A. For the privilege of selling, giving or consuming cigarettes in New Mexico, there is levied an excise tax at a rate of ten cents ($.10) for each cigarette sold, given or consumed in this state.

B. The tax imposed by this section shall be referred to as the "cigarette tax".

C. The tax imposed by this section shall be reduced by fifty percent for a cigarette for which a modified risk tobacco product order has been issued by the United States secretary of health and human services pursuant to Section 21 U.S.C. 387k(g)(1).

D. The tax imposed by this section shall be reduced by twenty-five percent for a cigarette for which a modified risk tobacco product order has been issued by the United States secretary of health and human services pursuant to Section 21 U.S.C. 387k(g)(2).

History: Laws 1943, ch. 95, § 2; 1941 Comp. Supp., § 76-1602; Laws 1947, ch. 111, § 1; 1949, ch. 180, § 2; 1953 Comp., § 72-14-2; Laws 1955, ch. 263, § 1; 1961, ch. 244, § 1; 1962 (S.S.), ch. 5, § 1; 1968, ch. 50, § 2; reenacted as 1953 Comp., § 72-14-3 by Laws 1971, ch. 77, § 3; 1984, ch. 52, § 1; 1985, ch. 25, §§ 1, 2, 5; 1986, ch. 13, § 2; 1993, ch. 30, § 19; 1993, ch. 358, § 2; 1995, ch. 70, § 13; 2003, ch. 341, § 2; 2007, ch. 182, § 2; 2010 (2nd S.S.), ch. 5, § 3; 2019, ch. 270, § 39.

The 2019 amendment, effective July 1, 2019, revised the excise tax rate on cigarettes and provided a reduction of the tax rate for certain cigarettes; in the section heading, deleted "rates" and added "reduction of rate for certain cigarettes"; in Subsection A, after "an excise tax at", deleted "the following rates" and added "a rate of ten cents ($.10)", and deleted Paragraphs A(1) through A(3); and added Subsections C and D.

The 2010 (2nd S. S.) amendment, effective July 1, 2010, in Subsection A(1), changed the tax rate from four and fifty-five hundredths cents ($.0455) to eight and three-tenths cents ($.083); in Subsection A(2), changed the tax rate from nine and ten-hundredths cents ($.091) to sixteen and six-tenths cents ($.166); and Subsection A(3), changed the tax rate from eighteen and twenty-hundredths cents ($.182) to thirty-three and two-tenths cents ($.332).

The 2007 amendment, effective June 15, 2007, added Subesctions (1) to (3) to provide new rates for cigarette packages in lots of 10 or 5.

The 2003 amendment, effective July 1, 2003, in Subsection A, substituted the present tax rate for "one and five hundredths cents".

The 1995 amendment, effective July 1, 1995, substituted "this section" for "the Cigarette Tax Act" in Subsection B.

The 1993 amendment, effective July 1, 1993, substituted "one and five hundredths cents ($.0105)" for "seventy-five one-hundredths of one cent ($.0075)" in Subsection A.