The drug trade from Central and South America is causing a dramatic increase in criminal activity in New Mexico. The New Mexico legislature wants to take action

Question

They pass a statute with this language: "Any person found transporting illegal substances, including but not limited to, heroin, cocaine and marijuana, into New Mexico will be punished to the full extent of the law." Is this criminal statute enforceable? Why or why not?

Answer 1

The principle of legality is a legal principle stating that the defendant cannot be convicted of a crime unless there is specific legislation making it illegal and defining the potential punishment. The statue proposed by the New Mexico legislature indicates that certain illegal substances (such as heroin, cocaine and marijuana) are already illegal and that existing legislation exists defining these substances as illegal and defining the potential punishment. The proposed statue does not enhance existing legislation and does not meet the principle of legality as it does not define the potential punishment. This specific statue does not appear to be enforceable, rather, the possession of an illegal substance may be enforceable under existing laws within New Mexico. It is not known whether New Mexico has a rule of lenity but the ambiguity in the statue could benefit the defendant, not the government.