Cannabis Control Division

Local Jurisdictions

The legislation that legalized adult use cannabis in New Mexico included language that provides for some rules and policies that local jurisdictions can adopt and some things they definitely can’t do.

For example, a local jurisdiction can adopt rules to reasonably limit the density of cannabis licenses and the operating times of cannabis businesses in their community.

Additionally, a local jurisdiction can restrict access to a cannabis consumption area to people who are 21 years of age or older, and require that any cannabis establishment that provides a cannabis consumption area be located a certain distance away from any schools or daycare centers.

The legislation also provides that local jurisdictions cannot:

  • Prevent anyone properly licensed from transporting cannabis products on public roads;
  • Completely prohibit the operation of a cannabis licensee;
  • Prohibit or limit signage identifying a business as a cannabis establishment if it’s attached to or located on the business premises;
  • Require a cannabis establishment or a cannabis consumption area be located more than 300 feet from a school or daycare center that existed when the cannabis establishment or consumption area was licensed;
  • Require an existing cannabis licensee to relocate to a new premises; or
  • Prohibit an adult New Mexican from producing homegrown cannabis.

 

There’s some special consideration in the legislation for compliance with the Lynn and Erin Compassionate Use Act and the Dee Johnson Clean Indoor Air Act. Please see the legislation signed by Governor Lujan Grisham for exact details.