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the state of

New Mexico

State Legislative Info

GOVERNOR

Michelle Lujan Grisham
Office of the Governor
490 Old Santa Fe Trail
Room 400
Santa Fe, NM 87501
Phone: (505) 476-2200

THE SENATE

Chief Clerk of the Senate
Lenore Naranjo
Room 115 State Capitol
Santa Fe, NM 87501
Phone: (505) 986-4714

THE house

Chief Clerk of the House
Lisa Ortiz McCutcheon
State Capitol Room 100
Santa Fe, NM 87501
Phone: (505) 986-4751

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current laws & taxes

regulating smokeless tobacco & vapor products

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9 tips for being an advocate

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New Mexico CALLS TO ACTION

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New Mexico LAWS & TAXES

laws

  • No person shall knowingly sell, offer to sell, barter or give a tobacco product, an e-cigarette or a nicotine liquid container to a person under 18 years of age.1
  • No person under 18 years of age shall procure or attempt to procure any tobacco product, e-cigarette or nicotine liquid container for the minor’s own use or for use by another minor.1
  • No person shall sell, offer to sell or deliver a tobacco product, an e-cigarette or a nicotine liquid container in a form other than an original factory-sealed package.1
  • No person shall sell or offer to sell any nicotine liquid container at retail in this state unless such container is child-resistant; except that for the purpose of this subsection, “nicotine liquid container” does not include a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.1
  • A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors.5
  • The use, possession and distribution of tobacco products, e-cigarettes and nicotine liquid containers, is prohibited in school buildings, on school premises and by students at school-sponsored activities away from school grounds.2
  • Clean Indoor Air Act has been amended to prohibit the use of vapor products where smoking is prohibited.4

Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding.

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

taxes

  • Smoke-free tobacco products are subject to a state excise tax of 25% of the product value.3
  • Open system vapor products are subject to a state excise tax of 12.5% of the wholesale product value; and closed system vapor products are subject to 50¢ per pod or cartridge, to be paid by first purchaser (ie. person engaging in business in New Mexico.)4
  1. 2011 New Mexico Statutes Chapter 30: Criminal Offenses
    Article 49: Tobacco Products, 30-49-1 through 30-49-12 Section 30-49-3: Tobacco; prohibited sales.
  2. PRIMARY AND SECONDARY EDUCATION PUBLIC SCHOOL ADMINISTRATION – HEALTH AND SAFETY TOBACCO, ALCOHOL AND DRUG FREE SCHOOLS
  3. Sales Tax Handbook – New Mexico Tobacco Excise Taxes
  4. New Mexico Taxation & Revenue Tobacco Product Taxes
  5. 61-37-3. Prohibited sales; manufacturing; labeling; marketing; safety requirements

Updated February 2023

9 Tips for Being an Advocate

get to know your lawmakers

and where they stand on important issues. If you can, set up a face-to-face meeting to express your concerns. Otherwise, call or send a letter or email.
find my reps
01

track local legislation

through your municipal websites using keyword alerts. City officials can help you set these up.
02

share casaa calls to action

on social media and with friends and family.
03

complete our calls to action

sharing them is great, but make sure you complete our CTAs yourself and make your voice heard!
national ctas
04

Attend
hearings & meetings

even if you don't feel comfortable speaking, just being physically present can make a huge impact when many people show up to show their support for those speaking.
Tips for Meetings
05

register to vote

and make sure you participate in local, state, and federal elections.
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06

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in your area. We rely on crowdsourcing some information from our members - no one knows your community better than you!
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07

spread the word

encourage everyone you know to join CASAA and participate in CTAs. Our strength is in our numbers!
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08

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09
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