Tribe: Pueblo of Pojoaque
J-25
Illegal Opioids and Stimulants Control Act
(a) Because of the increased use, possession, manufacturing, and distribution of opioids,
methamphetamine, other stimulants, and illegal use of prescription drugs, the Pueblo of
Pojoaque enacted this Act to replace the heroin Control Act of 2012 (Section J-17). The
Opioids and Stimulants Control Act (OSCA) include civil and criminal Court-mandated
sanctions and treatment approaches for affected individuals and families and to protect the
community.
(b) Definitions.
1. Illegal Drug: Any drug the possession of which is prohibited by federal and/or state
law, with the exception of cannabis, which is legal pursuant to the Pueblo Law and
Order Code. Illegal drugs include any unlawfully prescribed drug that is not used as
prescribed, such as by snorting or injecting. Illegal drugs also include any Illegal drug
the possession of which is illegal when not prescribed by a licensed physician.
2. Opioids: A class of drug that includes heroin and other opium products; synthetic
opioids, including by not limited to substances such as fentanyl and carfentanyl; and
prescription opioid pain relievers, including, but not limited to oxycodone (Oxycotin,
Percocet), hydrocodone (Vicodin), codeine, and morphine. Opioids include any natural
or synthetic compound that is, or becomes, classified as an opioid.
3. Stimulants: A class of drug that includes amphetamines, methamphetamine, and
amphetamine-related compounds such as Adderall, and cocaine and any cocaine
derivatives such as a crack cocaine, and any synthetic stimulant compound that are
illegal under federal laws such as “Bath Salts” (cathinones).
(c) The Illegal Opioids and Stimulants Control Act supersedes all prior conflicting provisions
concerning possession, use, or sell of illegal drugs that are contained in the tribal Law and
Order Code, regulations and ordinances, lease agreements, or employee handbooks
(d) A copy of the Illegal Opioids and Stimulants Control Act will be available to all enrolled
members of the Pueblo of Pojoaque and will be publicly available as part of the Law andOrder
Code.
(e) Threat to public health, safety, and welfare.
1. Any person who uses, possesses, buys, sells, gives away, or manufacturers illegal opioids
or stimulants or unlawfully uses or sells prescription drugs within the exterior public health, safety, and welfare.
2. Any person who admits to or is arrested for illegal opioid or stimulant use, possession,
purchase, distribution, or manufacturing or illegal use or sell a prescription drug within
the exterior boundaries, or any trust land, of the Pueblo of Pojoaque is considered a
threat to the public health, safety, and welfare and may undergo mandatory drug testing
at time of arrest. Law enforcement or probation may present such findings to the Court
and Tribal Officials.
3. Any person who is found guilty in any court of law of illegally possessing, using,
manufacturing, or distributing opioids or stimulants shall be considered a threat to the
public health, safety, and welfare of the Pueblo.
4. Any Tribal Police Officer, Tribal Official, Probation Officer, or Family and Children
Services Staff who suspects a person of abusing illegal opioids or stimulants or the
illegal use of prescription drugs may petition the tribal court for drug testing of the
suspected user.
5. Any allegation of illegal use under this Section must be supported by articulable facts
before testing is ordered by the Tribal Court.
(f) Civil Offense. Any person who uses possesses, buys, sells, gives aways, or manufactures illegal
opioids or stimulants or unlawfully, uses or sells prescription drugs within the exterior boundaries
of the Pueblo of Pojoaque has committed an offence under this Section and will be deemed a threat
to the public health, safety, and welfare of the community.
(g) Civil Penalties. Any person found to have violated this Section may be sentenced to pay a fine
of not less than three hundred dollars ($300) and to exceed five thousand dollars ($5000), or both.
1. The Tribal Court may also exclude the violator from the exterior boundaries, or any trust
land, of the Pueblo of Pojoaque for duration to be determined by the Tribal Court.
2. If the violator is employed by the Pueblo or is a member of the Pueblo, the violator’s
eligibility for tribal enrollment and all tribal benefits, including any tribal disbursements,
will be immediately terminated for a duration to be determined by the Tribal Court.
3. The violator may be responsible for paying drug testing and treatment costs.
4. When the parent is determined to be threat to the public health, safety, and welfare, under
the provisions of this Section, for any child that is under the Children’s Court’s jurisdiction,
the Children’s Court may adjudicate the child to be and neglected child or a child in need
of services for a duration to be determined by the Children’s Court.
(g) Deferral and Rescission of Penalties. 1. The Tribal Court may defer penalties if the violator is willing to comply with court
imposed conditions, including participation in Path to Wellness Court, or similar intensive
court-ordered supervision, substance-use disorder treatment, and drug testing. The Court
may impose conditions recommended by Tribal Police, Family and Children Services, or
other service provider.
2. The Tribal Court shall provide a written order to the person who is determined to be in
violation of this Section. The order will set out the conditions under which any of the
penalties imposed may be deferred or rescinded.
3. Tn the case of a neglected child education connected to a parent’s violation of this Section, the
parent has two (2) years in which to successfully comply with the Children’s Court order,
including completion of Path to Wellness Court. If the parent has not successfully complied with
the Tribal Court order within two (2) years, termination of parental right should be initiated by
Pueblo of Pojoaque Family and Children Services pursuant to the Children’s Code. The two (2)
years may be extended by the Tribal Court with a written justification for the extension. […] M-59
Illegal Opioids and Stimulants Control Act
(a) Because of the increased use, possession, manufacturing, and distribution of opioids,
methamphetamines, other stimulants, and illegal use of prescription drugs, the Pueblo of
Pojoaque enacted this Act to replace the Heroin Control Act of 2012 (Section M-57). The
Opioids and Stimulants Control Act (OSCA) includes civil and criminal court-mandated
sanctions and treatment approaches for affected individuals and families and to protect the
community.
(b) Definitions.
1. Illegal Drug: Any drug the possession of which is prohibited by federal and/or state
law, with the exception of cannabis, which is legal pursuant to the Pueblo Law and Order
Code. Illegal drugs include any lawfully prescribed drug that is not used as prescribed, such
as by snorting or injecting. Illegal drugs also include any legal drug, the possession of
which is illegal when not prescribed by a licensed physician.
2. Opioids: A class of drugs that include heroin and other opium products; synthetic
opioids, including by not limited to substances such as fentanyl and carfentanyl; and
prescription opioid pain relievers, including, but not limited to, oxycodone (OxyContin,
Percocet), hydrocodone (Vicodin), codeine, and morphine. Opioids include any natural or
synthetic compound that is, or becomes, classified as an opioid.
3. Stimulants: A class of drug that includes amphetamines, methamphetamine, any
amphetamine-related compound, such as Adderall, and cocaine and any cocaine
derivatives such as crack cocaine. It also includes any synthetic stimulant compound that
are illegal under federal law, such as “Bath Salts” (cathinones).
(c) The Illegal Opioids and Stimulants Control Act supersedes all prior conflicting provisions
concerning possession, use, or sale of illegal drugs that are contained in the Tribal Law and
Order Code regulations and ordinances, lease agreements or employee handbooks.
(d) A copy of the Illegal Opioids and Stimulants Control Act will be available to all enrolled
Members of the Pueblo of Pojoaque and will be publicly available as part of the Law and
Order Code.
(e) Threat to public health, safety, and welfare. 1. Any person who uses, possesses, buys, sells, gives away, or manufactures Illegal
opioids or stimulants or unlawfully uses or sells prescription drugs within the exterior
boundaries, or any trust land, of the Pueblo of Pojoaque is considered a threat to public
health, safety and welfare.
2. Any person who admits to or is arrested for illegal opioid or stimulant use, possession,
purchase, distribution, or manufacturing or illegal use or sale of prescriptions drugs within
the exterior boundaries of the Pueblo of Pojoaque is considered a threat to public health,
safety and welfare and may undergo mandatory drug testing at the time of arrest. Law
enforcement or probation may present such findings to the Court and Tribal Officials.
3. Any person who is found guilty in any court of law of illegally possessing, using,
manufacturing, or distributing opioids or stimulants shall be considered a threat to the
public health, safety and welfare of the Pueblo.
4. Any Tribal Police Officer, Tribal Official, Probation Officer, or Family and Children’s
Services Staff who suspects a person of using illegal opioids or stimulants or the illegal use
of prescription drugs may petition the Tribal Court for drug testing of the suspected user.
5. Any allegation of illegal use under this Section must be supported by articulable facts
before testing is ordered by the Tribal Court.
(f) Criminal Offense. Any person over whom Tribal Court may exercise criminal jurisdiction
who uses, possesses, buys, sells, gives away, or manufactures Illegal opioids or stimulants
or unlawfully uses or sells prescription drugs within the exterior boundaries, or any trust
land, of the Pueblo of Pojoaque is guilty of a criminal offense and will be deemed a threat
to the public health, safety, and welfare of the community.
(g) Penalties. Any person over whom Tribal Court may exercise criminal jurisdiction
convicted of violating this Section may be sentenced to imprisonment for a period not to
exceed 365 days or to pay a fine not to exceed five thousand dollars ($5,000), or both.
1. The Court may also exclude the violator from the exterior boundaries, or any trust land,
of the Pueblo of Pojoaque for a duration to be determined by the Tribal Court.
2. If the violator is employed by the Pueblo or is a member of the Pueblo, the violator’s
eligibility for Tribal employment and all Tribal benefits, including any Tribal
disbursements, will be immediately terminated for a duration to be determined by the
Tribal Court.
3. The violator may be responsible for paying drug testing and treatment costs.
4. When the parent is determined to be a threat to public health, safety, and welfare under
the provisions of this Section, for any child that is under Children’s Court jurisdiction, Children’s Court may adjudicate the child to be a neglected child or a child in needs of
services for a duration to be determined by Children’s Court.
(h) Deferral and Rescission of Penalties.
1. Tribal Court may defer penalties if the violator is willing to comply with court-imposed
conditions, including participation in Path to Wellness Court or similar intensive Court
ordered supervision, substance use disorder treatment, and drug testing. The Court may
impose conditions recommended by Tribal Police, Family and Children’s Services, or other
service provider.
2. The Tribal Court shall provide a written order to the person who is determined to be in
violation of this Section. The order will set out the conditions under which any of the
penalties imposed may be deferred or rescinded.
3. In the case of neglected child adjudication connected to a parent’s violation of the
Section, the parent has two (2) years in which to successfully comply with the Tribal
Court’s Order, including completion of Path to Wellness Court. If the parent has not
successfully complied with the Tribal Court’s Order within two (2) years, termination of
parental rights should be initiated by Pueblo of Pojoaque Family and Children’s Services
pursuant to the Children’s Code. The two (2) years may be extended by the Tribal Court
with a written justification for the extension.