Cannabis establishments and cannabis consumption areas are uses not currently and specifically enumerated in the City's planning and zoning ordinances.

Cannabis cultivation, production, and manufacturing creates strong odors, can involve the use of significant amounts of energy and water, and requires security and other measures to reduce the risk of theft or other diversion to the illegal cannabis market, including possession and use by persons under the age of 21 and others who are not allowed to use or be in the vicinity of cannabis.

Cannabis is an intoxicating drug, making it appropriate to regulate the hours during which cannabis products may be sold and the areas in which cannabis products may be consumed.

The use of cannabis products creates health risks due to exposure to carcinogens, secondhand smoke or vaporized cannabis concentrates.

Density limits are necessary to ensure that cannabis businesses are not unduly concentrated and do not crowd out other commercial uses.

All City ordinances regarding cannabis are intended and designed to protect the public health, safety and welfare from the adverse effects of cannabis in accordance with federal and state law and the City's home-rule powers.

Purpose. This section is intended to apply to any and all personal use or activity involving cannabis and cannabis products in residential structures to the extent authorized by applicable federal, state and local laws. The words in this § 450-154 shall have the meanings of the words as specifically and expressly defined in NMSA 26-2C-2.

Any person, for purposes of this subsection and consistent with New Mexico state law, who is 21 years of age or older, and not otherwise prohibited from possessing or being in the vicinity of cannabis or cannabis products, that is cultivating, producing or manufacturing cannabis or cannabis products solely for his or her own personal use, may possess, cultivate, process, manufacture or transport no more than six mature cannabis plants and six immature plants, as defined by the Cannabis Regulation Act, provided that despite a household having multiple residents, no more than 12 mature cannabis plants may be present in any one household. Such possession shall be subject to the following requirements:

The words in this § 450-155 shall have the meanings of the words as expressly defined in NMSA 26-2C-2, unless expressly defined herein. Any entity, for purposes of this subsection and consistent with New Mexico state law, who is licensed pursuant to the New Mexico Cannabis Regulation Act ("CRA") and not otherwise prohibited from engaging in commercial cannabis activity or a cannabis consumption area, may engage in commercial cannabis activity or a cannabis consumption area subject to the following requirements:

Commercial cannabis activity as defined by New Mexico law shall be allowed only in non-residential units or buildings in the following zones: C-2, C-3, M-1 and M-2. No commercial cannabis activity shall occur or be located in a CH or C-1 zones. Outdoor commercial cannabis activity or cannabis consumption area shall be prohibited.

No commercial cannabis activity or cannabis consumption area shall occur, or be located, in the common areas of any commercial or multifamily building located within the City limits. Commercial cannabis activity and a cannabis consumption area shall conform to all City ordinances, including without limitation all requirements of building, safety and fire codes. Any entity involved in commercial cannabis activity or a cannabis consumption area, and required to be licensed pursuant to the CRA, shall have an initial code inspections by the City, and shall comply with any and all requirements and conditions of said inspections prior to any commercial cannabis activity or activity regarding a cannabis consumption area, and shall submit to periodic code inspections. Fees for various code inspections:

Commercial cannabis activity, or any portion thereof, and a cannabis consumption area shall not be permitted on an exterior portion of a lot, unit, building or structure, and shall maintain a minimum separation distance of at least a 300-foot radius, with the radius being measured from the subject property boundaries, from any school or daycare center that existed at the time the entity was issued a license by the State of New Mexico.

Commercial cannabis activity, or any portion thereof, cannabis use or a cannabis consumption area shall not disturb adjacent or nearby properties, including without limitation: (a) any form of signage not approved by the City; (b) unusual odors, smells, fragrances or other olfactory stimulus; (c) light pollution, glare or brightness that disturbs others or affects property in the vicinity; or (d) noise from ventilation fans. While City-approved signage may be located on the exterior of the building or unit, and persons may have a general knowledge that cannabis goods and/or services may be obtained at the location consistent with the CRA.

The use of any flammable or volatile solvent, gas, chemical or compound in the extraction of tetrahydrocannabinol ("THC") or other elements from cannabis is prohibited, except as may be permitted by New Mexico state law, and for an entity licensed pursuant to the CRA, and then only after inspection and approval by the City.

A daycare center shall mean any place which contributes to or is otherwise engaged in the supervision of minors, the elderly, and those with disabilities. A school shall mean any place which engages in the business, industry or administration of instructing or educating persons of any age, including without limitation public, private, charter and religious education or instruction.

For entities subject to the CRA, cannabis and products containing THC shall only be consumed in a cannabis consumption area as approved by CCD, which shall only be allowed within a licensed cannabis consumption area that occupies a standalone building from which smoke and cannabis odor does not infiltrate other indoor workplaces or other indoor places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act. Cannabis producers, cannabis producer micro businesses, and cannabis manufacturers shall use industry standard techniques to minimize odors, toxic or noxious particulates or matter, such as activated carbon filtration and regular maintenance of HVAC systems. Cannabis producers, cannabis producer micro businesses, cannabis manufacturers, and cannabis consumption areas shall have an odor control plan approved by the City prior to conducting any cannabis related business.

Any and all cannabis consumption areas or cannabis establishments shall limit their hours of operation to the hours between 8:00 a.m. and 11:00 p.m. from Monday to Saturday, and between 12:00 noon and 10:00 p.m. on Sundays, and any entity engaging in commercial cannabis activity or a cannabis consumption area shall have full time in-person security to prevent access for those under the age of 21 years and others who are not permitted in a cannabis consumption area or a location conducting commercial cannabis activity. The sales or service of any products containing THC from mobile, portable or temporary units, or drive-through locations is prohibited. Any entity engaged in any activity involving cannabis or products containing THC shall provide to the City, for the City's approval, a plan for the monitoring and disposal of all waste products.

Any cannabis retailer or a cannabis consumption area shall maintain a minimum separation distance of at least a 500-foot radius, with the radius being measured from the subject property boundaries, from any existing location engaging in commercial cannabis activity or a cannabis consumption area.

All cannabis producers and cannabis producer micro businesses using conditioned soil shall comply with the New Mexico Soil and Water Conservation Act.

No alcohol or alcoholic products shall be located, sold, consumed or served, in a cannabis consumption area.

Any City code enforcement officer, San Miguel County Sheriff's law enforcement officer, City law enforcement officer, City Fire Marshal, City Fire Chief or other City designee may enforce the provisions herein or issue citations for violation of this § 450-155. In addition to any federal, state or other applicable fines or penalties, any person found guilty of a violation of this § 450-155 be fined the sum of $500, and each day that a violation occurs shall be a separate offense. The fine imposed by this section shall not be suspended or deferred. The City reserves the right to terminate any City-issued or City-provided licenses, registrations, approvals, utilities or other such matter upon a second violation of City ordinances. Nothing herein shall prevent the City from seeking injunctive relief.

It is the responsibility of the owners and operators of the business involving cannabis to ensure that it is, at all times, operating in a manner compliant with all applicable laws, and any regulations promulgated hereunder, and any specific additional operating procedures or requirements which may be imposed as conditions of approval of any licenses or privileges. Nothing in the City's ordinances shall be construed as authorizing any actions which violate federal law, state law, or local ordinances with respect to the operation of any business involving cannabis.

San Miguel County (the "County") shall be the primary point of contact and decision-making for all applicants if utilities are not provided by the City, which includes without limitation nonmunicipal/non-City sources of water, septic, solid waste provided by the County and electrical services by a provider other than PNM/Avangrid or some other merger, subsidiary or affiliate of said companies. In such circumstances, County cannabis fees shall apply. The City shall take be the primary point of contact and decision-making for all applications if one or more of the utilities are provided by the City, which includes without limitation electrical services by a provider other than PNM/Avangrid or some other merger or affiliate of said companies, City wastewater, City solid waste or City gas. In such situations, City cannabis fees shall apply. An application under this section shall not be complete unless it includes a mandatory fee of $150, to be paid to the entity which is not serving as the primary point of contact and decision-making, for the resources required to jointly evaluate any ETZ matters.

All applicants shall have an initial consultation with the Planning and Zoning Departments of the County and City.

If at any time the County or City desires a conditional use permit for the applicant, thus requiring a Planning and Zoning Commission hearing and/or approval by the governing body of the County or City, the Planning and Zoning Departments of the County and City shall be present for any public hearing to address any concerns of the County or City.

Approved applicants shall be required to attain both a County and City business license or registration, whichever is applicable. An inspection by the City Fire Department shall be required for any business operating in the ETZ, subject to the City's fire inspection fee.