City of Albuquerque
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File #: O-21-83   
Type: Ordinance Status: In Committee
File created: 11/15/2021 In control: Land Use, Planning, and Zoning Committee
Final action:
Enactment date: Enactment #:
Title: Amending Chapter 9, Article 5, Part 5 Of The Revised Ordinances Of Albuquerque (The "Albuquerque Clean Indoor Air Ordinance") Regarding Public Consumption Of Cannabis Following The Enactment Of The New Mexico Cannabis Regulation Act, NMSA 1978, Section 26-2C-1 Et Seq (Benton)
Attachments: 1. O-83
CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL


COUNCIL BILL NO. O-21-83 ENACTMENT NO. ________________________

SPONSORED BY: Isaac Benton


ORDINANCE
title
Amending Chapter 9, Article 5, Part 5 Of The Revised Ordinances Of Albuquerque (The "Albuquerque Clean Indoor Air Ordinance") Regarding Public Consumption Of Cannabis Following The Enactment Of The New Mexico Cannabis Regulation Act, NMSA 1978, Section 26-2C-1 Et Seq (Benton)
body
WHEREAS, The Cannabis Regulation Act, NMSA 1978, ? 26-2C-1 et seq., ("CRA") was signed into law by the New Mexico Legislature on April 12, 2021; and
WHEREAS, The CRA contains provisions authorizing the possession, consumption, purchase, processing, manufacturing, and transport of cannabis and cannabis-related products by an individual who is at least twenty-one (21) years of age; and
WHEREAS, The CRA provides the regulatory framework for the licensing and operation of cannabis establishments which are authorized to engage in the retail sale, cultivation, processing, manufacture, and transport of cannabis and cannabis-related products; and
WHEREAS, The New Mexico Legislature subsequently amended the Dee Johnson Clean Indoor Air Act, NMSA 1978, ? 24-16-1 et seq. to include cannabis smoke regulations; and
WHEREAS, The Albuquerque Clean Indoor Air Act is intended to model and expand the provisions of the Dee Johnson Clean Indoor Air Act; and
WHEREAS, The Albuquerque Clean Indoor Air Act, Section 9-5-5-1 et seq. currently regulates only tobacco smoke; and
WHEREAS, The City Council also aims to protect the health and safety of persons in the City of Albuquerque and limit exposure to the harmful effects of secondhand cannabis smoke; and
WHEREAS, The City Council finds that in order to integrate changes to State law, conforming changes must be made to the Albuquerque Clean Indoor Air Act, to regulate exposure to cannabis smoke and define the limited areas in which public consumption of ...

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