Cannabis Retail Sales Become Legal April 1

Starting on Friday, April 1 retail sales of cannabis and “cannabis-infused” products to individuals 21 years of age and older in New Mexico will be legal.

The Cannabis Control Division of the New Mexico Regulation and Licensing Department is tasked with overseeing the new industry, which, according to an article in the Santa Fe New Mexican, is expecting hundreds of businesses to be “setting up shops and stocking up on supplies”.

“We really expect that first day of business [April 1] to be filled with excitement,” said Kristen Thomson, director of the Cannabis Control Division.

According to Thomson, state officials have already approved 225 adult-use licenses. However, not all of licensed retailers’ supply will be available for sale to the general, adult public. The Cannabis Regulation Act requires retailers to reserve 20 percent of their product for the “medical cannabis program”.

Local municipalities and counties throughout the state are awaiting the April 1 grand opening assuring citizens in their jurisdictions certain protections. These protections are provided by the Cannabis Regulation Act.

The City of Hobbs has adopted Ordinance 1133 (PDF) to “control and restrict the manufacture, cultivation and sale of cannabis and cannabis-derived products” within the Hobbs city limits. Lovington’s Ordinance 588 (PDF) regulates “medical and recreational, commercial cannabis activities” within the city.

Smaller communities like Tatum and Jal are also enacting proactive measures to protect the folks within their communities. Chatter suggests that Jal has adopted and/or revised ordinances that speak to cannabis activity within the city. However, city manager Matt White did not respond to the Lea County Tribune’s request for information about specific action that has been taken.

At its March 10 regular meeting Lea County Commissioners – Chairman Dean Jackson, Vice Chairman Gary Eidson, Rebecca Long, Jonathan Sena and Pat Sims – voted unanimously, after a public hearing, in favor of Lea County Cannabis Regulation Ordinance No. 98 (PDF).

The ordinance itself states that “the purpose and intent of this Ordinance is to protect the health, safety and welfare of the residents of Lea County by regulating the time, place, and manner of the operation of cannabis related businesses in Lea County.”

The Ordinance is effective and enforceable within the geographical boundaries of Lea County that are not a part of the county’s incorporated municipalities.

Lea County’s Authority for Ordinance 98

Authority for the Ordinance comes from portions of Chapters 4 and 26 of the New Mexico Statutes 1978.

Chapter 4-37-1 gives the county the “…powers necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of Lea County and its inhabitants,” states Ordinance 98.

Chapter 26-2C-12 “… provides that a local jurisdiction may adopt time, place and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson Clean Indoor Air Act…,” states the Ordinance.

Specifically, rules that limit the “density of licenses” and the “times consistent with neighborhood uses” are included. The smoking, vaporizing and ingestion of cannabis are allowed in both indoor and outdoor consumption areas.

Allowed Cannabis Establishment and Consumption Areas

Ordinance 98 establishes a “minimum separation distance” of 300 feet countywide between cannabis establishments and/or consumption areas and religious churches or assemblies, community centers, public parks, schools or daycare centers….”

The Ordinance further requires that a distance of 1250 feet must be maintained between a cannabis retailer or cannabis consumption area and another cannabis retailer or cannabis consumption area.

Ordinance 98 allows cannabis retailers to sell cannabis products between 7:00 am and 12:00 am (midnight). Cannabis Consumption Areas are, also, allowed to be open between 7:00 am and 12:00 am (midnight).

Ordinance 98 requires Cannabis Establishments and Cannabis Consumption Areas licensed “to do business or be physically present in Lea County” to register with the Lea County Environmental Department, before or within ten (10) days of doing business in Lea County. Such registration is required annually. The first time registration fee is $250.00. Each annual registration fee is $150.00.

Ordinance 98 allows Cannabis Consumption Areas to be inside or outside.

If inside “… the smoking of cannabis products is limited to areas that have been designated smoking areas from which smoke does not infiltrate other indoor workplaces or indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act.”

If outside “controlled access”, such as fencing, is required. The Ordinance states, “The consumption of cannabis shall not be visible to the public from property outside the cannabis consumption area.”

Ordinance 98 restricts access to a Cannabis Consumption Area to individuals 21 years of age and older, unless licensed by the Lynn and Erin Compassionate Use Act.

Specifics of enforcement are not stated in Ordinance 98. However, the Ordinance authorizes Lea County Environmental Enforcement Officers, Lea County Environmental Technicians and certified Lea County Deputies to issue citations for violations to the ordinance.

Maximum penalty per violation is $300.00, although “each day during the time in which a violation occurs shall be deemed a separate violation.” The county can also seek injunctive relief should it be deemed appropriate.

Lea County Commissioners consider the need for cannabis activity regulation as urgent. Commissioners, thereby, declared Ordinance 98 effective immediately after its recording with the Lea County Clerk. All of this is to assure “public peace, health and safety”.