1. A. Section 8 of this rule shall not include the lawful possession or use of a tobacco-cessation product approved by the United States food and drug administration.

2. B. It shall not be a violation of this policy for a person to possess or provide tobacco or lighters to any other person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. It shall not be a violation of this policy to use tobacco or a lighter as part of an educational experience related to indigenous tobacco practices that has been approved by administration.

   HISTORY OF 6.12.4 NMAC:

   PRE-NMAC HISTORY: The material in this regulation is derived from that previously filed with the State Records Center and Archives under: State Board of Education Regulation No. 94-2, Regulation on Tobacco Free School Districts, filed July 19, 1994.

   History of Repealed Material:

   6.12.4 NMAC, Tobacco, Alcohol and Drug Free School Districts, filed 5/16/2001 - Repealed effective 12/15/2015.

   6.12.4 NMAC Tobacco, Alcohol, & Drug Free Schools filed 12/15/2015 was repealed and replaced with 16.12.4 NMAC - Tobacco, Alcohol & Drug Free Schools, effective 11/7/2023.

[6.12.4.9 NMAC – Rp, 6.12.4.9 NMAC, 11/07/2023]