Because federal and state laws have prohibited the possession and sale of cannabis generally, cannabis sales have never been specifically addressed by town ordinance.

On March 13, 2007, the New Mexico state legislature passed Senate Bill 523 which created a limited exception from criminal liability under New Mexico state law (as opposed to federal law) for seriously ill persons who are in need of cannabis for specified medical purposes and who obtain and use medical cannabis under the limited, specified circumstances described in Senate Bill 523 and the implementing state statutes and administrative regulations.

The intent of Senate Bill 523 was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, cultivate, grow, use, and distribute cannabis without fear of criminal prosecution under New Mexico (as opposed to federal) law.

If medical cannabis dispensaries operating pursuant to Senate Bill 523 were allowed to be established and to operate without appropriate local regulation of their location, medical cannabis dispensaries might be established in areas that would conflict with the town’s comprehensive land use plan, be inconsistent with surrounding uses, or otherwise be detrimental to the public health, safety and welfare.

Nothing in this section 16.16.225 allows a person to:

This section 16.16.225 is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort, and convenience of the town and the inhabitants thereof.