2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-12 - Smoking-permitted areas.

Notwithstanding any other provision of the Dee Johnson Clean Indoor Air Act, smoking-permitted areas include the following:
A. a private residence, unless it is used commercially to provide child care, adult care or health care or any combination of those activities;
B. a retail tobacco store; provided that, for a retail tobacco store established on or after the effective date of this 2019 act, the store shall be located in a standalone building;
C. a cigar bar; provided that, for a cigar bar established on or after June 14, 2019, the bar shall be located in a standalone building;
D. the facilities of a tobacco manufacturing company licensed by the United States to manufacture tobacco products that are operated by the company in its own name and that are used exclusively by the company in its business of manufacturing, marketing or distributing its tobacco products; provided that secondhand smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited under the Dee Johnson Clean Indoor Air Act;
E. a state-licensed gaming facility, casino or bingo parlor;
F. designated outdoor smoking areas;
G. private clubs;
H. hotel and motel rooms that are rented to guests and are designated as smoking-permitted rooms; provided that not more than ten percent of rooms rented to guests in a hotel or motel may be so designated;
I. a site that is being used in connection with the practice of cultural or ceremonial activities by Native Americans and that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a;
J. a theatrical stage or a motion picture or television production set when it is necessary for performers to smoke as part of the production; and
K. an indoor or outdoor cannabis consumption area pursuant to the Cannabis Regulation Act [26-2C-1 to 26-2C-42 NMSA 1978].
History:
Laws 2007, ch. 20, § 4; 2019, ch. 128, § 2; 2021 (1st S.S.), ch. 4, § 57.
ANNOTATIONS
The 2021 (1st S.S.) amendment,
effective June 29, 2021, added indoor or outdoor cannabis consumption areas pursuant to the Cannabis Regulation Act to the list of smoking-permitted areas; added Subsection K.
The 2019 amendment,
effective June 14, 2019, provided additional restrictions on smoking permitted areas; in Subsection A, deleted "except during hours of business operation while it is being" and added "unless it is"; in Subsection B, added "provided that, for a retail tobacco store established on or after the effective date of this 2019 act, the store shall be located in a standalone building"; in Subsection C, added "provided that, for a cigar bar established on or after the effective date of this 2019 act, the bar shall be located in a standalone building"; deleted Subsection F and redesignated former Subsections G and H as Subsections F and G, respectively; deleted Subsection I and redesignated former Subsection J as Subsection H; in Subsection H, after "not more than", deleted "twenty-five" and added "ten"; deleted Subsection K and redesignated former Subsection L as Subsection I; and deleted Subsection M and redesignated former Subsection N as Subsection J.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.