Cannabis consumption is prohibited outdoors in Las Cruces, even on parts of your property

by Jhovani Carrillo

Thu, March 31st 2022, 3:57 AM UTC

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Water pipes (KFOX14/CBS4)

LAS CRUCES, N.M. (CBS4) — Cannabis for recreational use will be legal in New Mexico on Friday. But, before you blaze up, you may want to consider where you will be smoking so you don't get in trouble with the law.

This week, the Las Cruces City Council discussed the legalities and the places where people can consume marijuana once it becomes available for adults 21 and older.

Robert Cabello, the deputy chief attorney for the City of Las Cruces, said recreational marijuana is prohibited outdoors.

"The city, of course, prohibits the recreational cannabis consumption outdoors that is consistent with Ordinance Number 2986," said Cabello.

Cannabis is similar to alcohol; it can be consumed in places where marijuana is served and consumed.

“There aren’t really public places where people can consume. Some dispensaries are opening consumption areas," said Eric Haugen, manager at Green Goods.

According to Cabello, people can consume it inside their own homes. Nonetheless, the city says there are still regulations people need to follow on their own properties.

"If you are in your front yard, it’s not an area where you could be smoking. That's still probably your residence, but that's not a place where you can be smoking," said Cabello. "Now if it’s in your backyard, I would suggest an area that’s probably closed off to the public may be where other people can’t see."

He added that in any designated outdoor area where people can smoke tobacco, marijuana will not be allowed to be consumed.

"The only consumption areas allowed are indoor," said Cabello.

Haugen said his store does not have an area where his customers can smoke his products but said the hopes to have one in the future.

“I think it kind of creates a place where people feel, you know, there’s no judgment, there’s no shame, you know, this is the medicine they can consume," said Haugen.

CBS4 reached out to New Mexico State University and Sunland Park Casino and asked if marijuana will be allowed on their properties once recreational sales become legal.

The casino and NMSU both said smoking marijuana is prohibited on property and indoors.

Below is a list of actions that could still get you in trouble with the law even after recreational marijuana becomes legal:

Any possession on school property or daycare is a misdemeanor.
Public possession of 2-8 ounces is a misdemeanor.
Over 8 ounces is a felony.
Underage possession between 18 and 20 years old is a civil penalty.
Selling to minors under the age of 18 is a felony
Driving under the influence is against the law. Driving under the influence is against the law. A DWI conviction can have both civil and financial consequences. New Mexico drunk driving criminal court cases can result in punishment, including jail time, fines, mandatory DWI educational programs, ignition interlock devices, etc. A DWI conviction may result in a driver’s license suspension from 90 days to one year or more.

Driving under the influence of drugs, including cannabis, puts others at risk – plain and simple,” said New Mexico Department of Public Safety Secretary Jason R. Bowie. “New Mexicans should know that drivers who are impaired to the slightest degree can go to jail. Just don’t get behind the wheel of a vehicle under the influence.

The Texas Department of Public Safety released the following statement recreational use of Marijuana:

The Texas Department of Public Safety is committed to enforcing the state laws of Texas and will continue to do so in order to protect the people and property of this state. Texas Highway Patrol Troopers will continue to be out on the roads just as they have been and, at this time, no specific enforcement initiatives are planned as a result of law changes in other states.

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