-31-23): It is unlawful for a person intentionally to possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice or except as otherwise authorized by the Controlled Substances Act. Violations can lead to severe penalties, especially if the distribution of a controlled substance results in another person's death. Justia Law

1. Failure to Render Aid or Call 911:
   
   • New Mexico does not have a specific statute that criminalizes the failure to render aid or call 911 in situations involving drug poisoning. However, moral and potentially civil obligations exist, and failing to act could contribute to other charges, depending on the circumstances.

1. Tampering with Evidence:
   
   • Tampering with Evidence (NMSA 30-22-5): Tampering with evidence, such as altering or destroying the scene of a drug poisoning, can lead to charges under this statute. Such actions are considered a third-degree felony in New Mexico.

1. Good Samaritan Law:
   
   • Overdose Prevention (NMSA 30-31-27.1): This statute provides immunity from arrest, charge, prosecution, or other penalties for individuals who, in good faith, seek medical assistance for someone experiencing a drug overdose. The law aims to encourage individuals to seek emergency help without fear of legal repercussions for minor drug possession offenses. Justia Law

Federal Laws:

1. Distribution of Controlled Substances Resulting in Death:
   
   • 21 U.S.C. § 841(b)(1)(C): Under federal law, distributing controlled substances that result in death or serious bodily injury carries enhanced penalties, including a mandatory minimum sentence of 20 years to life imprisonment.

1. Obstruction of Justice:
   
   • 18 U.S.C. § 1512: This statute addresses tampering with a witness, victim, or informant, including actions that obstruct, influence, or impede any official proceeding. Tampering with evidence at the scene of a drug poisoning death can lead to federal obstruction charges.

Important Considerations:

• Good Samaritan Limitations: While New Mexico's Good Samaritan law provides protections for those seeking medical assistance during a drug-related emergency, it does not offer immunity for more serious offenses, such as drug trafficking or evidence tampering.
• Prompt Action: It's crucial to act promptly and responsibly during instances of drug poisoning by seeking immediate medical assistance. This not only helps save lives but also ensures compliance with legal obligations.