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2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers
Section 30-49-3 - Tobacco products, e-cigarettes and nicotine liquid containers; prohibited sales.

Universal Citation: NM Stat § 30-49-3 (2018)
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30-49-3. Tobacco products, e-cigarettes and nicotine liquid containers; prohibited sales.

A. No person shall knowingly sell, offer to sell, barter or give a tobacco product, an e-cigarette or a nicotine liquid container to a minor.

B. No minor shall procure or attempt to procure any tobacco product, e-cigarette or nicotine liquid container for the minor's own use or for use by another minor.

C. No person shall sell, offer to sell or deliver a tobacco product, an e-cigarette or a nicotine liquid container in a form other than an original factory-sealed package.

D. No person shall sell or offer to sell any nicotine liquid container at retail in this state unless such container is child-resistant; except that for the purpose of this subsection, "nicotine liquid container" does not include a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.

E. The online internet sale of e-cigarettes or nicotine liquid containers to a minor in New Mexico is prohibited.

History: Laws 1993, ch. 244, § 3; 2015, ch. 98, § 3.

ANNOTATIONS

The 2015 amendment, effective June 19, 2015, prohibited the sale of e-cigarettes and nicotine liquid containers to minors and required certain nicotine liquid containers to be child-resistant; in the catchline, after "Tobacco", added "products, e-cigarettes and nicotine liquid containers"; in Subsection A, after "barter or give", deleted "any" and added "a", after "tobacco product", added "an e-cigarette or a nicotine liquid container", and after "to", deleted "any" and added "a"; in Subsection B, after "procure any tobacco", deleted "products" and added "product, e-cigarette or nicotine liquid container", after "for", deleted "his" and added "the minor's", and after "use by", deleted "any other" and added "another"; in Subsection C, after "tobacco product", added "an e-cigarette or a nicotine liquid container"; and added Subsections D and E.

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