City of Albuquerque
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File #: O-22-30   
Type: Ordinance Status: In Committee
File created: 6/6/2022 In control: Public Safety Committee
Final action:
Enactment date: Enactment #:
Title: Adding A New Part 7 To Chapter 9, Article 5 Of The Revised Ordinances Of Albuquerque 1994, To Prohibit Smoking Of Cannabis In Public, And Creating A Civil Penalty. (Fiebelkorn)
Attachments: 1. O-30
CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL


COUNCIL BILL NO. O-22-30 ENACTMENT NO. ________________________

SPONSORED BY: Tammy Fiebelkorn


ORDINANCE
title
Adding A New Part 7 To Chapter 9, Article 5 Of The Revised Ordinances Of Albuquerque 1994, To Prohibit Smoking Of Cannabis In Public, And Creating A Civil Penalty. (Fiebelkorn)
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 smoking, 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, pursuant to the CRA, NMSA 1978, ? 26-2C-26, a person who smokes cannabis in a public place, except in a cannabis consumption area shall be subject to a civil penalty of fifty dollars ($50.00); and
WHEREAS, 311 reports that it has received only 10 calls for public cannabis smoking over the past 5 years, and it has not received a single complaint in the time since cannabis became legal in April 2021; and
WHEREAS, criminalizing lawful conduct that the State has deemed only a civil infraction may be contrary to State law and is unnecessary when public cannabis smoking is not a problem; and
WHEREAS, because violations constitute a civil penalty and the Albuquerque Police Department is already overloaded, the Environmental Health Department should be responsible for enforcing this prohibition within the City; and
WHEREAS, for Fiscal Year 2023, the City Council appropriated funding to the Environmental Health Department for Cannabis Services; and
WHEREAS, the City Council finds it necessary to explicitly prohibit smoking of cannabis in public and create a procedure for enfo...

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