Score One for the Little Guy

Santa Fe has been slow to set the zoning rules for the percolating cannabis industry but in a step forward, the city’s Planning Commission on Thursday evening passed an ordinance giving so-called microbusinesses a bit of a win.

The ordinance, which still requires a vote by the City Council, would permit microbusinesses—a term used in New Mexico’s legalization scheme to distinguish small producers with 200 mature plants or less—to operate in several commercial zones that exclude larger producers.

“We felt by allowing them in some of the commercial zones that we’re not allowing the larger producers in, that would give them a competitive edge to kind of go in line with the intent of the state law to protect equity,” Commissioner Pilar Faulkner said at the commission’s regularly scheduled meeting.

The details: Microbusinesses would be permitted to grow plants outdoors with a special use permit and indoors in seven designated zones. Larger producers, meanwhile, would be limited to two zones for indoor growing.

Other recommendations include retail businesses be no closer than 300 feet from a school, spaced 400 feet apart from other cannabis businesses—the lengthiest point of discussion among staff and commissioners was that measurements should be taken from front door to front door of businesses—and limited to hours of operation from 7 am to 12 am.

The ordinance does not take up “cannabis consumption areas,” where cannabis products can be served and consumed, because the state is working on a framework to regulate these areas, according to an Aug. 30 city memorandum.

The Planning Commission unanimously passed the ordinance. With the state accepting producer license applications as of last week, the pressure is on for the City Council to pass a zoning ordinance, although staff said at a July meeting that the council likely won’t take a final vote until October.

On July 30, Santa Fe County passed its own cannabis zoning ordinance with a provision designed to give traditional communities—including Nambé, Cerrillos and La Cienega—the ability to develop their own rules for cannabis producers.