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New Mexico
New Mexico

Identification

  • Acceptable Identification
    • New Mexico Motor Vehicle Division (MVD)
    • MVD Drivers License / ID
    • N.M. Stat. § 66-5-2
    • New Mexico accepts the following as valid forms of identification for most purposes (voting, government services):
      • Driver’s License issued by New Mexico or another state.
      • State Identification Card issued by the New Mexico Motor Vehicle Division (MVD).
      • U.S. Passport or Passport Card.
      • Military ID or Veteran’s ID.
      • Tribal Identification Card issued by a recognized Native American tribe.
      • Permanent Resident Card (Green Card) or Employment Authorization Document (EAD).
      • REAL ID-compliant Identification Card or Driver’s License.
  • Acceptable Digital Identification
    • New Mexico Motor Vehicle Division (MVD)
    • MVD Drivers License / ID
    • New Mexico recognizes digital identification for certain purposes, such as proving identity during traffic stops or accessing government services.
    • Acceptable digital IDs include:
      • Mobile Driver’s Licenses (mDLs): Digital versions of state-issued driver’s licenses stored on a smartphone or other electronic device.
      • Digital Tribal IDs: If issued and approved by a recognized Native American tribe.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • New Mexico Mobile ID
    • MVD Drivers License / ID
    • Requirements for Physical IDs:
      • To obtain a REAL ID-compliant Driver’s License or State ID Card, applicants must provide:
        • Proof of Identity: Birth certificate, U.S. Passport, or other government-issued document.
        • Proof of Social Security Number: Social Security card, W-2 form, or pay stub.
        • Proof of New Mexico Residency: Utility bill, lease agreement, or bank statement showing a New Mexico address.
        • Proof of Lawful Status: U.S. citizenship or legal presence documentation (e.g., Green Card, visa).
    • Requirements for Digital IDs:
      • To obtain a Mobile Driver’s License (mDL):
        • Applicants must first hold a valid physical driver’s license or state ID card issued by the New Mexico MVD.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • MVD Drivers License / ID
    • Non-citizens and foreign nationals may use the following forms of identification:
      • Foreign Passport (with or without a valid U.S. visa).
      • Consular Identification Card issued by their country of origin (e.g., Matricula Consular for Mexican nationals).
      • Employment Authorization Document (EAD) issued by the U.S. government.
      • Permanent Resident Card (Green Card).
      • REAL ID-compliant Driver’s License or State ID Card issued by New Mexico.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • N.M. Stat. § 66-5-9
    • MVD Drivers License / ID
    • Yes, undocumented individuals can obtain a Driver’s Authorization Card (DAC) or Non-REAL ID State Identification Card in New Mexico.
    • Requirements for undocumented individuals to obtain a DAC or State ID include:
      • Proof of Identity: Foreign passport, consular ID, or other government-issued document.
      • Proof of New Mexico Residency: Utility bill, lease agreement, or other document showing a New Mexico address.
      • Proof of Taxpayer Identification: Individual Taxpayer Identification Number (ITIN) or other tax documentation.
         Note: DACs and non-REAL ID State IDs cannot be used for federal purposes, such as boarding flights or entering federal buildings.
  • What privacy protections are in place for Digital Id’s in this state?
    • Mobile ID Release 
    • The New Mexico Mobile ID is designed with security and privacy in mind. The app securely and privately accepts mobile driver’s licenses and ID cards on devices like iPhones, without the need for additional hardware.
  • Can Digital IDs be legally used for law enforcement verification?
    • While New Mexico has launched digital driver’s licenses and state IDs, their acceptance is currently limited. Residents are advised to continue carrying their physical driver’s license or ID, as not all establishments or law enforcement agencies may recognize digital IDs at this time.

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • N.M. Stat. § 60-7B-1
    • National Minimum Drinking Age Act of 1984
    • Federal Law:
      • Under the Federal Minimum Drinking Age Act of 1984, individuals must be 21 years old to purchase or publicly possess alcohol. However, states have discretion to regulate access to venues that serve alcohol.
    • New Mexico State Law:
      • Individuals must be 21 years old to enter a bar or any establishment licensed to sell alcohol unless they are:
        • Accompanied by a parent, guardian, or spouse who is 21 years or older.
        • Entering the premises for employment purposes (working as a server or bartender).
        • Entering a restaurant or venue where alcohol is served but food is the primary business (a family-friendly restaurant that serves alcohol).
  • Age permitted to consume Alcohol
    • N.M. Stat. § 60-7B-1
    • The legal drinking age in New Mexico is 21 years old.
    • Minors (under 21) are prohibited from consuming alcohol, with certain exceptions.
  • Age permitted to serve Alcohol
    • N.M. Stat. § 60-7A-19
    • The minimum age to serve alcohol in New Mexico is:
      • 18 years old for serving alcohol in a restaurant or bar.
      • 21 years old to work as a bartender or to sell alcohol in a liquor store.
  • Age permitted to purchase Alcohol
    • N.M. Stat. § 60-7B-1
    • The legal age to purchase alcohol in New Mexico is 21 years old.
    • It is prohibited for individuals under 21 to purchase or attempt to purchase alcohol.
  • What is the consumable limit (if any)
    • N.M. Stat. § 66-8-102
    • There is no specific consumable limit for alcohol in New Mexico; however:
      • It is illegal to consume alcohol to the point of public intoxication or to drive with a BAC above the legal limit.
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • N.M. Stat. § 66-8-102
    • The legal BAC limit in New Mexico is:
      • 0.08% for drivers aged 21 and older.
      • 0.04% for commercial drivers.
      • 0.02% for drivers under the age of 21 (zero-tolerance policy).
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • N.M. Stat. § 60-7B-1
    • Yes, there are limited exceptions where minors may legally consume alcohol:
      • Religious Ceremonies: Minors may consume alcohol as part of a bona fide religious ceremony (communion).
      • Parental Supervision: Parents or legal guardians may allow their children to consume alcohol in a private residence.
      • Note: These exceptions do not permit public possession or intoxication by minors.
  • What are the penalties for providing alcohol to minors at a private residence?
    • N.M. Stat. § 60-7B-1
    • New Mexico Social Host Liability Laws
    • New Mexico State Law:It is illegal to provide alcohol to minors at a private residence unless the minor is your child or legal ward.
    • Penalties for providing alcohol to minors include:
      • First Offense: Misdemeanor charge, punishable by up to 364 days in jail and/or a fine of up to $1,000.
      • Subsequent Offenses: Increased fines and potential felony charges.
      • Civil Liability: Adults who provide alcohol to minors may also face civil liability if the minor causes harm to themselves or others (in a car accident).

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • Federal Law:
      • FDA Tobacco 
      • N.M. Stat. § 61-37-1
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
    • New Mexico State Law:
      • New Mexico follows federal law, which requires individuals to be 21 years old to enter tobacco retailers or venues where the primary business is the sale of tobacco products (cigar shops, smoke shops, or lounges).
      • Exceptions:
        • Individuals under 21 may enter if accompanied by a parent or legal guardian.
  • Age permitted to use Tobacco
    • N.M. Stat. § 61-37-1
    • The minimum age to use tobacco products in New Mexico is 21 years old, consistent with federal law.
    • This applies to all forms of tobacco, including cigarettes, cigars, smokeless tobacco, and vaping products.
  • Age permitted to sell Tobacco
    • N.M. Stat. § 61-37-1
    • Individuals must be at least 18 years old to sell tobacco products in New Mexico.
    • Employers are responsible for ensuring that employees selling tobacco comply with state and federal laws regarding age verification for purchasers.
  • Age permitted to purchase Tobacco
    • FDA Tobacco
    • N.M. Stat. § 61-37-1
    • The legal age to purchase tobacco in New Mexico is 21 years old, consistent with federal law.
    • Retailers are required to verify the age of purchasers by checking government-issued identification.
  • What is the consumable limit (if any)
    • N.M. Stat. § 24-16-1 – Clean Indoor Air Act
    • There is no specific consumable limit for tobacco products in New Mexico. However:
      • Smoking or vaping is prohibited in certain public places under the Dee Johnson Clean Indoor Air Act (workplaces, restaurants, public buildings).
  • What is the purchase limit (if any)
    • FDA Tobacco 
    • There is no statewide purchase limit for tobacco products in New Mexico.
    • Retailers may impose their own limits, and federal law prohibits bulk purchases intended for resale without proper licensing.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • N.M. Stat. § 61-37-1
    • FDA Regulations on ENDS
    • Yes, vaping products are regulated similarly to traditional tobacco products but with additional provisions:
      • Vaping products are classified as Electronic Nicotine Delivery Systems (ENDS) and must comply with the same age restrictions (21+) as traditional tobacco.
      • Retailers must obtain a license to sell vaping products.
      • The sale of vaping products is prohibited in vending machines unless located in an adult-only facility.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • FDA Guidance on Flavored Tobacco Products
    • New Mexico Department of Health
    • Federal Law:
      • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.This ban applies to products like JUUL pods or other pre-filled flavored cartridges.
      • Disposable e-cigarettes (Puff Bars) are not banned under federal law but must comply with FDA regulations.
    • New Mexico State Law:
      • New Mexico does not currently have a statewide ban on flavored vaping products or disposable e-cigarettes.
      •  Local municipalities may impose additional restrictions on the sale of flavored tobacco or vaping products.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • N.M. Stat. § 26-2C-1 – Cannabis Regulation Act
      • Federal Law:
        • Cannabis is illegal under federal law. It is classified as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812). Federal law prohibits the possession, sale, or use of cannabis, regardless of age, except for limited research purposes.
        • Federal law does not regulate state-level cannabis programs, and states like New Mexico have legalized cannabis for recreational and medical use.
      • New Mexico State Law:
        • Under the Cannabis Regulation Act, individuals must be 21 years old to enter a dispensary or cannabis retailer.
        • Individuals under 21 years old are prohibited from entering cannabis retailers or venues unless they are registered under the state’s Medical Cannabis Program.
  • Age permitted to use Cannabis
    • N.M. Stat. § 26-2C-1 – Cannabis Regulation Act
    • New Mexico Medical Cannabis Program
    • Recreational cannabis use is legal for individuals aged 21 years or older.
    • Medical cannabis use is permitted for individuals of any age if they are a registered patient under the state’s Medical Cannabis Program and have a qualifying condition. Minors must have a designated caregiver (parent or guardian) to administer medical cannabis.
  • Age permitted to sell Cannabis
  • Age permitted to purchase Cannabis
  • What is the consumable limit (if any)
    • N.M. Stat. § 26-2C-1 – Cannabis Regulation Act
    • For recreational users, the consumable limit is:
      • Up to 2 ounces of cannabis flower.
      • Up to 16 grams of cannabis extract (concentrates).
      • Up to 800 milligrams of edible cannabis-infused products.
    • For medical cannabis patients, there is no specific “consumable limit,” but patients may only possess what they are legally allowed to purchase (see purchase limits below).
  • What is the purchase limit (if any)
    • N.M. Stat. § 26-2C-1 – Cannabis Regulation Act
    • New Mexico Medical Cannabis Program
    • Recreational users are limited to purchasing:
      • Up to 2 ounces of cannabis flower per transaction.
      • Up to 16 grams of cannabis extract (concentrates).
      • Up to 800 milligrams of edible cannabis-infused products per transaction.
    • Medical cannabis patients are allowed to purchase up to 425 units of cannabis products within a 90-day period. A “unit” is equivalent to 1 gram of flower or 200 milligrams of THC in other forms (edibles, concentrates).
  • Can minors obtain medical cannabis with a prescription?
    • New Mexico Medical Cannabis Program
    • N.M. Stat. § 26-2B-1 – Lynn and Erin Compassionate Use Act
    • Yes, minors can obtain medical cannabis if they are registered under the state’s Medical Cannabis Program.
    • Requirements for minors:
      • The minor must have a qualifying medical condition ( epilepsy, cancer, PTSD).
      • A certification from a healthcare provider is required.
      • The minor must have a designated caregiver (parent or legal guardian) who is responsible for obtaining and administering the medical cannabis.
      • Caregivers must also register with the Medical Cannabis Program.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Title 18 U.S.C. § 1470
    • Federal Law:
      • There is no specific federal law that explicitly sets an age for accessing adult content online. However, under Title 18 U.S. Code § 1470, it is illegal to distribute obscene material to minors (under 18 years old).
      • Websites hosting adult content are expected to restrict access to individuals aged 18 years or older by implementing age verification mechanisms.
    • New Mexico State Law:
      • New Mexico does not have specific state laws regulating the age to access adult content online. Federal law applies, and individuals must be 18 years or older to legally access adult content.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • N.M. Stat. § 60-7B-1
    • The minimum age to access adult retailers and venues in New Mexico is 18 years old. This includes sex shops, stores selling adult-themed merchandise, and burlesque shows.
    • For establishments serving alcohol, such as strip clubs, individuals must be 21 years old to enter, in compliance with New Mexico’s alcohol laws.
  • Are websites required to verify age for accessing adult content?
    • Title 18 U.S.C. § 1470
    • Federal Law:
      • Federal law does not explicitly require age verification for accessing adult content online. However, under Title 18 U.S. Code § 1470, distributing obscene material to minors is a federal crime.
      • Most adult content websites implement age verification measures (requiring users to confirm they are 18+) to comply with federal obscenity laws and avoid liability.
    • New Mexico State Law:
      • New Mexico does not have specific laws requiring websites to verify the age of users accessing adult content. Federal law applies.
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • Federal Law:
      • The minimum age to work in the adult entertainment industry (as a performer in sexually explicit content) is 18 years old under federal law.
      • Employers must verify the age of performers and maintain detailed records under Title 18 U.S. Code § 2257.
    • New Mexico State Law:
      • New Mexico does not have specific state laws regulating the minimum age for working in the adult entertainment industry. Federal law applies, and individuals must be 18 years old to legally work in this industry.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
      • Federal law mandates that producers of sexually explicit content must maintain detailed age verification rcords for all performers.
      • Penalties for violating this law include:
        • Fines: Up to $250,000.
        • Imprisonment: Up to 10 years in federal prison.
    • New Mexico State Law: New Mexico does not have specific state-level penalties for providing minors access to adult material online. Federal law applies.

Voting

  • Age permitted to register to vote in the state
    • N.M. Stat. § 1-4-2
    • Federal Law:
    • New Mexico State Law:
      • In New Mexico, individuals may preregister to vote at 16 years old, but they must be at least 18 years old on or before Election Day to cast a ballot.
      • Preregistration allows individuals under 18 to complete their voter registration early so they are automatically eligible to vote once they turn 18.
  • Age permitted to vote in the state
    • N.M. Stat. § 1-4-2
    • The minimum age to vote in New Mexico is 18 years old.
    • Individuals who are pre registered to vote and turn 18 on or before Election Day are eligible to vote in that election.
  • What Identification requirements are needed to vote on a regular ballot
    • N.M. Stat. § 1-12-7.1
    • New Mexico does not require voters to show identification to vote on a regular ballot unless they are first-time voters who registered by mail and did not provide identification at the time of registration.
    • For first-time voters who registered by mail, acceptable forms of identification include:
      • A current and valid photo ID (driver’s license, state ID card).
      • A document showing the voter’s name and address, such as:
      • A utility bill.
      • A bank statement.
      • A government check.
      • A paycheck.
      • Any other government document.
  • What Identification requirements are needed to vote on a Provisional ballot
    • N.M. Stat. § 1-12-8
    • Voters who cast a provisional ballot are not required to present identification at the time of voting.
    • For the provisional ballot to be counted, election officials will verify the voter’s eligibility by checking the voter registration records.
    • If additional information is required, the voter may be asked to provide documentation to confirm their identity or eligibility.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • N.M. Stat. § 1-4-2
    • N.M. Stat. § 1-20-8
    • Federal Law:
      • Under the Voting Rights Act of 1965, states are prohibited from enacting voting practices or procedures that discriminate based on race, color, or membership in a language minority group.
      • Under the National Voter Registration Act of 1993 (NVRA):
        • States must allow voter registration at motor vehicle agencies (DMV).
        • States must provide mail-in voter registration forms.
        • States must maintain accurate voter registration rolls.
      • Under the Help America Vote Act of 2002 (HAVA):
        • States must provide at least one accessible voting machine per polling place for individuals with disabilities.
        • First-time voters who register by mail must provide proof of identity before voting.
    • New Mexico State Law:
      • Voter Eligibility Requirements:
        • Must be a U.S. citizen.
        • Must be a resident of New Mexico.
        • Must be at least 18 years old on or before Election Day.
        • Must not have been declared legally mentally incapacitated by a court.
        • Must not currently be serving a sentence for a felony conviction (voting rights are restored after completing incarceration, parole, and probation).
      • Voting Restrictions:
        • Individuals currently serving a sentence for a felony conviction are not eligible to vote.
        • Voter fraud (voting more than once, impersonating another voter) is a criminal offense under New Mexico law.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
      • Federal Law: Terry v. Ohio (392 U.S. 1, 1968):
        • Under Terry v. Ohio, an officer may stop and briefly detain a person if the officer has reasonable suspicion that the person is involved in criminal activity.
        • During such a stop, some states require individuals to identify themselves if requested.
      • New Mexico State Law:
        • New Mexico does not have a “Stop and Identify” law, meaning individuals are not required to provide identification to police during a stop unless:
          • They are operating a motor vehicle (see Traffic Stops below).
          • They are lawfully arrested or detained with reasonable suspicion of a crime.
        • If an officer has reasonable suspicion that a person is involved in a crime, they may ask for identification, but the person is not legally obligated to provide it unless specific circumstances (driving) apply.
    • Can you be detained or arrested for refusing to show ID?
      • Terry v. Ohio, 392 US
      • In New Mexico, you cannot be arrested or detained solely for refusing to show ID during a police encounter, unless:
        • You are driving a vehicle.
        • You are lawfully arrested or detained based on reasonable suspicion of a crime.
        • Refusing to provide ID in situations where it is legally required (during a traffic stop) may result in arrest or additional penalties.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Federal Law:
        • The Fifth Amendment protects individuals from self-incrimination and allows them to remain silent during police interactions.
        • This does not apply to mandatory ID requirements during lawful arrests or traffic stops.
      • New Mexico State Law:
        • In general, individuals in New Mexico have the right to remain silent and refuse to provide ID unless:
          • They are operating a motor vehicle.
          • They are lawfully arrested or detained based on reasonable suspicion of a crime.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • In New Mexico, there is no general requirement to carry ID in public places unless you are engaging in specific activities that require identification (e.g., driving, purchasing alcohol, or entering certain restricted areas).
    • Are there curfew or loitering laws requiring ID verification?
      • New Mexico does not have a statewide curfew law. Some cities or counties may impose local curfews for minors.
      • Law enforcement may ask minors for ID to verify their age if they are suspected of violating a local curfew ordinance.
  • Traffic Stops and ID Requirements
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Terry v. Ohio, 392 US
      • Passengers in New Mexico are generally not required to show ID during a traffic stop unless:
        • They are suspected of committing a crime.
        • The officer has reasonable suspicion or probable cause to believe the passenger is involved in unlawful activity.
      • Can passengers legally refuse to provide ID?
        • Yes, passengers can refuse to provide ID unless there is reasonable suspicion or probable cause that they are involved in criminal activity.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • New Mexico does not have a statewide curfew law, but local governments may enforce curfews for minors.
      • In areas with curfews, minors may be asked to provide ID or other proof of age if stopped by law enforcement.
    • What are the penalties for violating curfew laws?
      • Penalties for violating curfew laws vary by locality and may include:
        • A warning or citation.
        • Fines for the minor or their parents/guardians.
        • Requirement to attend a juvenile diversion program.
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • Terry v. Ohio, 392 US
      • Yes. If police have reasonable suspicion that someone is trespassing, they may demand identification to verify the individual’s identity and investigate further.
    • What are the consequences of refusing to provide identification in such situations?
      • Terry v. Ohio, 392 US
      • Refusing to provide ID when suspected of trespassing can result in:
        • Detention or arrest if the officer has probable cause to believe the individual is trespassing.
        • Additional charges for obstructing an investigation.