New Mexico § 26-2C-20 Advertising and marketing restrictions

New Mexico Statutes

§ 26-2C-20 — Advertising and marketing restrictions

New Mexico § 26-2C-20

Ch. 26Drugs and Cosmetics

Art. 2CCannabis Regulation

This text of New Mexico § 26-2C-20 (Advertising and marketing restrictions) 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-20 (2026).

Text

A. As used in this section, "advertising" does not mean:

(1)a sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced, manufactured or sold on the licensed premises;

(2)a label affixed to a cannabis product or the covering, wrapper or container of a cannabis product; or (3) an editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company. B. The division shall promulgate rules consistent with industry standards that:

(1)prohibit the advertisement and marketing of cannabis products:

(a)on radio, television or other broadcast me

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A. As used in this section, "advertising" does not mean: (1) a sign or outdoor display or other statement permanently affixed to a licensed premises that is intended to induce the sale of a cannabis product produced, manufactured or sold on the licensed premises; (2) a label affixed to a cannabis product or the covering, wrapper or container of a cannabis product; or (3) an editorial or other material printed in a publication when the publication of the editorial or material was not paid for by a licensee and was not intended to promote the sale of cannabis products by a particular brand or company. B. The division shall promulgate rules consistent with industry standards that: (1) prohibit the advertisement and marketing of cannabis products: (a) on radio, television or other broadcast media, internet pop-ups and mass transit vehicles; provided that the division shall not prohibit advertising and marketing to: 1) subscribers of subscription-based radio, television or other broadcast media who are twenty-one years of age or older; or 2) persons twenty-one years of age or older who have solicited the advertising or marketing; (b) that are false, deceptive or misleading, including making unproven health benefit claims; (c) that are on billboards, posters, handbills or other visual media that are located or can be viewed within three hundred feet of a school, daycare center or church; (d) that depict consumption by children or other persons who appear to be younger than twenty-one years of age; (e) that use predatory marketing and advertising practices targeting minors; or (f) that are designed using cartoon characters or to mimic any other product brand; and (2) require: (a) all advertisements and marketing to accurately and legibly identify all persons responsible for its content; and (b) advertisements in print and digital communications to be placed only where the audience is reasonably expected to be twenty-one years of age or older as determined by reliable, current audience composition data.