No, New Mexico prohibits vaping in a vehicle when a child under 18 is present, effective July 1, 2024, under the Child Passenger Safety Act (NMSA § 66-3-25.1). Violations incur fines up to $100, enforced by local law enforcement and the New Mexico Department of Health’s tobacco control programs. The law aligns with 2023 amendments targeting secondhand aerosol exposure risks.
Key Regulations for Vaping in a Car with Kids in New Mexico
- Prohibition Scope: NMSA § 66-3-25.1 explicitly bans vaping—including e-cigarettes, vape pens, and THC cartridges—when a minor is in the vehicle, regardless of ignition status.
- Enforcement Agencies: Local police departments and the New Mexico Department of Health’s Tobacco Use Prevention and Control Program monitor compliance, with penalties escalating for repeat offenses.
- Local Ordinances: Cities like Albuquerque and Santa Fe have supplementary ordinances (e.g., ABQ Code § 9-2-3-10) imposing stricter penalties, including mandatory education courses for offenders.
Violations are treated as secondary offenses, meaning officers must have another reason to initiate a traffic stop before citing the vaping ban. The law reflects broader 2026 compliance shifts under the Healthy Kids Act, which expands smoke-free zones to include all enclosed public spaces and vehicles transporting minors. Employers and caregivers should note that workplace policies may impose additional restrictions beyond state law.