City of Albuquerque
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File #: O-22-26   
Type: Ordinance Status: In Committee
File created: 5/2/2022 In control: Public Safety Committee
Final action:
Enactment date: Enactment #:
Title: Amending The Criminal Code, Chapter 12, Article 4 Of The Revised Ordinances Of Albuquerque 1994, To Prohibit Smoking Cannabis In Public (Jones, Sanchez)
Attachments: 1. O-26
CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL


COUNCIL BILL NO. O-22-26 ENACTMENT NO. _______________

SPONSORED BY: Trudy E. Jones and Louie Sanchez


ORDINANCE
title
Amending The Criminal Code, Chapter 12, Article 4 Of The Revised Ordinances Of Albuquerque 1994, To Prohibit Smoking Cannabis In Public (Jones, Sanchez)
body
WHEREAS, The Cannabis Regulation Act, NMSA 1978, ? 26-2C-1 et seq., ("CRA") authorizes the consumption of cannabis and cannabis-related products in private spaces and licensed cannabis consumption areas; and
WHEREAS, The City Council aims to protect the health and safety of persons in the City of Albuquerque, regulate public consumption, and limit exposure to the harmful effects of secondhand cannabis smoke and the potential negative secondary effects on the use and enjoyment of public spaces by the general public; and
WHEREAS, The City Council finds it necessary to explicitly prohibit smoking cannabis in public.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Section 12-4-9 is hereby added to the Criminal Code, Chapter 12, Article 4, of the Revised Ordinances of Albuquerque, 1994, as follows:
"[? 12-4-9 SMOKING CANNABIS IN PUBLIC.
(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Smoking Cannabis in Public. Means inhaling, exhaling, burning, carrying or holding any lighted, heated, or otherwise volatilized cannabis product, including all types of cigarettes, cigars, pipes, e-cigarettes, vaporizers, and any other lighted cannabis product in a place to which the general public has access and includes hallways, lobbies and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; open space; places used in connection with p...

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