ETZ Commission recommends passage of cannabis rules

The Roswell-Chaves County Extraterritorial Zoning Commission recently voted to recommend passage of a series of regulations for cannabis establishments outside of Roswell city limits.

In a 5 to 1 vote, commission members signaled their support for the addition of Article 29 to the Roswell-Chaves County Extraterritorial Zoning Ordinance during an Aug. 17 hearing. The ordinance governs the use of land within a 2-mile radius of Roswell city limits.

The article will next go before the Extraterritorial Zoning Authority, which will decide whether to approve Article 29 or make modifications to the proposal. The public meeting of the Authority is scheduled for Aug. 31 at 5:30 p.m. at the Chaves County Administrative Building at 1 St. Mary’s Place.

The vote by the authority will come a day before the state is set to start issuing licenses to cannabis producers and producer micro businesses Wednesday in accordance with the New Mexico Cannabis Regulation Act. The Act legalizes adult recreational cannabis for adults 21 and older and provides a tax and regulation framework for cannabis businesses.

In explaining her vote against the regulations, Mona Kirk said she objects to a provision that would require cannabis establishments be no more than 300 feet from schools or child care facilities. She said the distance is insufficient to keep children from accessing cannabis or ingesting smoke that could come from indoor cannabis consumption areas where cannabis can be smoked.

“I find that very troublesome,” she said. Kirk added there are schools where drop-off areas are more than 300 feet from their respective buildings.

Kirk noted that under the proposed article, cannabis establishments would not be permitted within 1,000 feet of a religious institution, community center, government facility, adult care or medical facility or public parks.

Louis Jaramillo, director of the county’s Planning & Zoning Department, said the 300 feet is the maximum distance from schools and child care facilities localities can mandate under the Cannabis Regulation Act.

“Currently it is just the 300 feet that we have to work with,” he said. Jaramillo added he hopes the Legislature will work to expand that and other distance requirements local governments can impose on cannabis businesses.

The Cannabis Regulation Act prohibits local governments from obstructing any licensed cannabis business from operating, though they can enact regulations on location, density, hours of operation and other rules that do not conflict with the Cannabis Reform Act or the Dee Johnson Indoor Clean Air Act, which prohibits smoking in most enclosed public places and workplaces.

Smoking cannabis outdoors is prohibited under Article 29, but people can still smoke, vape and ingest cannabis in public at licensed cannabis consumption areas housed in standalone buildings.

During the public comment portion of the meeting, Kim Rutley said allowing smoking and vaping of cannabis at indoor consumption areas conflicts with the Dee Johnson Act. Though the Dee Johnson Act does not regulate smoking of cannabis in indoor settings, Rutley argues “smoke is smoke” and the consumption areas essentially allow for smoking in public indoor places.

Cannabis smoke, she added, contains more carcinogens than second-hand smoke from tobacco and could adversely impact the health of consumption area employees. 

“So there is a conflict there, I’m just bringing it up to the governing bodies for them to explore,” she said after delivering her remarks.

In the new regulations in Article 29, cannabis establishments will fall under one of three zoning designations depending on what kind of business they are.

Cannabis producers and producer micro businesses can be permitted to operate within the Agricultural Residential areas, if it is determined by the New Mexico Office of the State Engineer and the Planning and Zoning Department that they have sufficient agriculture water rights.

Medical and recreational cannabis retailers, along with cannabis educational facilities and research and testing laboratories will be permitted in the Commercial District.

Extraction and processing operations, manufacturers and integrated cannabis businesses — establishments that do more than one type of cannabis-related business — can be on lands in certain industrial districts located near a major road or highway. Those are: U.S. Highways 70, 82, 285 and 380, along with State Road 2, the Roswell Relief Route and the portion of South Main Street between Brasher and Hobson roads.

Other provisions contained in Article 29 as currently written include:

• Licensed cannabis consumption areas and retailers cannot be within a half mile of each other or of a liquor establishment.

• Cannabis establishments cannot operate from drive-thrus or what the amendment describes as mobile, portable or temporary units

• Establishments cannot be in recreational vehicle parks or workforce camps

• Possession of cannabis will be restricted to adults age 21 or older

• Residential cannabis growth will be limited to six mature plants and six immature plants per household, as stated in the Cannabis Regulation Act

• Businesses must comply with building codes, as well as have on-site parking and a secure fence at least six feet tall and constructed from sturdy materials that surrounds the establishment.

Article 29 requires that cannabis establishments obtain a one-time $300 Special Users Permit which must receive approval from either the ETZ Commission or Authority. Business owners must also obtain a Cannabis Establishment Land Use Permit. The initial cost of the Land Use Permit would be $500 with an annual renewal fee of $250.

Breaking news reporter Alex Ross can be reached at 575-622-7710, ext. 301, or breakingnews@rdrnews.com.