New Mexico does not have a statewide ban on flavored tobacco or vape products, and Albuquerque has not enacted a local flavor ban, so flavored cigarettes, cigars, and vape liquids remain legal for adult sale.
Unlike California, Massachusetts, and several major cities, New Mexico has not passed a statewide ban on flavored tobacco, menthol cigarettes, or flavored e-cigarettes. Albuquerque City Council has discussed flavor restrictions but no ordinance is in force as of 2026. Federal rules still apply — flavored cigarettes other than menthol are banned under the federal Family Smoking Prevention Act, and FDA premarket authorization is required for flavored vapes. Adult sales of menthol cigarettes, flavored cigars, hookah, smokeless tobacco, and flavored e-liquids remain legal in Albuquerque to customers 21 and older under NM §30-49-3.
Selling federally-prohibited flavored cigarettes, or flavored vape products without FDA authorization, can trigger FDA enforcement and suspension of the city tobacco retailer license.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Albuquerque, NM
Under Noise Control Ordinance section 9-9-11, each act in violation is a public nuisance and a separate civil violation, carrying a $250 fine for the first o...
Albuquerque, NM
Noise Control Ordinance section 9-9-7(B) bars operating power mowers, leaf blowers, rototillers, power saws, and similar outdoor power equipment within 500 f...
Albuquerque, NM
Under ROA 1994 Sec. 8-5-1-4(b), Albuquerque may establish residential on-street permit parking zones where a study shows a significant portion of available p...
Albuquerque, NM
In residential zones the Albuquerque IDO (Sec. 14-16-5-5(F)) limits how much of a front or street-side yard may be paved for parking - capped by lot size und...
Albuquerque, NM
Albuquerque Code Section 8-5-2-3 declares a vehicle abandoned if it sits unattended on a public street for 36 hours, on private property without owner consen...
Albuquerque, NM
On Albuquerque corner lots, the portion of a rear-yard wall abutting the front yard of a residential lot is held to the 3-foot front-yard limit within 10 fee...
See how Albuquerque's flavored tobacco bans rules stack up against other locations.
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