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Albuquerque, NM Public Health Rules: Syringe Disposal (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit required
City ordinance § 9-15-4
Application fee
$130, nonrefundable
Decision timeline
Mayor decides within 45 days
Permit term
2 years, nontransferable
Penalty
Misdemeanor, per-day violation

Summary

Albuquerque requires anyone operating a syringe exchange facility to hold a City permit, designate a community response representative, and notify neighbors within 500 feet before dispensing sterile needles under the state Harm Reduction Act.

No person shall operate a syringe exchange facility at any location in the City without having a valid permit for such syringe exchange facility in accordance with this ordinance. Except, however, any syringe exchange facility in operation on the effective date of this ordinance shall obtain a valid permit within a period of 6 months from the effective date of the ordinance.

(B)   Operation. No permit shall be issued unless the facility demonstrates to the Zoning Enforcement Officer that it has designated and will maintain a community response representative who shall be reasonably available and who shall respond to, and keep a record of, all telephone calls and writings received from any individual and organization regarding concerns with the operation of the facility and its effect on the community. Such records shall be made available to the City upon request.

(C)   Notice of Complaint Procedure. Within 45 days after the City has approved a permit for a syringe exchange facility, the operator of the facility shall mail a copy of the facility’s complaint procedures to the owners of record of all property within 500 feet of the facility. (Ord. 55-2001)

Source: Albuquerque Code of OrdinancesView official code

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

Any person operating a syringe exchange facility, a site dispensing sterile needles under the state Harm Reduction Act, NMSA 1978 §§ 24-2C-1 et seq., must obtain a City permit before opening. The Mayor decides within 45 days of a $130 application, and the facility must maintain a community response representative who logs and responds to neighborhood complaints. Permits run two years, are non-transferable, and the Zoning Enforcement Officer can revoke one for unresolved complaints. Hospital-based programs, state-operated programs, and programs with 100 or fewer enrolled participants are exempt from the permit requirement.

Violations & Fines

Operating a syringe exchange facility without a valid permit is a misdemeanor, with each day of continued violation charged as a separate offense under § 1-1-99.

Frequently Asked Questions

Does Albuquerque ban needle exchange programs?
No. It permits them under § 9-15-4, but requires a City permit, a community response representative, and neighbor notification before a facility can dispense sterile syringes.
Are small harm-reduction programs exempt from the permit?
Yes. Hospital-run programs, state-operated programs, and any state Harm Reduction Act program with 100 or fewer enrolled participants at all times don't need this City permit.

Sources & Official References

Other rules in Albuquerque

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