Santa Fe Standard

September 29, 2021 – We provide this information describing definitions and recommendations as context for following the proceedings scheduled for the evening session of the meeting; find the agenda and instructions for viewing and listening here: Meeting (primegov.com)

The proposed legislative changes before the Governing Body this evening (September 29, 2021) regarding the new commercial cannabis industry are based on recommendations that the Policy Subcommittee has made to the Planning Commission. The Policy Subcommittee worked extensively over the past several weeks to formulate recommendations  and on September 2, 2021, the Planning Commission voted to recommend approval of the legislation for cannabis to the Governing Body.

Staff made legislative changes to amend the Land Development Code by adding a new category of specific uses, “Commercial Cannabis Establishments,” in the Santa Fe City Code (“SFCC” 14-6.1-1 (Table of Permitted Uses). The Bill further clarifies in which zoning districts the various types of Commercial Cannabis Establishments would be permitted, and adopts minimum distances between cannabis retail establishments and schools or daycares. The Bill includes proposed changes to Subsection 14-6.2(H) (agricultural uses), 14-6.3(D)(2) (home occupations), 14-12.1 (definitions), and adds a new subsection 14-6.2(I) to adopt use specific standards for cannabis establishments including density limitations and operating times. 

The State has clearly outlined that local jurisdictions cannot:

Local jurisdictions can adopt rules that reasonably limit conditions like density of cannabis establishments and operating times.

The Cannabis Regulation Act defines new types of recreational cannabis establishments, including the following:

Staff has drafted the following changes to Chapter 14.The goal of this proposed legislation is to promote the cannabis economy while protecting public health, safety, and the general welfare of the residents and visitors to the City of Santa Fe.

Commercial Cannabis Establishments: With the proposed amendments, a new “Commercial Cannabis Establishments” category of specific uses would be created within SFCC Section 14-6.1-1 (table of permitted uses), which stipulates specific definitions and uses in zoning districts as “permitted use”, “special use permit”, “accessory use”, and “prohibited use.”

Commercial Cannabis Establishments would be divided into two classes for Production:

1.   Cannabis Producer:

A business conducted by a person licensed to cultivate cannabis, including the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, provided that the person may possess two hundred and one (201) total mature cannabis plants or more at any one time.

2.  Cannabis Producer Microbusiness:

A small business conducted by a person licensed to cultivate cannabis at a single location, including the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, provided that the person may not possess more than two hundred (200) total mature cannabis plants at any one time.

Commercial Cannabis Establishments would be divided into two classes for Manufacturing:

1.Cannabis Manufacturing, Heavy: A use that involves compounding, blending, extracting, infusing, packaging, or otherwise preparing a cannabis product using volatile solvents, e.g., butane, heptane, hexane, or propane.

2.Cannabis Manufacturing, Light: A use that involves compounding, blending, extracting, infusing, packaging, or otherwise preparing a cannabis product using mechanical methods, nonvolatile solvents, or no solvents.

 

Commercial Cannabis Establishments would be divided into two categories for Cannabis research and testing laboratories: 

 

Cannabis Research Laboratory: A facility that produces or possesses cannabis or cannabis products for the purpose of studying cannabis cultivation, characteristics, or uses, provided that a cannabis research laboratory that conducts heavy cannabis manufacturing activities shall be classified as “cannabis manufacturing, heavy.”

Cannabis Testing Labratory: A facility where cannabis products are sampled, collected, and tested, provided that a cannabis testing laboratory that conducts heavy cannabis manufacturing activities shall be classified as “cannabis manufacturing, heavy.”

Commercial Cannabis Retailer:  A business conducted by a person that is licensed to sell cannabis products directly to consumers who are twenty-one years of age or older.

 

The Commercial Cannabis Retailer use would only be permitted if not located within three-hundred (300) feet of an existing school or daycare center; new commercial cannabis retailers would only be permitted use if located outside a four-hundred (400) foot distance of a commercial cannabis retailer’smain entrance (the distance shall be measured from the main entrance of the business premise to the main entrance of the next business premise); all commercial cannabis retailers would be limited to hours of operation from 7:00 a.m. to 12:00 a.m.. (midnight).

The final permitted use added to the Commercial Cannabis Establishments would be “Cannabis Consumption Area,” defined as an area where cannabis products may be served and consumed by smoking, vaping, or ingesting, provided that alcohol cannot be sold or consumed in a cannabis consumption area and entry is limited to patrons 21 years of age or older. The State of New Mexico is currently working on a framework for regulating cannabis consumption areas and legislation will be further drafted and presented to the Planning Commission and Governing Body after the State’s framework is completed. The resulting legislation will require review at public hearings before the Planning Commission and Governing Body prior to adoption.