New Mexico § 26-2C-12 Local control

New Mexico Statutes

§ 26-2C-12 — Local control

New Mexico § 26-2C-12

Ch. 26Drugs and Cosmetics

Art. 2CCannabis Regulation

This text of New Mexico § 26-2C-12 (Local control) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 26-2C-12 (2026).

Text

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 determ

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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.