It’s Time to Decriminalize Resale in New Mexico
Across the country, states are rolling back outdated and anti-consumer laws that unfairly penalize individuals for engaging in common-sense economic activity. From outdated blue laws to rigid licensing requirements, governments are modernizing regulations to better reflect today’s realities—except, it seems, in New Mexico, where ticket resale remains criminalized (and punishable by up to a year in jail) in a way that disproportionately harms students.
One of the most egregious examples is the state’s prohibition on reselling tickets to college sporting events, a restriction so severe that violators could face up to a year in jail. That’s right—students trying to offset the astronomical cost of tuition by reselling tickets they no longer need could end up behind bars. In an era when tuition costs continue to skyrocket, punishing students for trying to make ends meet isn’t just bad policy—it’s cruel.
New Mexico’s Anti-Resale Stance Is an Outlier
While other states recognize that ticket resale is a legitimate and necessary part of the entertainment market, New Mexico remains stuck in the past. The good news is that they dont have to look far for inspiration. Colorado has long been the gold standard ever since it passed transferability protections, but in 2024 it raised the bar even further by passing strong transparency laws in the state. The bill:
Prohibits hidden fees by instituting all-in, up-front price transparency
Bans any increase of the ticket price after a consumer selects the ticket for purchase
Guarantees refunds for canceled shows
Bans the use of deceptive websites which impersonate a venue or seller
A Better Path Forward: Follow the TICKET Act’s Lead
Instead of doubling down on outdated criminal penalties, New Mexico should take a page from Colorado and Washington, DC’s playbook. Earlier this week, the Senate Commerce Committee took a major step to fixing that by passing the TICKET Act (S. 281) by voice vote. The bill, largely similar to Colorado, represents the most comprehensive federal ticketing consumer protection legislation in nearly a decade. Specifically it:
Mandates all-in pricing upfront – No more hidden fees—the first number you see is the last number you see.
Bans deceptive ticketing – No more buying a promise for a ticket, now you'll actually be buying tickets.
Ends deceptive websites – No more lying about whether the reseller is who they say they are.
Creates refund requirements – Stop waiting to get your money back when a show is cancelled or postponed for a long time.
Requests an FTC BOTS Report – The FTC will finally answer the biggest question plaguing fans, "Why are there so many bots?!"
The Time for Reform Is Now
The state legislature should abandon counterproductive bills like HB 26 and instead move toward a system that empowers consumers. As more states embrace common-sense reform, New Mexico is being left behind, clinging to outdated statutes that do far more harm than good.
New Mexico lawmakers have an opportunity to bring ticketing laws into the 21st century and stand up for consumers. By decriminalizing resale and ensuring a fair, open market, they can foster a system that works for everyone—not just entrenched interests that benefit from restrictive regulations.
It’s time for New Mexico to stop threatening students with jail time for trying to make ends meet. The legislature should follow in the footsteps of its neighbor to the north, ensuring that residents of the Land of Enchantment have the same rights as those in the Centennial State. The era of criminalizing ticket resale should come to an end—New Mexicans deserve better.