Tribe: Pueblo of Acoma
6-12-1 Purpose and Goal
A. This Chapter may be cited as the “Controlled Substances Act.”
B. The purpose of this Chapter is to provide that any violation of
federal law governing Controlled Substances, specifically the
Comprehensive Drug Abuse Prevention and Control Act of 1970,
21 U.S.C. §§ 801 et seq., as amended, is a violation of Pueblo of
Acoma law to the full extent the Pueblo of Acoma is authorized to
do so under federal law, and to supplement that law. While the
Comprehensive Drug Abuse Prevention and Control Act of 1970,
21 U.S.C. §§ 801 et seq., as amended is to be read where possible
as consistent with the written Law of the Pueblo of Acoma, where
there is a conflict the written Law of the Pueblo of Acoma shall
apply.
C. The goal of this Chapter shall be, through enforcement, to restore
justice. Where an individual is only charged with, or cited for a
minor offense and/or substance abuse the goal is to obtain
treatment and recovery. Consideration should be given to referring
such individual defendants to the Pueblo of Acoma Wellness Court
program. […] 6-12-10 Conditional Discharge for Possession as Offender Who is Not a
Registered Manufacturer
A. If any person other than a registered manufacturer, is found guilty
of a violation of this Chapter, after trial or upon a plea of guilty, the
court may, without entering a judgment of guilty and with the
consent of the person, defer further proceedings and place the
person on probation upon reasonable conditions and for a period
not to exceed one [(1)] year, as the court may prescribe.
B. Upon violation of a condition of the probation, the court may enter
an adjudication of guilt and proceed as otherwise provided.
C. The court may, in its discretion, dismiss the proceedings against
the person and discharge the person from probation before the
expiration of the maximum period prescribed [for] the person’s
probation.
D. If during the period of probation the person does not violate any of
the conditions of the probation, then upon expiration of the period
the court may discharge such person and dismiss the proceedings
against the person. Discharge and dismissal under this section
shall be without court adjudication of guilt, but a nonpublic record
shall be retained by the court solely for the purpose of use by the
court in determining whether or not in subsequent proceedings, the
person qualifies under this Section. A discharge or dismissal shall
not be deemed a conviction for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime.
D. Upon the dismissal of a person and discharge of the proceedings
against [the person] under this Section, a person, if the person was
not over eighteen [(18)] years of age at the time of the offense,
may apply to the court for an order to expunge from all official
records, all records relating to the person’s arrest, indictment or
information, trial, finding or plea of guilty, and dismissal or discharge pursuant to this Section except nonpublic records filed
with the court. If the court determines, after hearing, that the
charge was dismissed, the proceedings against the person were
discharged and that the person was not over eighteen (18) years of
age at the time of the offense, it shall enter the order. The effect of
the order shall be to restore the person, in the contemplation of the
law, to the status the person occupied before the arrest or
indictment or information. No person in whose behalf an order has
been entered shall be held thereafter under any provision of any
law to be guilty of perjury or otherwise giving a false statement by
reason of his failures to recite or acknowledge such arrest, or
indictment or information, or trial in response to any inquiry made of
him for any purpose.