New Mexico Plastic Bag Local Regulation Authority

Unlike many states that have passed broad preemption laws, New Mexico has not enacted statewide restrictions on local authority to regulate single-use plastics. Cities including Santa Fe, Albuquerque, Las Cruces, and Silver City have adopted ordinances banning thin plastic carryout bags or imposing fees on paper and reusable alternatives. State municipal authority under NMSA 1978 Chapter 3 includes general police power to protect public health, environmental quality, and aesthetic conditions, which courts have construed broadly. Retailers in regulated jurisdictions must comply with local ordinance requirements regarding bag thickness, fees, and signage.

Local plastic bag ordinance violations typically carry administrative civil penalties ranging from 50 to several hundred dollars per violation, depending on the jurisdiction.