46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TOBACCO PRODUCTS; MAKING IT ILLEGAL FOR A MINOR TO POSSESS TOBACCO PRODUCTS; INCREASING FINES; AMENDING SECTIONS OF THE TOBACCO PRODUCTS ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-49-1 NMSA 1978 (being Laws 1993, Chapter 244, Section 1) is amended to read:

"30-49-1. SHORT TITLE.--[This act] Chapter 30, Article 49 NMSA 1978 may be cited as the "Tobacco Products Act"."

Section 2. Section 30-49-3 NMSA 1978 (being Laws 1993, Chapter 244, Section 3) is amended to read:

"30-49-3. TOBACCO--PROHIBITED SALES.--

A. [No] A person shall not knowingly sell, offer to sell, barter or give any tobacco product to [any] a minor.

B. [No] A minor shall not procure, [or] attempt to procure or posses any tobacco products for his own use or for use by [any other] another minor.

C. [No] A person shall not sell, offer to sell or deliver a tobacco product in a form other than an original factory-sealed package."

Section 3. Section 30-49-5 NMSA 1978 (being Laws 1993, Chapter 244, Section 5) is amended to read:

"30-49-5. REFUSAL TO SELL TOBACCO PRODUCTS TO PERSON UNABLE TO PRODUCE IDENTITY CARD.--[Any] A person [selling] who sells goods at retail or wholesale [may] shall refuse to sell tobacco products to [any] a person who is unable to produce an identity card as evidence that he is eighteen years of age or over."

Section 4. Section 30-49-12 NMSA 1978 (being Laws 1993, Chapter 244, Section 12) is amended to read:

"30-49-12. PENALTY.--

A. [Any] A person who violates any provision of Subsection A of Section [3 or Sections 5, 7, 8 or 9 of the Tobacco Products Act] 30-49-3 NMSA 1978 or Section 30-49-5,

30-49-7, 30-49-8 or 30-49-9 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Each violation is a separate and distinct offense.

B. [Any] A minor who violates any provision of Subsection B of Section [3 or Section 6 of the Tobacco Products Act] 30-49-3 NMSA 1978 or Section 30-49-6 NMSA 1978 shall be [punished by a fine not to exceed one hundred dollars ($100) or forty-eight hours of community service] required to:

(1) pay a fine not to exceed five hundred dollars ($500);

(2) enroll in and complete a smoking prevention program or a smoking cessation program; or

(3) perform forty-eight hours of community service."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.