New Mexico Statewide Rule
New Mexico Cannabis Retail Local Zoning Limits
Key Facts
- Statute
- NMSA 26-2C-12
- Outright bans
- Preempted
- Allowed
- Time, place, manner
- Regulator
- Cannabis Control Division
Summary
The Cannabis Regulation Act preempts outright bans on cannabis retailers but lets local governments set time, place, and manner zoning, subject to state minimums on density, hours, and school setbacks.
A. A local jurisdiction may: (1) adopt time, place and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson Clean Indoor Air Act [Chapter 24, Article 16 NMSA 1978], including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses; and
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?
Who licenses cannabis retailers in New Mexico?
Sources
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