Albuquerque, NM Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing law
- Albuquerque Clean Indoor Air Ordinance
- Enforcing agencies
- APD, AFD, Bernalillo County Sheriff
- First-offense fine
- Up to $100
- Repeat-offense fine
- Up to $500 (3rd+, 12 mo.)
- Where cannabis use is allowed
- Private spaces, licensed consumption areas
Summary
Albuquerque's Clean Indoor Air Ordinance bars smoking cannabis in any indoor public place or workplace; consumption is confined to private residences and state-licensed cannabis consumption areas, with fines escalating for repeat violations.
Consumption of cannabis pursuant to the Cannabis Regulation Act is permitted in private spaces and licensed "cannabis consumption areas." Smoking in a cannabis consumption area on a licensed premises shall be allowed only if the cannabis consumption area is in a designated smoking area or in a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to state and/or local law.
(B) Tobacco. Notwithstanding any other provision of the Albuquerque Clean Indoor Air Ordinance, tobacco smoking-permitted areas include the following:
(1) A private residence unless it is used commercially to provide child care, adult day care, or serves as a health care facility;
(2) A retail tobacco store;
(3) A cigar bar;
(4) The facilities of a tobacco manufacturing company licensed by the United States to manufacture tobacco products that are operated by the company in its own name and that are used exclusively by the company in its business of manufacturing, marketing or distributing its tobacco products; provided that smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited under the Albuquerque Clean Indoor Air Ordinance;
(5) A state-licensed gaming facility, casino or bingo parlor;
(6) An indoor workplace to the extent that tobacco smoking is an
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).
Full Breakdown
The Albuquerque Clean Indoor Air Ordinance (§§ 9-5-5-1 et seq.) defines 'smoking' to include lighted or vaporized cannabis product and makes it unlawful to smoke in any indoor workplace or indoor public place, on buses or other public transit, or anywhere on the grounds of the Albuquerque Biological Park. Cannabis consumption under the state Cannabis Regulation Act is confined to private spaces and licensed 'cannabis consumption areas' designed so smoke does not reach other indoor spaces. Albuquerque Police, Fire, or the Bernalillo County Sheriff's Department enforce the ordinance by citation, and a proprietor must stop cannabis smoking whenever an officer or city agent is on site on official business.
Violations & Fines
Unlawful cannabis smoking is a petty misdemeanor: a fine up to $100 for a first violation, up to $200 for a second within 12 months, and up to $500 for the third and each later violation in that period.
Frequently Asked Questions
Can I smoke marijuana on a public sidewalk in Albuquerque?
What happens if I get cited for smoking marijuana in a banned area?
Sources & Official References
Other rules in Albuquerque
Compare Albuquerque to another location·View the New Mexico public conduct overview
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