A. Except as allowed pursuant to the Cannabis Regulation Act, it is a violation of that act for a person, including a person licensed pursuant to the provisions of that act, or an employee, agent or lessee of that person, if the person knows or has reason to know that the person is violating the provisions of this section, to knowingly and intentionally:
(1) sell, serve or give cannabis products to a person under twenty-one years of age or allow a person under twenty-one years of age to consume cannabis products on the licensed premises;
(2) buy cannabis products for or procure the sale or service of cannabis products to a person under twenty-one years of age;
(3) deliver cannabis products to a person under twenty-one years of age; or
(4) aid or assist a person under twenty-one years of age to buy, otherwise procure or be served cannabis products.
B. A licensee shall not employ a person younger than twenty-one years of age to engage in a commercial cannabis activity.
C. The division shall suspend or revoke the license and may fine the licensee in an amount not to exceed ten thousand dollars ($10,000), or both, when the division finds that a licensee or the licensee's employee or agent knowingly has sold, served or given any cannabis product to a person under twenty-one years of age.
D. The establishment of all of the following facts by a licensee prosecuted for a violation of Subsection D of this section and a cannabis server for a violation of Subsection F of Section 11 [26-2C-11 NMSA 1978] of the Cannabis Regulation Act shall constitute a defense:
(1) that the purchaser falsely represented in writing; by producing a driver's license bearing the purchaser's photograph; by producing a photographic identification card issued by the motor vehicle division of the taxation and revenue department; or by producing a similar identification card issued pursuant to the laws of this state, another state, the federal government or the government of an Indian nation, tribe or pueblo that the person was twenty-one years of age or older;
(2) that the purchaser's appearance was such that an ordinary, prudent person would believe that the purchaser was twenty-one years of age or older; and
(3) that the sale was made in good faith, relying upon the purchaser's false written representation, driver's license or identification card produced as provided in Paragraph (1) of this subsection, and with the reasonable belief that the purchaser was actually twenty-one years of age or older.
E. Nothing in this section shall be construed or interpreted to prevent:
(1) the division from enforcing its rules against a licensee;
(2) a state agency from enforcing a law or rule that does not conflict with the Cannabis Regulation Act or rules promulgated pursuant to that act; or
(3) a local jurisdiction from enforcing a local ordinance that does not conflict with the Cannabis Regulation Act or rules promulgated pursuant to that act.
History: Laws 2021 (1st S.S.), ch. 4, § 14.
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.