NM Outdoor Consumption and Onsite Cannabis Use Regulations

We, the undersigned, petition for the adoption of new local regulations allowing outdoor consumption and onsite smoking, vaporization, and ingestion of cannabis and cannabis products. Additionally, we seek the approval of the preparation and sale of noncannabis food and beverage products, as well as ticketed live performances at licensed cannabis consumption venues. These changes will enhance business viability, stimulate local economies, and ensure safe consumption practices while maintaining public health and safety standards.

Proposed Regulations A local jurisdiction may permit the following activities if all conditions are met:

1. Age Restriction and Signage:

   • Access to areas permitting cannabis consumption must be restricted to individuals aged 21 or older.

   • Prominent signage must be placed at each entrance warning of permitted cannabis consumption, including smoking.

2. Visibility and Public Exposure:

   • Cannabis consumption must not be visible from any public space or non-age-restricted area. 

3. Prohibition of Alcohol and Tobacco:

   • The sale and consumption of alcohol or tobacco products must be prohibited on the premises.

4. Separation of Cannabis and Noncannabis Products:

   • Noncannabis food or beverages must not be contaminated by or commingled with cannabis products.

5. Food Safety Regulations:

   • Employees and customers are prohibited from smoking or vaporizing cannabis in food preparation, storage, or warewashing areas.

      

6. Ventilation and Filtration:

   • Local jurisdictions must consider requiring adequate ventilation and filtration systems to prevent the migration of smoke and odors.

   • Systems must prevent smoke from affecting other parts of the building or neighboring properties.

   • Jurisdictions may allow or prohibit different forms of cannabis consumption at licensed premises.

7. Employee Health and Safety:

   • Employees must be allowed to wear N95 or NIOSH-rated masks at their discretion without penalty.

   • Employers must provide these masks at no cost.

   • Upon hiring, employees working in cannabis consumption areas must be provided written guidance from the Department of Public Health regarding secondhand cannabis smoke risks.

   • Consumption lounges must include secondhand smoke risks in their workplace injury and illness prevention programs.

8. Loitering and Security:

   • Loitering in or around cannabis consumption businesses is prohibited, and licensees must ensure compliance.

Benefits and Economic Opportunities These regulations will enable local jurisdictions to modernize their cannabis policies, benefiting communities in multiple ways:

• Economic Growth: By allowing the sale of noncannabis food and beverage products and ticketed live entertainment, cannabis retailers and microbusinesses can diversify their revenue streams, creating jobs and increasing local and state tax revenue.

• Public Safety: Regulated consumption spaces provide safer alternatives to public cannabis use, reducing unregulated and illicit activities.

• Consumer and Employee Protection: Strict health and safety measures will ensure responsible consumption while safeguarding employees from potential risks.

Impact on Existing Onsite Consumption Businesses Even jurisdictions that previously allowed onsite cannabis consumption must update their regulations to comply with these enhanced health and safety measures. This presents an opportunity to:

• Incorporate proper ventilation and filtration requirements.

• Establish protections for employees.

• Expand business models to include food service and entertainment.

Next Steps for Local Governments We urge cities and counties to proactively update their cannabis ordinances to reflect these necessary changes, ensuring:

• The inclusion of food and beverage service options in compliance with health codes.

• The ability to host live performances with ticket sales at cannabis consumption venues.

• Clear operational rules on age restrictions, ventilation, employee protections, and consumer safety.

Conclusion By adopting these proposed changes, local jurisdictions can foster a responsible and sustainable cannabis industry while addressing community concerns. We urge municipal authorities to support this petition and take the necessary steps to update cannabis ordinances accordingly.