New Mexico law prohibits smoking in: any indoor workplace, including lobbies, reception areas, offices, conference and meeting rooms, employee cafeterias and lunchrooms, break rooms and employee lounges, classrooms, auditoriums, hallways, stairways, waiting areas, elevators, and restrooms, regardless of whether work occurs at any given time; any indoor public place; in buses, taxicabs, or other means of public transit; in the state capitol and capitol north; and near entrances, windows, and ventilation systems of all workplaces and public places where smoking is prohibited.
To advise persons of the existence of smokefree areas or smoking-permitted areas, signs must be posted as follows:
Posting of signs is not required at a residence, except during the hours of business operation while it is being used commercially to provide child care, adult care, or health care, or any combination of those activities.
N.M. Stat. § 24-16-15: Posted smokefree and smoking-permitted areas
Nothing in state law preempts or in any manner precludes specific provisions of a county or municipal smoking ordinance, provided that the smokefree provisions of such a county or municipal ordinance are inclusive of all minimum standards and provisions for smokefree areas within state law.
N.M. Stat. § 24-16-20: Explicit nonpreemption
The following are exempt from the ban on smoking, subject to conditions:
New Mexico law does not provide a specific application procedure to qualify for exemption from the smoking ban. Localities may have specific requirements.
Individuals under 18 years of age cannot procure, attempt to procure, or present any written, printed, or photostatic evidence of age or identity that is false for the purpose of procuring or attempting to procure any tobacco products for their own use or for use by any other minor. Similarly, it is illegal for any person to sell, offer to sell, barter, or give any tobacco product to any minor. A person selling goods at retail or wholesale may refuse to sell tobacco products to a person who is unable to provide an identity card as evidence that the person is 18 years of age or older.
Department of Workforce Solutions, Child Labor Section staff reported that the minimum age for employment is 14 but recommended that tobacco retail stores employees be at least 19 years of age.
N.M. Stat. § 30-49-3: Tobacco; prohibited sales
N.M. Stat. § 30-49-5: Refusal to sell tobacco products, e-cigarettes or nicotine liquid containers to person unable to produce identity card
N.M. Stat. § 30-49-6: Presenting false evidence of age or identity
Tobacco products may be sold by vending machines in the following locations only:
In locations not held open to the public, including controlled areas within factories, businesses and offices
In locations in which the vending machine is equipped with a remote-controlled lock-out device, or
In age-controlled locations where minors are not permitted unless accompanied by a parent or guardian
N.M. Stat. § 30-49-7(b): Vending machines; restrictions on sales of tobacco products
A person, firm, corporation, partnership or other entity engaged in the sale at retail of tobacco products must prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located, a printed sign or decal that reads as follows:
“A PERSON LESS THAN 18 YEARS OF AGE WHO PURCHASES A TOBACCO PRODUCT IS SUBJECT TO A FINE OF UP TO $100.
A PERSON WHO SELLS A TOBACCO PRODUCT TO A PERSON LESS THAN 18 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $1,000.”
N.M. Stat. § 30-49-9: Signs; point of sale
When a municipality or county adopts an ordinance or a regulation pertaining to sales of tobacco products, the ordinance or regulation must be consistent with the provisions of the Tobacco Products Act, E-Cigarette and Nicotine Liquid Container Act (N.M. Stat. § 30-49-1 to § 39-49-12).
N.M. Stat. § 30-49-11: Preemption
Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.
Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
In New Mexico, it is illegal for a person who sells, distributes, promotes, or advertises tobacco products to provide free samples of tobacco products to a minor. However, this prohibition does not apply to an individual who provides free samples of tobacco products in connection with the practice of cultural or ceremonial activities in accordance with the federal American Indian Religious Freedom Act.
N.M. Stat. § 30-49-8: Distribution of tobacco products as free samples prohibited; exception
Tobacco products subject to the tobacco products tax and registration requirements include tobacco products acquired or manufactured and given for consumption. Tobacco products acquired to be given out as part of a promotion must be reported on the Tobacco Products Tax Return (Form RPD 41192).
When a municipality or county adopts an ordinance or a regulation pertaining to sales of tobacco products, the ordinance or regulation must be consistent with the provisions of the Tobacco Products Act (N.M. Stat. § 30-49-1 to § 39-49-12).
N.M. Stat. § 30-49-11: Preemption