Attorney General Opinions and Advisory Letters

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Opinion No. 22-3262

February 2, 1922

BY: HARRY S. BOWMAN, Attorney General

TO: Mr. D. W. Snyder, Federal Prohibition Director, Albuquerque, New Mexico.

Importation of Intoxicating Liquor for Medicinal Purpose Prohibited.

OPINION

{*117} In reply to your letter of the 28th ultimo, requesting an expression of my views regarding the propriety of permitting a health seeker, on his temporarily locating in this state, to bring into the state from his former home a gallon of whiskey to be used by him for medicinal purposes, I wish to say:

Personally I would have no objection to your granting the permit, in view of the federal laws which authorize such action, but in view of the provisions of the constitutional amendment to the constitution of this state and the enforcement law passed by the 1919 session of the legislature, any importation of liquor for beverage purposes excepting wine for sacramental purposes, is unqualifiedly {*118} prohibited, and I have no right or power to deviate from these commands.

Please turn to Chapter 151, Session Laws 1919, which appears on page 316, and after reading over this statute, advise me if, in your opinion, I would be authorized to consent to the bringing into the state of the liquor as suggested in your letter.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.