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Bernalillo County, NM Cannabis Regulations: Dispensary Zoning (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Albuquerque has its own dispensary zoning rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

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...

Source: New Mexico Cannabis Control DivisionView official code

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?
No. § 22.4.20 was adopted specifically to zone for cannabis businesses after the state's Cannabis Regulation Act took effect, and it lists cannabis retail establishments as a permissive use in C-1 zones and higher, subject to the ordinance's 300-foot school and day care buffer, rather than prohibiting the use countywide.
How far must a cannabis dispensary be from a school in unincorporated Bernalillo County?
At least 300 feet. § 22.4.20.C.2.d requires a licensed cannabis retail establishment's premises to sit no less than 300 feet from a school or day care, the same buffer distance the ordinance applies to cannabis couriers and commercial cultivation sites.
Can a cannabis lounge allow customers to smoke outside on a patio?
No. § 22.4.20.C.2.e requires that "smoking of cannabis flowers is not allowed outdoors" at a licensed cannabis lounge; consumption must occur inside a standalone building with carbon filtration certified by a professional engineer, and access is limited to patrons 21 or older or qualified medical patients.
What zone do I need for a cannabis manufacturing facility?
C-LI (Light Industrial) or a higher-intensity zone, at least 300 feet from a school, day care, or conforming residential zone under § 22.4.20.C.2.g. If the process uses volatile solvents, a 1,000-foot residential buffer and adopted fire suppression standards apply instead of the standard 300-foot rule.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico cannabis regulations overview

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