New Mexico Dispensary Zoning (2026)

Key Facts

Statute: NMSA 26-2C-12
Outright bans: Preempted
Allowed: Time, place, manner
Regulator: Cannabis Control Division

Source: NMSA 1978 § 26-2C-12 - Local control

Full Breakdown

NMSA 26-2C-12 prohibits municipalities and counties from completely banning licensed cannabis establishments, but allows reasonable local zoning consistent with the Cannabis Regulation Act. Local rules may regulate operating hours within specified state ranges, density between retailers, and minimum distances from schools and daycares. Local zoning cannot impose application criteria conflicting with state license categories. The Cannabis Control Division of the Regulation and Licensing Department issues licenses, conducts inspections, and enforces packaging, advertising, and security standards uniformly statewide.

Violations & Penalties

Cities applying outright bans risk preemption challenges; licensees violating state rules face fines, suspension, or license revocation.

Frequently Asked Questions

Can a New Mexico city ban cannabis dispensaries?

No. State law preempts complete bans, though cities may zone retailers and impose reasonable hours, distance, and density restrictions.

Who licenses cannabis retailers in New Mexico?

The Cannabis Control Division within the Regulation and Licensing Department issues licenses statewide and enforces uniform operational standards.

New Mexico Cannabis Retail Local Zoning Limits