A. Nothing in Section 25 [26-2C-25 N.M. Stat. Ann.] of the Cannabis Regulation Act shall be construed to:

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(1)     allow a person to smoke cannabis products in a public place, except in a cannabis consumption area; or

(2)     restrict the ability of a person to prohibit conduct otherwise allowed in the Cannabis Regulation Act on the person’s privately owned property.

B. A person who violates Paragraph (1) of Subsection A of this section shall be subject to a civil penalty of fifty dollars ($50.00).

C. As used in this section, “smoke” means to inhale, exhale, burn or carry any lighted or heated device or pipe or any other lighted or heated cannabis products intended for inhalation, whether natural or synthetic, in any manner or in any form.

D. A person less than eighteen years of age, the family of a person less than eighteen years of age or a person legally obligated to care for and support a person less than eighteen years of age who is subject to the fines pursuant to Subsection B of this section shall not be required to pay any fees or fines pursuant to the Cannabis Regulation Act.