New Mexico - The Dee Johnson Clean Air Act

Statewide smoking ban: On June 15, 2007, the Dee Johnson Clean Indoor Air Act went into effect, banning smoking statewide in all enclosed workplaces in New Mexico, including all bars and restaurants, as well as within fifty feet of the entrances to those places.

The Act exempts (1) private residences except when being used to provide commercial childcare, adult care, and/or healthcare, (2) retail tobacco stores, (3) cigar bars, (4) tobacco manufacturing facilities, (5) casinos, (6) quit-smoking programs, (7) designated outdoor smoking areas, (8) private clubs, (9) limousines under private hire, (10) designated hotel/motel smoking rooms, (11) enclosed areas within restaurants, bars, and hotel/motel conference/meeting rooms that are being used for private functions, (12) cultural or ceremonial activities by Native Americns, (13) non-bar/restaurant businesses with fewer than two employees that is not usually accessible to the public and all employees agree to allow smoking, and (14) stage, motion picture, or television productions involving smoking as part of the production.

Penalties are $100 for a first violation, $200 for a second violation within 12 months and $500 for the third and subsequent violations. Local governments may regulate smoking more stringently than the Act.