E-Cigarette Regulations - New Mexico

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
N.M. Stat. Ann. § 7-12A-2(L) (2019)

 

How does the state define an e-cigarette?

Tax, Youth Access and Use Restrictions

E-cigarette means “(1) . . . any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and (2) includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor . . . .”
N.M. Stat. Ann. §§ 30-49-2(B); 7-12A-2(E) (2019); N.M. Code R. § 6.12.4.7(B) (2019)

Nicotine liquid container means “a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e-cigarette.”
N.M. Stat. Ann. § 30-49-2(D) (2019)N.M. Code R. § 6.12.4.7(E) (2019)

Trade practices

Electronic delivery device means “any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking.”
N.M. Stat. Ann. § 57-2C-1(C)(2) (2019)

Nicotine liquid container means “a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device [excepting those] pre-filled and sealed . . . and not intended to be opened by the consumer.”
N.M. Stat. Ann. § 57-2C-1(C)(3) (2019)

Use

E-cigarette means “a product containing or delivering nicotine or another substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product, including a device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah or vape pen or under another product name or descriptor.”
N.M. Stat. Ann. § 24-16-3(E) (2019)

Tax

E-liquid means “liquid or other substance intended for use in an e-cigarette, not including any substance containing cannabis or oil derived from cannabis.”
N.M. Stat. Ann. § 7-12A-2(F) (2019) (effective July 1, 2019)

Closed system cartridge means “a single-use, pre-filled disposable cartridge containing five milliliters or less of e-liquid for use in an e-cigarette.”
N.M. Stat. Ann. § 7-12A-2(D) (2019) (effective July 1, 2019)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

E-liquid taxed at rate equal to 12.5% of product value.
N.M. Stat. Ann. § 7-12A-3(D) (2019) (effective July 1, 2019)

Closed-system catridges taxed at rate of $0.50 per cartridge.
N.M. Stat. Ann. § 7-12A-3(E) (2019) (effective July 1, 2019)

 

What regulations are in place for e-cigarette packaging?

Nicotine liquid must be sold in child-resistant containers (unless prefilled, sealed, and not intended to be opened by consumer).
N.M. Stat. Ann. §§ 30-49-3(D)57-2C-1(A) (2019)

E-cigarettes and nicotine liquid containers must be sold in “original factory-sealed package”.
N.M. Stat. Ann. § 30-49-3(C) (2019)

 

What restrictions are in place for retail or youth access?

Sale/distribution of e-cigarettes or a nicotine liquid container to persons under age 18 prohibited.
N.M. Stat. Ann. §§ 30-49-3(A),(E); 30-49-8(A) (2019)

Procurement of e-cigarette or nicotine liquid container by persons under age 18 prohibited.
N.M. Stat. Ann. § 30-49-3(B) (2019)

Self-service displays of e-cigarettes and nicotine liquid prohibited.
N.M. Stat. Ann. § 30-49-7(A) (2019)

Vending machine sales of e-cigarettes and nicotine liquid containers restricted to locations inaccessible by minors.
N.M. Stat. Ann. § 30-49-7 (B) (2019)

 

Is a retail license or permit required to sell e-cigarettes?

No

 

What smoke-free restrictions exist for e-cigarette use?

Use of e-cigarettes included in definition of “smoking”  (N.M. Stat. Ann. § 24-16-3(N) (2019) (definition of “smoking”)), including workplaces and indoor public places (N.M. Stat. Ann. § 24-16-4) (2019)), and reasonable distances from entrances, windows and ventilation systens if places where smoking is prohibited (N.M. Stat. Ann. § 24-16-13 (2019))

Use/possession/distribution of nicotine liquid containers and e-cigarettes prohibited on school property and by students at school-sponsored activities.
N.M. Code R. § 6.12.4.8(A) (2019)

 

New Mexico e-cigarette regulation as of June 15, 2019.

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