This chapter shall be known and may be cited as the "Otero County
Hemp Production Ordinance."
This chapter shall apply to all individuals, businesses, agencies,
institutions, or other entities engaged in the production of hemp
in the unincorporated areas of Otero County.
The purpose of this chapter is to establish rules prohibiting
the use of nonfeminized hemp seeds or hemp plants in Otero County
to support and sustain the growth of hemp in the County as an essential
agricultural product.
As used in this chapter, the following terms shall have the
meanings indicated:
CROP
Planting of one or more hemp varieties within a contiguous
or noncontiguous area.
DESTROY(ED)
The method approved by the New Mexico Department of Agriculture
to ensure nonviability of a cannabis plant. Methods may include shredding,
disking, burning, or other methods as prescribed by the Director.
FEMALE PLANT
The plant Cannabis sativa L. that does not produce pollen.
HEMP
The plant Cannabis sativa L., and any part of the plant,
whether growing or not, containing a delta-9-tetrahydrocannabinol
concentration of no more than 0.3% on a dry weight basis.
HERMAPHRODITE
The plant Cannabis sativa L. that has both male and female
sex organs and/or properties.
LICENSE
A document issued to an applicant by the New Mexico Department
of Agriculture authorizing a licensee to produce hemp at a location.
LICENSEE
Individuals, businesses, agencies, institutions, or other
entities that possess a valid hemp production license issued by the
New Mexico Department of Agriculture.
LOCATION
One contiguous growing area of any size, or multiple noncontiguous
growing areas, totaling no more than 10 acres, with a 2.5-mile radius.
Noncontiguous growing areas must be owned or leased by a single licensee.
MALE PLANT
The plant Cannabis sativa L. that produces pollen.
THC
Delta-9-tetrahydrocannabinol.
All locations are subject to inspections by County staff or
its authorized agents, without prior notification, to verify compliance
with rule requirements.
If any article, section, subsection, paragraph, sentence, clause,
phrase, provision or portion of any article, subsection, paragraph,
sentence, clause, phrase or provision in this chapter is, for any
reason, held to be unconstitutional, invalid or void, the remaining
portion shall not be affected since it is the express intention of
the Otero County Board of County Commissioners to pass such article,
section, subsection, paragraph, sentence, clause, phrase or provision
and every part thereof separately and independently from every other
part.