Bernalillo County, NM Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Governing section
- § 22.4.20, adopted 12-14-21
- Retail/courier zone
- C-1 and higher
- Cultivation zone
- A-1 and higher
- School/day care buffer
- 300 feet, all license types
- Solvent manufacturing buffer
- 1,000 ft from residential
- Lounge rule
- Indoor smoking only, 21+
Summary
Bernalillo County has not opted out of cannabis retail: § 22.4.20 lets cannabis retailers, couriers, and lounges locate as a permissive use in C-1 zones and higher, and cultivation in A-1 zones and higher, but every license type must sit at least 300 feet from a school or day care, with tighter rules for lounges and solvent manufacturers.
C.Use Regulations. A building or premises shall be used only for the following purposes...2.Permissive Uses:a.Personal production in all County zones;b.Commercial cultivation in A-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or day care...c.Cannabis courier in C-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or day care;d.Cannabis retail establishment in the C-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or day care;e.Cannabis lounge in the C-1 and higher zones provided:1.The licensed premises is located no less than 300 feet from a school, day care, or conforming residential zone, and;2.Smoking of cannabis flowers is not allowed outdoors, and;...5.Access to the cannabis consumption area is restricted to persons 21 years of age or older, qualified patients, and/or reciprocal participants in accordance with the Lynn and Erin Compassionate Use Act;g.Cannabis manufacturer in the C-LI and higher zones...1.Manufacturing using volatile solvents must be located 1,000 feet from any conforming residential zone...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
20, adopted by Ord. No. 2021-31 on December 14, 2021 after New Mexico's Cannabis Regulation Act legalized adult-use cannabis, sets the county's zoning rules for every category of licensed cannabis business. 2, personal production is allowed in all county zones, but licensed commercial uses are tiered by zone class: commercial cultivation is permissive in A-1 zones and higher, provided the licensed premises sits at least 300 feet from a school or day care, and outdoor cultivation is capped at 25 percent of usable lot area on lots of one acre or less, rising to 50 percent on lots up to five acres and 75 percent on larger lots, behind a solid wall or fence at least six feet high.
c-d), the clause that is this page's governing citation. Cannabis lounges get an extra buffer, needing 300 feet from a school, day care, or conforming residential zone, and their consumption areas must be indoor only: "Smoking of cannabis flowers is not allowed outdoors," access is restricted to persons 21 or older or qualified patients, and the building needs carbon filtration certified by a professional engineer. Cannabis manufacturers and testing or research labs need C-LI zoning or higher and the same buffers, and manufacturing that uses volatile solvents must sit at least 1,000 feet from any conforming residential zone with adequate fire suppression.
H lets an owner apply for a special use permit, under the § 18 procedure, to place a cannabis use on a lot as small as five acres if it does not use volatile solvents.
Violations & Fines
Placing a licensed cannabis retailer, courier, cultivator, lounge, or manufacturer in a zone tier the ordinance does not list, or inside the required 300-foot (or 1,000-foot solvent-manufacturing) buffer from a school, day care, or residential zone, makes the use a prohibited use under § 22.4.20.C.1 and a misdemeanor under § 26: up to a $300 fine, up to 90 days in jail, or both, with each day of continued operation a separate offense.
Frequently Asked Questions
Has Bernalillo County opted out of allowing cannabis dispensaries?
How far must a cannabis dispensary be from a school in unincorporated Bernalillo County?
Can a cannabis lounge allow customers to smoke outside on a patio?
What zone do I need for a cannabis manufacturing facility?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico cannabis regulations overview
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