A. A local jurisdiction may:
(1) adopt time, place and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson Clean Indoor Air Act [Chapter 24, Article 16 NMSA 1978], including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses; and
(2) allow for the smoking, vaporizing and ingesting of cannabis products within an indoor or outdoor cannabis consumption area if:
(a) unless licensed pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978], access to the cannabis consumption area is restricted to persons twenty-one years of age and older; and
(b) the cannabis establishment or integrated cannabis microbusiness is located at a minimum distance from a school or daycare center as determined by the local jurisdiction, but which minimum distance shall not be set at any more than three hundred feet from a school or daycare center that was in existence at the time the establishment or microbusiness was licensed.
B. A local jurisdiction shall not:
(1) prevent transportation of cannabis products on public roads by a licensee that transports cannabis products in compliance with the Cannabis Regulation Act;
(2) completely prohibit the operation of a licensee;
(3) prohibit or limit signage attached to or located on licensed premises that identifies the premises as a cannabis establishment;
(4) require a licensed premises or a cannabis consumption area to be any more than three hundred feet from a school or daycare center that was in existence at the time the cannabis establishment or integrated cannabis microbusiness was licensed;
(5) require an existing licensee at a licensed premises to relocate; or
(6) prohibit a person from producing homegrown cannabis as provided for in the Cannabis Regulation Act.
History: Laws 2021 (1st S.S.), ch. 4, § 12.
Effective dates. — Laws 2021 (1st S.S.), ch. 4 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 29, 2021, 90 days after adjournment of the legislature.
Structure 2021 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 2C - Cannabis Regulation
Section 26-2C-1 - Short title.
Section 26-2C-2 - Definitions.
Section 26-2C-4 - Department of health; duties; public health and safety advisory committee.
Section 26-2C-5 - Department of health; duties; transfer of licensing duties.
Section 26-2C-8 - Licensees; disciplinary actions; sanctions; civil penalty.
Section 26-2C-9 - Application and licensing fees.
Section 26-2C-10 - Cannabis training and education program licensing; sanctions.
Section 26-2C-12 - Local control.
Section 26-2C-13 - Licensee protections.
Section 26-2C-14 - Protection of underage persons; providing cannabis products to minors; penalties.
Section 26-2C-15 - Transport via courier.
Section 26-2C-16 - Packaging and labeling.
Section 26-2C-17 - Cannabis products; packaging and labeling; division rulemaking.
Section 26-2C-18 - Testing cannabis products; health and safety of employees.
Section 26-2C-19 - Researching cannabis; recordkeeping.
Section 26-2C-20 - Advertising and marketing restrictions.
Section 26-2C-22 - Provision of professional services.
Section 26-2C-23 - Medical cannabis provisions unaffected.
Section 26-2C-24 - Protections for the use of cannabis.
Section 26-2C-25 - Personal use of cannabis.
Section 26-2C-26 - Limits on personal use; penalties.
Section 26-2C-27 - Personal production of cannabis; penalties.
Section 26-2C-28 - Unlicensed sales of cannabis; penalties.
Section 26-2C-29 - Cannabis within restricted area; penalty.
Section 26-2C-30 - Unlawful possession of cannabis; penalties.
Section 26-2C-31 - Unlicensed manufacturing of cannabis extract; penalty.
Section 26-2C-32 - Exemption from criminal and civil penalties; researchers.
Section 26-2C-33 - Reporting requirements for cannabis-related violations.
Section 26-2C-34 - Employer protections; exemptions.
Section 26-2C-35 - Appeal of rules.
Section 26-2C-36 - Public records and open meetings.
Section 26-2C-37 - Intrastate source.
Section 26-2C-38 - Imports and exports.
Section 26-2C-39 - Cannabis regulation fund.
Section 26-2C-40 - Plant limit. (Repealed effective December 31, 2025.)
Section 26-2C-41 - Indian nations, tribes and pueblos; intergovernmental agreements.