Search
  • elizabethkayhaley

No Zoning Entities can ban Cannabis in New Mexico due to State Laws

  • Zoning Entities Can Adopt Some Restrictions on where Cannabis Businesses Can Locate

  • The PHSZD Commission Proposes Adopting Bernalillo County's Cannabis Ordinance because the adopted ordinance safe-guards schools and daycare establishments.

Section 22.4.20. - Cannabis Regulations.

A.

Purpose. The State of New Mexico has adopted the Cannabis Regulation Act allowing for the production, sale, and consumption of Cannabis by adults. The regulations in this section qualify or supplement the zone regulations appearing elsewhere in this Ordinance and establish the requirements for Cannabis uses in Bernalillo County.

B.

Definitions of Cannabis Uses. Words used in the present tense include the future tense, and words used in the future tense include the present tense; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory, and the word "may" is permissive.

Adult-use Cannabis means Cannabis authorized for sale under the Cannabis Regulation Act but does not include medical Cannabis.

The Cannabis Ordinance regulates all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, the seeds of the plant, the resin extracted from any part of the plant, and every compound, salt, derivative, mixture or preparation of the plant, its seeds or its resin whether growing or not or manufactured.

The preparation of the mature stalks, fiber, oil, or cake or the sterilized seed of the plant that is incapable of germination is not regulated under the Cannabis Ordinance. The mature stalks of the plant, fiber produced from the stalks, and oil or cake made from the plant's seeds, are not regulated under the Cannabis Ordinance. Any other compound manufactured as salt, derivative, or mixture is not regulated under the Cannabis Ordinance. For the purposes of this Ordinance, Cannabis does not include the weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product with a lesser concentration of a delta-9-tetrahydrocannabinol concentration of less than three-tenths percent on a dry weight basis.

.

Cannabis consumption area means an area where cannabis products may be served and consumed.

A cannabis courier is a person that transports cannabis products to qualified patients, primary caregivers, reciprocal participants, or directly to consumers.

Cannabis establishment means:

(1) A cannabis testing laboratory;

(2). A cannabis manufacturer;

(3) A cannabis producer;

(4) A cannabis retailer;

(5) A cannabis research laboratory;

(6)A vertically integrated cannabis establishment;

(7)A cannabis producer microbusiness; or

(8)An integrated cannabis microbusiness.

Cannabis extract:

(1)Means a product obtained by separating resins, tetrahydrocannabinol, or other substances from Cannabis by extraction methods approved by the division; and

(2)It does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink, or another product.

Cannabis flowers mean only the flowers of a cannabis plant.

A cannabis manufacturer means a person licensed to:

(1) Manufactures cannabis products;

(2) a Packager of cannabis products;

(3) Has cannabis products tested by a cannabis testing laboratory; or

(4) Purchases, acquires, sells, or transports wholesale cannabis products to other cannabis establishments.

A cannabis producer is, for the purposes of this Ordinance, a person that:

(1) Cultivates cannabis plants;

(2) Has unprocessed cannabis products tested by a cannabis testing laboratory;

(3) Transports unprocessed cannabis products only to other cannabis establishments; or

(4) Sells cannabis products wholesale.

Cannabis product means a product that contains cannabis or cannabis extract, including edible or topical products that may also have other ingredients.

A cannabis research laboratory is a facility that produces or possesses cannabis products and all parts of the plant genus Cannabis to study cannabis cultivation, characteristics, or uses.

A cannabis retailer is a person that sells cannabis products to qualified patients, primary caregivers, reciprocal participants, or directly to consumers.

Cannabis retail establishment is where cannabis products are sold to qualified patients, primary caregivers, and reciprocal participants and directly to consumers.

A cannabis testing laboratory means a person that samples, collects, and tests cannabis products and transports cannabis products for testing.

Commercial cannabis activity:

(1) Means the cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale, or consignment of cannabis products; and

(2) Does not include activities related only to the medical cannabis program, cannabis training, and education programs, or the personal cultivation or use of Cannabis.

Commercial cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming Cannabis for sale, consignment, or transport.

Consumer means a person who purchases, acquires, owns, possesses, or uses a cannabis item for a purpose other than resale.

A facility means a building, space, or grounds licensed for producing, possessing, testing, manufacturing, or distribution of Cannabis, cannabis extracts, or cannabis products.

Homegrown or homemade means grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration.

Household means a housing unit and includes any place in or around the housing unit at which an occupant produces, manufactures, keeps, or stores homegrown Cannabis or homemade cannabis products.

Industry standards mean the prevailing customary standards of business practice in the cannabis industry in jurisdictions within the United States.

Licensed premises means a location that is licensed pursuant to the Cannabis Regulation Act and includes:

(1) All enclosed public and private areas at the location used in the business operated pursuant to a license and include offices, kitchens, restrooms, and storerooms;

(2) All areas outside of a building specifically licensed for the production and manufacturing of cannabis items; and

(3) a location licensed explicitly for the production of Cannabis outside of a building (the entire unit of land created by subdivision or partition of land that the licensee owns, leases, or has a right to occupy.)

A lounge is a facility licensed by the Cannabis Control Commission to sell cannabis items for on-site consumption.

Manufacture means compounding, blending, extracting, infusing, packaging, or preparing a cannabis product.

Medical Cannabis means cannabis items used by a qualified patient in accordance with the Lynn and Erin Compassionate Use Act.

Personal production means homegrown cannabis cultivation for personal use not dependent or conditioned upon the provision or receipt of financial consideration.

A public place means (1) a place to which the general public has access and includes hallways, lobbies, and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; (2) streets; schools; places of amusement; parks; playgrounds; and (3) places used in connection with public passenger transportation.

The qualified patient is a resident of New Mexico who holds a registry identification card pursuant to the Lynn and Erin Compassionate Use Act.

A reciprocal participant for the purposes of this Ordinance is a person who is not a resident of New Mexico and who holds proof of enrollment by a governmental regulatory authority to participate in the medical cannabis program of another state of the United States, the District of Columbia, or a territory or commonwealth of the United States in which the person resides. Or a person who holds proof of enrollment by a governmental regulatory authority of a New Mexico Indian nation, tribe, or pueblo to participate in its medical cannabis program.

A school is a place an organized body utilizes to educate, cultivate, or advance mentally or culturally (private or public schools, academies, universities, daycare centers).

Volatile solvent means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

C. Use Regulations. The Cannabis enterprise shall only use a building or premises for all uses customarily incidental to the building or premises.

1. Prohibited Uses.

a. Any use not designated a permissive use in this zone unless otherwise authorized by this Code; or

b. Any use not recognized as customarily incidental to a permitted use in the zone.

1. Permissive Uses:

a. Personal production in all County zones;

b. Commercial cultivation in A-1 and higher zones provided the licensed premises is located no less than 300 feet from a school or daycare and further:

1. Outdoor cultivation is limited to 25 percent of usable lot area for lots one acre or less, 50 percent of usable lot area for lots five acres or less, 75 percent of usable lot area for lots larger than five acres, and be located behind a solid wall or fence no less than six feet in height. In addition, lots one-half acre or less shall maintain a 20 feet setback from any property line for any outdoor cultivation area;

2. Cultivation over the area limitations described above or cultivation in a structure shall occur inside a building meeting the requirements of the International Code Conference Building Code. The cultivation structure shall have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer.

c.A Cannabis courier in C-1 and higher zones, provided the licensed premises are located no less than 300 feet from a school or daycare;

d.Cannabis retail establishment in the C-1 and higher zones, provided the licensed premises is located no less than 300 feet from a school or daycare;

e.Cannabis lounge in the C-1 and higher zones provided:

1. The licensed premises is located no less than 300 feet from a school, daycare, or conforming residential zone, and;

2. Smoking of cannabis flowers is not allowed outdoors, and;

3. Smoking of cannabis flowers in such consumption area is only allowed if the cannabis consumption area occupies a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16, and;

4. Smoking shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer, and;

5. Access to the cannabis consumption area is restricted to persons 21 years of age or older, qualified patients, and reciprocal participants in accordance with the Lynn and Erin Compassionate Use Act;

f.Cannabis testing laboratory and Cannabis research laboratory in the C-LI and higher zones provided the licensed premises are located no less than 300 feet from a school, daycare, or conforming residential zone and that testing shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer;

g. Cannabis manufacturer in the C-LI and higher zones provided the licensed premises is located no less than 300 feet from a school, daycare, or conforming residential zone;

1.Manufacturing using volatile solvents must be located 1,000 feet from any conforming residential zone and have adequate fire suppression systems meeting the requirements of the International Code Conference Building Code and Fire Marshall and;

1. Manufacturing shall occur inside a building meeting the requirements of the International Code Conference Building Code and have carbon filtration systems or those of equal performance adequate in design to handle the necessary air volume as certified by a professional engineer;

D. Height Regulations. The same regulations apply except in the zone where the use occurs, as provided in the Supplementary Height and Area Regulations Section of this Ordinance.

E. Area Regulations. The same regulations apply except in the zone where the use occurs, as provided in the Supplementary Height and Area Regulations Section of this Ordinance.

F. Landscape and Buffer Landscaping. As required by the Landscaping and Buffer Landscaping Section of this Ordinance.

G. Sign Regulations. The same regulations apply to the zone in which the use occurs.

H. Special Use Permits. In certain situations, the owner may apply for any specific uses set forth in Section 22.4.20 of this Ordinance per the procedure set forth in Section 17, ADMINISTRATION. This type of Special Use Permit may not be granted for lots that do not meet the minimum area regulations of their specified zone nor for lots zoned SD or PC unless prescribed in their related plan. The Special Use Permit may be granted if:

a.The minimum lot area is five acres;

b.Volatile solvents are not used;

c.The property owner must meet the requirements of all adopted County Codes and The Paradise Hills Special Zoning District Comprehensive Ordinance.

(Bernalillo County Ord. No. 2021-31, 12-14-21)


10 views0 comments

Recent Posts

See All