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Current as of May 06, 2021 | Updated by FindLaw Staff
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, including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses; and
(2) allow for the smoking, vaporizing and ingesting of cannabis products within an indoor or outdoor cannabis consumption area if:
(a) unless licensed pursuant to the Lynn and Erin Compassionate Use Act, access to the cannabis consumption area is restricted to persons twenty-one years of age and older; and
(b) the cannabis establishment or integrated cannabis microbusiness is located at a minimum distance from a school or daycare center as determined by the local jurisdiction, but which minimum distance shall not be set at any more than three hundred feet from a school or daycare center that was in existence at the time the establishment or microbusiness was licensed.
B. A local jurisdiction shall not:
(1) prevent transportation of cannabis products on public roads by a licensee that transports cannabis products in compliance with the Cannabis Regulation Act;
(2) completely prohibit the operation of a licensee;
(3) prohibit or limit signage attached to or located on licensed premises that identifies the premises as a cannabis establishment;
(4) require a licensed premises or a cannabis consumption area to be any more than three hundred feet from a school or daycare center that was in existence at the time the cannabis establishment or integrated cannabis microbusiness was licensed;
(5) require an existing licensee at a licensed premises to relocate; or
(6) prohibit a person from producing homegrown cannabis as provided for in the Cannabis Regulation Act.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 26. Drugs and Cosmetics § 26-2C-12. Local control - last updated May 06, 2021 | https://codes.findlaw.com/nm/chapter-26-drugs-and-cosmetics/nm-st-sect-26-2c-12/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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