A. It is unlawful for any person to smoke cannabis products in a public place, except in a designated cannabis consumption area.
B. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
CANNABIS: | All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin. |
CANNABIS CONSUMPTION AREA: | An area on licensed premises where cannabis products may legally be served and consumed pursuant to the New Mexico Cannabis Regulation Act. |
CANNABIS PRODUCT: | A product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients. |
LICENSED PREMISES: | A location that includes: A. All enclosed public and private areas at the location that are used in the business and includes offices, kitchens, restrooms and storerooms; B. All areas outside of a building that are specifically included in the license for the production, manufacturing, wholesale sale or retail sale of cannabis products; and C. With respect to a location that is specifically licensed for the production of cannabis outside of a building, the entire unit of land that is created by subsection or partition of land that the licensee owns, leases or has a right to occupy. |
PUBLIC PLACE: | Any place to which the general public has access and includes hallways, lobbies and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation. |
SMOKE: | To inhale, exhale, burn or carry any lighted or heated device or pipe or any other lighted or heated cannabis products intended for inhalation, whether natural or synthetic, in any manner or in any form. |
C. Penalty: A person who violates this section shall be subject to a civil penalty of fifty dollars ($50.00). Court costs and fees shall not be assessed. (Ord. C66-195, 3-23-1982, eff. 4-8-1982; amd. Ord. C66-219, 12-27-1983; Ord. C66-228, 6-26-1984; 2006 Code; Ord. C2021-3, 5-25-2021)