N.M. Stat. » N.M. Stat. / Chapter 24 / Article 16
New Mexico Statutes

N.M. Stat. § 24-16-4 (2026)

Smoking prohibited.

✓ current as of May 2026
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A. It is unlawful for a person to smoke in any indoor workplace or indoor public
place or in buses, taxicabs or other means of public transit not specifically exempted
pursuant to the Dee Johnson Clean Indoor Air Act.

   B. No part of the state capitol or capitol north shall be designated as a smoking-
permitted area.

History: Laws 1985, ch. 85, § 4; 1999, ch. 250, § 1; 2002, ch. 2, § 1; 2007, ch. 20, § 3.
                                    ANNOTATIONS

The 2007 amendment, effective June 15, 2007, deleted "a public place or a public
meeting except in smoking permitted areas" and added the provision that prohibits
smoking in any indoor workplace or indoor public place or in buses, taxicabs or other
public transit not exempted pursuant to the Dee Johnson Clean Indoor Air Act.

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.

The 2002 amendment, effective May 15, 2002, made a minor stylistic change in the
first sentence, and in the second sentence deleted "Except for private offices and the
house and senate lounges" and added "or capitol north".

The 1999 amendment, effective June 18, 1999, added the last sentence.
Notes of Decisions
Cited in 3 cases, 2004–2012 · leading case: NYC C.L.A.S.H., Inc. v. City of New York, 315 F. Supp. 2d 461 (S.D.N.Y. 2004).
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NYC C.L.A.S.H., Inc. v. City of New York, 315 F. Supp. 2d 461 (S.D.N.Y. 2004). “2491 (2004); N.M. Stat. Ann. § 24-16-4 (Michie 2003); R.”
Curious Theater Co. v. Colorado Dep't of Pub. Health & Env't, 216 P.3d 71 (Colo. Ct. App. 2008). “4167(9) (2007) (smoking permitted “as part of a theatrical performance” as long as advance notice of smoking is given to theater patrons); N.M. Stat. § 24-16-4(N) (as amended by H.”
Amvets Post 711 v. Rutter, 863 F. Supp. 2d 670 (N.D. Ohio 2012). “§ 26:3D-58; N.M. Stat. Ann. § 24-16-4 ; Ore.Rev.Stat.”
— N.M. Stat. § 24-16-4(N) — 1 case
Curious Theater Co. v. Colorado Dep't of Pub. Health & Env't, 216 P.3d 71 (Colo. Ct. App. 2008). “4167(9) (2007) (smoking permitted “as part of a theatrical performance” as long as advance notice of smoking is given to theater patrons); N.M. Stat. § 24-16-4(N) (as amended by H.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.