New Mexico

Recent updates! – Tobacco 21 Progress – Statewide Bill Tracker

2/1/2017 – New Mexico Senate Bill 319 Do Pass recommendation from Senate Public Affairs Committee, onto Senate Judiciary Committee
1/24/2017 – New Mexico Senate Bill 319 introduced by Sen. Cisco McSorley, referred to Senate Public Affairs Committee, then Senate Judiciary Committee


New Mexico has a slightly above national average rate of high school smoking, and an above national average rate of adult smoking. This is very suggestive of a lack of progress in tobacco use reduction. An estimated 40,000 children now under the age of 18 will eventually die due to smoking, with 1,000 children becoming daily smokers each year. The result is an annual health care cost of $844 million that is directly attributable to smoking. The state spends 30.5% of the CDC recommended amount on tobacco prevention. Unfortunately, due to preemption language in the state law, local governments are prohibited from enacting stricter youth access regulations. In order for Tobacco 21 to help local governments reverse the trend of smoking in the state, this language would need to be altered or removed. However, local support can still aid in a statewide effort. Start a local T21 coalition to testify and petition your City Council or County Commissioners to support the statewide effort! For more information you may contact:

Eric Brodell
Western Regional Director
Tobacco 21

Claudia Flores Rodas
Director, Southern Region
Tobacco Free Kids

or visit our sources:

Tobacco Free Kids New Mexico: “The Campaign for Tobacco-Free Kids is a leading force in the fight to reduce tobacco use and its deadly toll in the United States and around the world. Our vision: A future free of the death and disease caused by tobacco.”

American Lung Association State Report Card: “The ALA ‘State of Tobacco Control’ report tracks progress on key tobacco control policies at the state and federal levels, and assigns grades based on tobacco control laws and regulations in effect as of January 2, 2014.”

SLATI State Information New Mexico: “SLATI (State Legislated Actions on Tobacco Issues) is an extensively researched and invaluable source of information on tobacco control laws and policy, and is the only up-to-date and comprehensive summary of state tobacco control laws.”

The Preventing Tobacco Addiction Foundation and the Campaign For Tobacco Free Kids support these four principles for Tobacco 21 ordinances:

1) Include all tobacco and nicotine products, specifically e-cigarettes. The only exceptions would be FDA recognized nicotine replacement products (gum, patch, etc.) intended for cessation.
2) Include significant enforcement provisions against illegal sales as research shows that consistent enforcement is of critical importance.
3) Not include any pre-emption against local authority in more stringent regulation of tobacco or other nicotine product sales, secondhand smoke, or e-cigarette vapor.
4) Ideally not include possession, usage, or purchase (PUP) penalties that result in criminal records, and instead place the onus on the purveyors of these addictive products.

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