New Mexico Statutes Chapter 61. Professional and Occupational Licenses § 61-37-18. Criminal penalties; unlicensed activities

A person who manufactures, distributes or sells tobacco products without a license required pursuant to the Tobacco Products Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Contraband tobacco products seized by the division or by a law enforcement agency as evidence of unlicensed activities shall be retained and disposed of pursuant to the Forfeiture Act. The provisions of this section shall not apply to the sale of tobacco products between a minor and another minor.