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Journal Staff Writer
The Bernalillo County Commission on Tuesday unanimously approved land-use regulations to govern the newly legalized recreational marijuana industry, including where businesses can grow and sell cannabis in the county’s unincorporated areas.
They permit recreational cannabis retail sales in most commercial zones, as long as the site is at least 300 feet away from a school or day care. They also allow outdoor commercial cannabis cultivation on agriculturally zoned properties, but do require fencing at least 6 feet high and impose limitations based on property size.
Personal production and consumption is allowed in all county zones.
The rules adopted Tuesday differ slightly from the draft introduced a month ago – reflecting the input from the commission, industry and the general public, county Zoning Administrator Nicholas Hamm said.
Notably, the county eliminated a previously proposed distinction between medical and recreational cannabis use at businesses licensed to sell for on-site consumption. As passed, the county will allow “cannabis lounges” in the same commercial zones, whether they cater to medical or recreational users.
Commissioner Adriann Barboa applauded the change.
“We don’t want to be in the business of regulating or monitoring, or asking people (why they’re consuming cannabis),” she said. “I don’t think that’s county business.”
The county also added a special-use permit provision so that businesses can seek approval if they want to do more than one cannabis-related activity, such as grow marijuana and create edible products.
One local cannabis industry professional raised concerns about some of the approved regulations, including the provision that bans smoking marijuana outdoors at cannabis lounges. Smoking at such places is allowed only indoors with proper ventilation.
“The indoor consumption-only language is very restrictive; as medical cannabis patients, we’ve been consuming outdoors since time has begun,” Erica Rowland said during public comment. “For us to be forced into a fish bowl or back in the cannabis closet is something I’d like you to consider.”
Hamm said the rule applies specifically to cannabis lounge businesses, not what people do at home. It is intended to keep the lounges from negatively impacting nearby businesses, he said.
“The county was trying to strike a balance between allowing New Mexicans to consume a now-regulated product in a safe and legal matter, while balancing the needs of the existing community more broadly,” Hamm said.
Meanwhile, the state announced Wednesday that it had issued the first new licenses under the Cannabis Regulation Act, which was passed earlier this year.
The Cannabis Control Division of the Regulation and Licensing Department issued:
• A producer license to Steve Martinez, and sons Mitchell and Tony Martinez, of Aztec;
• A micro-producer license to minority- and grower-owned Carver Family Farm of Albuquerque; and
• A micro-producer license to BAUDABOOMZ2 LLC of Edgewood.
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