Application for Cannabis Retail Locations in Albuquerque

The City of Albuquerque is now accepting online applications (no fee) for cannabis retail locations. This is a major step toward creating an equitable path forward for individuals, collectives, and organizations who want to enter the new recreational cannabis retail industry.

All cannabis locations where cannabis or cannabis products are sold directly to consumers are required to obtain a Cannabis Retail Location Approval from the City’s Planning Department.

State law authorizes the City to regulate the time, place, and manner of cannabis sales. The City’s Integrated Development Ordinance (IDO) provides that a cannabis retail establishment shall not be located within 300 feet of a school or child daycare facility or within 660 feet of another cannabis retail establishment. On August 3, 2024, this distance separation was increased from 600 to 660 feet. Prior to this date, cannabis retail businesses could also seek to obtain a Conditional Use Approval to be located within 600 feet of another cannabis retail location. Existing retail locations are allowed to continue in operation at their current locations regardless of this change in separation requirements.

Properly completed applications that comply with the City’s zoning regulations, separation requirements, and other applicable rules and ordinances outlined below will be verified and approved on a first come, first come, first served basis.

On this page, you will find the following information for new cannabis retail locations in Albuquerque

• FAQs
• Business and Zoning Information
• Rules
• Online Application

It is very important that applicants read the Frequently Asked Questions and gather the required information prior to applying. Incomplete applications will not be accepted. 

Frequently Asked Questions for Cannabis Establishments in the City of Albuquerque (City)

What types of cannabis establishments may be located in the City?

Cannabis establishments licensed by the State of New Mexico may be located in the City. The City does not allow outdoor cannabis cultivation, outdoor cannabis-derived product manufacturing, or outdoor cannabis smoking and vaporizing consumption areas.

*View information on NM licensing at the end of these FAQs.

What types of licenses, approvals, permits and registrations are required?

All cannabis businesses seeking to operate within the City must first obtain a State-issued cannabis license.

Cannabis retail establishments including on-site cannabis consumption areas, are required to obtain a Cannabis Retail Location Approval (no fee) from the City of Albuquerque’s Planning Department. Applications for Cannabis Retail Location Approvals include verification that each proposed location complies with the City’s zoning regulations, separation requirements, and other applicable rules or ordinances pertaining to retail cannabis.

All businesses must obtain a City of Albuquerque business registration for each outlet, branch, location, or place of business within the municipal limits of the City prior to engaging in business. A business registration is separate from a Cannabis Retail Location Approval. The annual business registration fee is $35.

The Cannabis Regulation Act rules require all Class II, Class III, and Class IV cannabis manufacturers to apply for a local food permit by January 1, 2023. All cannabis establishments that store, produce, or manufacture cannabis edible products or sell edible cannabis products directly to consumers are required to obtain a local food permit.

*Find information about obtaining City of Albuquerque business registration at the end of these FAQs.

What are the zoning restrictions and separation requirements for cannabis retail establishments?

As authorized by State law, the City’s Integrated Development Ordinance (IDO) mandates that a cannabis establishment may not be located within 300 feet of a school or child daycare facility.

In addition, the IDO mandates that a cannabis retail establishment may not be located within 660 feet of another cannabis retail establishment.

The Planning Department has prepared an overview of the zones in which cannabis retail, medical-only retail, cultivation, and extraction/manufacturing may take place. An applicant for any type of cannabis establishment must comply with existing zoning laws and cannabis requirements.

Cannabis retail, cultivation, and manufacturing are prohibited in the Old Town Historic Protection Overlay Zone per Council Bill number R-21-165.

*Find information on City of Albuquerque Integrated Development Ordinance at the end of these FAQs

*Find information on the zones at the end of these FAQs.

*Find the Council Bill number R-21-165 at the end of these FAQs.

How can I verify that the location I am considering for my cannabis business is zoned for the cannabis use(s) I am interested in pursuing?

The Planning Department has prepared an overview of the zoning regulations for cannabis retail, cultivation, and extraction/manufacturing. The City provides an interactive zoning map. If you require formal documentation, you may also request a Zone Certification, for a fee of $200 per parcel, plus a 2 percent technology fee.

*Find information on zoning regulations at the end of these FAQs.

*Find information on City of Albuquerque interactive zoning map at the end of these FAQs.

*Find information on obtaining City of Albuquerque Zone Certification at the end of these FAQs.

How do I know whether my proposed location is within 660 feet of another cannabis retail location?

Per State law, all existing State-licensed medical cannabis dispensaries are considered pre-approved cannabis retail businesses entitled to continued and uninterrupted operations at their current locations. Their locations were “locked in” for separation purposes. On August 3, 2024, this distance separation was increased from 600 to 660 feet. Prior to this date, cannabis retail businesses could also seek to obtain a Conditional Use Approval to be located within 600 feet of another cannabis retail location. Existing retail locations are allowed to continue in operation at their current locations regardless of this change in separation requirements. New retail locations must meet the separation requirements from those pre-approved businesses. The Integrated Development Ordinance requires that the distance shall be measured in a geometrically straight line from lot line to lot line using a scaled map or survey. For an interactive map of State-licensed medical cannabis dispensaries that became permissive retail establishments, please refer to the Department of Health’s Patients and Caregivers webpage. The City has also created an interactive Cannabis Retail Location Approvals Map, which displays the applications for cannabis retail locations and their current review status.

*Find the Department of Health’s Patients and Caregivers map and the Cannabis Retail Location Approvals Map at the end of these FAQs.

What documents must I submit to complete a valid application for a Cannabis Retail Location Permit Approval?

For an application to be deemed complete by the Planning Department and then reviewed, all the questions in the application must be answered, all the required documents uploaded, and then the completed application must be submitted electronically using the link at the end of these FAQs. You will need to submit the following documents:

• A copy of a license issued by the State of New Mexico Regulation and Licensing Department allowing cannabis retail.
• A copy of a signed lease, letter of intent, or deed for the property where the cannabis retail establishment will operate.
• A photocopy of the applicant’s driver’s license or other government-issued identification.
• A map indicating the correct distance to the closest cannabis retail establishment, child day care facility, and school to show that the separation requirements are met.

Please make sure you properly complete the application before submitting it. Partial or incorrect applications are rejected. Completed applications are processed and accepted or rejected in the order in which they were submitted.

Am I required to submit an odor control plan?

Yes, you are required to submit an Odor Control Plan to the Planning Department in order to register your business if you will be cultivating cannabis, performing any manufacturing that requires heating cannabis, or allowing any on-site consumption of cannabis where smoking or vaporizing is proposed.  

*Find information on an Odor Control Plan at the end of these FAQs

When will my cannabis retail site be “locked in” for separation purposes?

Upon processing your completed application, the Planning Department will issue either a Cannabis Retail Location Approval or a rejection stating the reason(s) why the application failed. If your application is approved, then your site will be “locked in” for separation purposes and you will receive a Cannabis Retail Location Approval. However, prior to opening your cannabis retail operation for business, you must fulfill the City’s additional requirements for retail businesses, including, but not limited to, obtaining a business registration and an inspection by the Fire Marshal’s Office. You must commence cannabis retail operations within 180 days of your site being approved. If you are not operating by that date, your Cannabis Retail Location Approval will expire and your site approval will be canceled.

*View information about obtaining City of Albuquerque business registration at the end of these FAQs.

*View information about the City of Albuquerque Fire Marshal's Office at the end of these FAQs.

Will cannabis sales at a special event or market be allowed?

No. Cannabis retail establishments may only operate from State-approved retail locations.

*Find more information about cannabis retail in the City.

*Find more information about the State licensing rules for cannabis establishments.

What activities are allowed with a cannabis microbusiness license?

In New Mexico, a cannabis microbusiness license allows one or more of the following activities: production of cannabis at a single licensed location (up to 200 total mature plants); manufacture of cannabis products at a single licensed address; sales and transportation of only cannabis products produced or manufactured by that person; operation of only one retail establishment, and couriering of cannabis products.  A cannabis microbusiness requires a business registration.

What documents are required for a Manufacturing or Cultivation License?

The following documents shall be required to be submitted for the Manufacturing/Cultivation License.

• New Mexico Business Tax Identification number (NMBTID) formerly known as CRS number
• Copy of Driver’s License
• State Manufacturing or Cultivation license
• A copy of a signed lease, letter of intent, or deed for the property where the cannabis retail establishment will operate.
• Map to the nearest school
• Map to the nearest daycare
• An odor control plan by a professional engineer or industrial hygienist, explaining plans for reducing cannabis odors associated with cultivation, manufacturing, or licensed onsite cannabis consumption, which shall include, at a minimum, contact information, operating hours, a floor plan, a description and schedule of odor-producing activities, administrative controls such as employee training and maintenance, and engineering controls such as carbon filtration.
• Cannabis Manufacturing/Cultivation application

What permits do I need to sell food or drinks containing cannabis?

All cannabis establishments that store, produce, or manufacture cannabis edible products or sell edible cannabis products directly to consumers are required to obtain a local food permit. The Cannabis Regulation Act rules require all Class II, Class III, and Class IV cannabis manufacturers to apply for a local food permit by January 1, 2023. The City of Albuquerque requires Class I cannabis manufacturers to obtain a local food permit as well.

A cannabis establishment selling only unprocessed cannabis flowers or other unprocessed cannabis plant parts is not required to obtain a local food permit.

A local food permit application can be obtained by contacting the City of Albuquerque’s Environmental Health Department Consumer Health Protection Division (CHPD) at 505-768-2738 or [email protected].

Are the standards different for cannabis and non-cannabis food safety?

No. Cannabis establishments requiring local food permits will be held to the same food safety standards as any other food establishment located within the City. Local food requirements can be found in the City of Albuquerque Food Sanitation Ordinance §§9-6-1-1 through 99.

How do I obtain a cannabis food permit from the Environmental Health Department’s Consumer Health Protection Division?

To begin the permit process, contact the Environmental Health Department at 505-768-2738 or [email protected]. Be prepared to produce the following documentation:

• State Cannabis Permit(s)
• NM State Tax and Rev CRS form
• City of Albuquerque Business Registration
• Floor plan of the facility
• Menu of food and beverages
• Copy of Site Approval
• Odor Control Plan, if applicable

Additional documents may be required in certain situations.

What can I expect as a permitted food facility with the City of Albuquerque?

A facility that holds a food permit with the Environmental Health Department is subject to annual food safety inspections and fees.

How much does a permit to sell or produce edible cannabis cost?

Fees are determined by permit type and are based on a percentage of annual sales after the first year.  Processors and food establishments pay a first year fee of $200, and retailers pay a first year fee of $100.

What is a Cannabis Consumption Area and does the City allow them?

It is an area where cannabis products may be served and consumed. Private homes are not cannabis consumption areas.  Cannabis Consumption Areas are allowed in some circumstances.

What are the steps for getting my Cannabis Consumption Area open?

Before operating a cannabis consumption area, you must get your location approved through the Conditional Use Approval process in the Integrated Development Ordinance (IDO) as outlined in Section 14-16-6-6(A) of the IDO. Cannabis consumption areas must comply with the use-specific standards as outlined in IDO Section 14-16-4-3(D)(35)(i).

Once you have an approved location, there are additional requirements. Contact Building Safety to obtain a certificate of occupancy for the conditional use. Then apply for a building permit for the change of use and follow all standard procedures for completing the permit. Once the permit is complete the certificate of occupancy will be issued.

Just like any other cannabis establishment, you must meet State licensing requirements (and provide proof to the City). You must have a Business Registration and, depending on the type of cannabis establishment, there are additional requirements. Any cannabis establishment serving cannabis edibles must also obtain a permit from the City’s Environmental Health Department. If you are selling any cannabis product that will be consumed onsite, you must have an odor control plan.

What else do I need to know about Cannabis Consumption Areas?

The activity of smoking, vaporizing, and/or ingesting of cannabis or cannabis products in a cannabis consumption area licensed by the State must be in a fully enclosed portion of a building.

The new type of use for the space requires a Change of Occupancy approval. The following code references shall be adhered to ensure compliance with the new occupancy type. The Building Safety Division will issue a Certificate of Occupancy reflecting and authorizing the new type of use after the building permit applications and construction inspections are completed and approved.

Building Code Requirements:

The occupancy classification of this space shall be A2 Occupancy (2015 International Building Code 303.3). The enclosed room for the consumption lounge shall be given its own classification since it is not ancillary to the prime occupancy of the space. Per Zoning Allowance, it will be associated with a Cannabis Dispensary (M Occupancy). The lounge is required to apply for a special allowance use; therefore, the code reference 2015 International Building Code (IBC) 508.2 shall not apply to this scenario. The enclosed room shall also be required to meet all separation of occupancies as defined in sections (2015 IBC 508.3.3 or 508.4) as applicable to the site design conditions. The separation requirement shown in 2015 IBC Table 508.4, for A to M Occupancy is as follows: Sprinkled: 1HR rated Fire Barrier (2015 IBC 707.3.9, and IBC Table 707.3.10), and Non-Sprinkled: 2HR rated Fire Barrier (2015 IBC 707.3.9, and IBC Table 707.3.10, the floor/roof ceiling assembly (Horizontal Separation) shall have the same rating as the wall fire barrier rating.  The doors shall have opening protection as defined in 2015 IBC Table 716.5. The doors shall also have smoke seals for the protection of free passing of smoke. 

Mechanical Code Requirements:

In addition to the Odor Control Mitigation plan, the room shall have a required Product-Conveying System due to the use and nature of the environment within the space per 2021 Uniform Mechanical Code (UMC) 505.1. The Product-Conveying System, shall utilize either mechanical ventilation or exhaust systems. When using the mechanical ventilation system, it shall meet the following requirements; the minimum outdoor air rates of the consumption rooms shall be at a rate of 7.5 CFM/occupant, which will be based upon the architectural calculation, and an area rate of 0.18 CFM/SF as defined in Table 402.1, line “Bars, cocktail lounges” and with an Air Class 2. The description of Class 2 air is defined in 2021 UMC section 403.9.2.   When using the mechanical exhaust system, as per 2021 UMC Table 403.7, footnote 8, states that when a description is not given for the use of the space, then you shall utilize the requirements for the listed occupancy that is most similar in terms of occupant density and occupancy type. The engineer shall provide this classification and support for the design to determine the correct review requirements to meet.