LAS CRUCES – Las Cruces city councils passed an ordinance on Monday to decide where cannabis companies are allowed to set up businesses in the city. The result is a series of zoning rules that weave cannabis into the city’s existing business, agricultural, and industrial areas – with some specific conditions.
The ordinance was adopted with 6: 1 votes. Mayor Ken Miyagishima, who has largely opposed the legalization of adult cannabis, voted no. The mayor also voted against every single change that optimized rules such as buffer spacing, definitions and consumption permits.
Some city councils who advocated a less restrictive zoning still praised the city’s final regulations, which are said to be less restrictive than some other places across the state.
“I think this is one of the most competitive environments we will create for this industry,” said Gabe Vasquez, councilor for District 3. “To create jobs and hopefully have new Mexicans who own a piece of this industry.”
TIED TOGETHER:Where will the cannabis companies be located in Las Cruces? City guides discuss zoning.
In accordance with the state’s Cannabis Regulation Act, New Mexico communities are allowed to have local control over where they are responsible for retailing, manufacturing, and researching cannabis. However, cities and towns cannot completely opt out, unlike some other states that have legalized cannabis for adult use.
The CRA allows local governments to make rules about the time, place, type, and density of cannabis stores as long as they don’t conflict with state law. What the city can’t do, the staff said, is to restrict signage, prohibit operations, restrict transportation, or prohibit personal use or production.
In addition to numerous changes to the Zone Code, the regulation adds definitions for cannabis retail, industry, research laboratories and micro-businesses. It is important that these land uses differ from the state license types and can include several license types.
With Monday’s approval, city councils authorized the cannabis industry to integrate broadly into the city’s existing business landscape and community.
- Retail of cannabis will be allowed in all Business Areas C-1, C-2 and C-3. No on-site consumption areas are allowed in C-1, similar to on-site alcohol consumption.
- Cannabis production and manufacture will be allowed in Industrial Zones M-1 / M-2 and M-3. The cannabis industry is allowed to retail in accessories, which may be 5,000 square feet or up to 49 percent of the total area of the building, whichever is less.
- Cannabis research laboratories are permitted in industrial zones MT, M-1 / M-2 and M-3.
- Cannabis micro-businesses are permitted in the rural single-family zones REM and EE with special use permits, as well as in commercial and industrial zones depending on the type of business.
Two existing provisions of the Zoning Act will also allow more flexibility in land use for the local cannabis industry, the infill development process and land use by the home industry.
According to Katherine Harrison-Rogers, a senior planner with the city’s community development department, potential business owners looking to revitalize vacant or unused landfill could ask the town planning and development commission for flexibility in terms of land use and design standards, including buffer spacing.
Cannabis companies will also be able to use the city’s land-use type of homework, which enables small, combined cannabis production and retail operations. Home cannabis industry is allowed in C-1, C-2, C-3, MT, M-1 / M-2, M-3 and some overlays.
Here are some other provisions that have been passed by the Council.
- There will be a minimum buffer of 300 feet between cannabis retailers, although a special use permit could reduce that.
- Cannabis retailers must be 100 meters from single family residential areas.
- Cannabis companies must be 100 meters from a school or daycare center.
- The school or daycare buffer does not apply to universities, vocational schools and other schools that mainly look after pupils from the age of 18.
- Cannabis consumption areas should only be located indoors.
- Cannabis use is not permitted in DIY in commercial zone C-1.
- Micro-businesses are permitted as conditional use in Zones C-1, C-2, and C-3, provided they adhere to government requirements for micro-businesses, are located at least 100 meters from schools or daycare centers, and are allowed to use cannabis in C- 1 do not allow. Harrison-Rogers said the deployment supports micro-businesses that may not want to sell locally as a home industry requires.
In particular, the buffer distances don’t apply to existing medical marijuana dispensaries that may be direct neighbors or already close to where you live, but any new retailer would need to be at least 100 meters from an existing one, for example, Harrison-Rogers said.
Commercial cannabis sales will begin no later than April 1, 2022 by state law. The state has already started accepting license applications for recreational and medicinal cannabis producers and micro-businesses, and it will start issuing cannabis server permits and accepting applications for all other license types on January 1, 2022.
Michael McDevitt is the city and county government reporter for Sun News. He can be reached at 575-202-3205, [email protected] or @MikeMcDTweets on Twitter.
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