New Mexico legalized the recreational use of cannabis by adults 21 and older earlier this year on June 29.
The possession outside of one’s private home of two ounces of marijuana, 16 grams of marijuana extract and 800 milligrams of edible marijuana is now legal. Additionally, a person may grow up to six marijuana plants at his or her home, with a cap of 12 plants per household.
Governor Lujan Grisham Pushed for Legalization
This legalization was strongly supported by Governor Michelle Lujan Grisham. In fact she called a special session of the state legislature on March 30 “to see through final passage of this potentially significant economic driver,” states a press release from the governor’s office. The legalization of cannabis is “estimated to create over 11,000 jobs, and ensure New Mexico is not left behind as more and more states adopt adult-use cannabis legalization,” states the release.
City of Hobbs Proposed Ordinance 5.06
With the legalization comes numerous regulation issues for New Mexico cities and countries, and the City of Hobbs is in the process of establishing a specific city ordinance (PDF) that complies with the rules that have been established by the Cannabis Control Division of the New Mexico Regulation & Licensing Department. These rules “ensure the safe production, testing, sale, and consumption of commercial and medical cannabis.”
FAQ Answers About Hobbs’ Proposed Cannabis Ordinance
The City of Hobbs has published FAQs (PDF) with answers that you should know about the city’s proposed ordinance 5.06 of the Hobbs Municipal Code. The ordinance sets out specific guidelines about the legalization of cannabis within the City of Hobbs.
First and very important is that the proposed ordinance does not legalize marijuana in the City of Hobbs. Legalization already occurred early this year at the state level. Instead, this ordinance “places permissible restrictions on the cannabis industry” within the City of Hobbs.
Second, the City of Hobbs does not have the power to refuse the legalization of marijuana. “The NM Legislature expressly denied any municipality the ability to criminalize marijuana possession, cultivation and use in the Cannabis Regulation Act,” said the City of Hobbs. The proposed “Cannabis Regulation Ordinance” regulates the marijuana industry in Hobbs.
Third, the City of Hobbs cannot criminalize the opening of a cannabis business. “The NM Legislature has stated that a municipality cannot criminalize conduct that is allowed under the Cannabis Regulation Act, including operating a cannabis establishment,” the City of Hobbs said on its website.
Fourth, although the City of Hobbs cannot criminalize operating a cannabis establishment, the city has the power to implement “time, place and manner” restrictions on marijuana businesses. The city may also place restrictions on the amount of water “a cannabis ‘grower’ (i. e. producer) uses of the City of Hobbs water service in order to preserve this precious resource.”
Under the proposed ordinance only specific producers are allowed to connect with the City of Hobbs water system. All of these producers must connect to a minimum 10-inch water line. Producers that qualify are “single license for use at a single location micro business producers” that have 1 – 200 mature cannabis plants. Also included are “integrated micro businesses” licensed to conduct multiple cannabis related activities, including the production of cannabis with 1 – 200 mature cannabis plants. Finally, “vertically integrated cannabis establishments” with 1 – 200 mature cannabis plants qualify. Such establishments are licensed to act in “multiple cannabis-related roles” and may produce cannabis.
Additionally, the New Mexico Legislature forbids local governments to “completely prohibit the operation” of a marijuana business. However, “cannabis retailers cannot establish a business location within 300 ft. of a school, church or military installation.” Cannabis retailers cannot sell alcohol or allow consumption of cannabis on their premises “unless specifically licensed by the State of New Mexico as a `cannabis consumption area´.”
According to Meghan Mooney, director of communications for the City of Hobbs, at this time the FAQs and their answers are the extent of the information the city has provided to the public about the proposed ordinance. She says, “at this point the FAQs are the best resource to share.”
The public will have access to more detailed information as soon as Hobbs city commissioners approve the Cannabis Regulation Ordinance. The one thing that is clear is that for the public to freely possess, use and/or enter into the cannabis industry in Hobbs, compliance with specific restrictions will be necessary.
