Cannabis ordinance gets final approval

PORTALES — The Portales City Council gave final approval Tuesday to an ordinance outlining cannabis establishments in city limits, following a discussion of how the city's mixed development makes a one-size-fits-all approach difficult.

Discussion prior to the 7-0 vote covered about 45 minutes, half during a public hearing and half during council discussions on various amendments.

City Attorney Stephen Doerr said the city could determine operation hours and distance requirements, and that's about it.

“The bill itself is 172 pages in length … very, very detailed,” Doerr said. “The definitions of what a city or county can do is limited to one page.”

Councilors agreed on the following stipulations for cannabis establishments:

• Establishments must be more than 300 feet from any school or day care.

• Establishments must be more than 300 feet from any residence, religious assembly or church, library, cultural center, community center, public park or government facility.

• Establishments must be more than 50 feet from any other cannabis establishment.

• Operation hours are limited to 7 a.m.-2 a.m. Monday through Saturday and noon to midnight Sunday for cannabis consumption areas; 7 a.m.-midnight Monday through Saturday and noon to midnight Sundays for off-site consumption.

• A permit is $250, with a $100 annual renewal.

Doerr reiterated that nothing in the distance requirements applies to private residences. Any citizen, he said, is allowed to grow and consume cannabis on their own property, regardless of proximity to anything mentioned in the ordinance.

Councilors, on a unanimous vote, eliminated a clause that banned drive-through establishments. Citizens noted that a current medical dispensary already has a drive-through window, and that establishment would keep it in the event of a transition to a recreational seller.

“Somebody's grandfathered in,” resident Steven Robertson said. “That gives them an unfair advantage.”

Councilor Jim Lucero initially sought to remove any distance restrictions for residences, noting that countless current businesses share an alley with a residential neighborhood.

“There are so many residences next to these thoroughfares,” Lucero said, “it's impossible to establish a business.”

Lucero eventually dropped the request when city staff noted a cannabis establishment could go through the planning and zoning commission for a variance request. Doerr warned eliminating distance requirements from residences could result in a cannabis shop in the middle of a residential neighborhood. Councilor Chad Heflin said with the variance option, nearby residents could weigh in on whether they want the establishment in their neighborhood.

Regarding distance between cannabis establishments, the council voted 4-3 to reduce the distance from 300 feet to 50 feet. Lucero said a 300-foot distance would stifle competition. Mayor Ron Jackson said he understood Lucero's point, and that the intent of the 200-foot distance was to prevent a city block that is entirely cannabis establishments. Lucero was joined in the vote by Dianne Parker, Jake Lopez and Mayor Pro Tem Mike Miller. Voting in dissent were Heflin, Oscar Robinson and Daniel Boan.

Following approval of the ordinance, Doerr commended the crowd of about 60 for its civilized discourse on what has been a hot-button issue for the last few months.

In other business at the Tuesday meeting:

• Michael Garza of the Portales Fire Department was presented with a challenge coin to mark his one-year anniversary with the department. Chief T.J. Cathey said Garza has worked with the city for five years, and did EMT training on his own while working with the city's water department.

• Councilors approved an application of $150,000 in New Mexico Fire Protection grant funds. Cathey said he'd identified equipment purchases of about $156,600, and the city would only hopefully have to cover a small overage. The city received $100,000 in grants last year, but Cathey was hopeful a larger pool of state funds this year would mean a bigger award.

• An agenda item on the state's mask mandate was a brief informational item. City Manager Sarah Austin said signs communicating the mandate have been posted at city buildings and city employees were all sent a memo reminding them of the mandate.

• The council approved final adoption of an ordinance regarding economic development projects. The vote passed 5-0, with two abstentions. Lucero abstained due to his position at the Roosevelt County Industrial Development Corporation, and Chad Heflin abstained because his Dawg House Bar was one of the participating businesses.

• The council looked at a draft of an infrastructure capital improvement plan it will discuss at its Sept. 7 meeting. The top five projects on the list for 2022-23 are wellfield improvements, Avenue A upgrades, a street sweeper purchase, Lime Street upgrades and emulsion tank purchases. Linda Sumption of Portales noted the five-year plan didn't include any requests for the city's animal shelter, and asked if that could be placed on the list. Councilors saw no reason not to grant the request, but Jackson said the funding may come split because the shelter is housed in a building owned by Roosevelt County.

• The council's next meeting is scheduled for 6:30 p.m. Sept. 7 at the Memorial Building.