As used in this chapter, the following terms shall have the
meanings indicated:
CANNABIS
All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol
concentration of more than .3% on a dry weight basis, whether growing
or not; the seeds of the plant; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture
or preparation of the plant, its seeds or its resin; and does not
include:
A.
The mature stalks of the plant; fiber produced from the stalks;
oil or cake made from the seeds of the plant; any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil or cake; or the sterilized seed of the plant that
is incapable of germination; or
B.
The weight of any other ingredient combined with cannabis products
to prepare topical or oral administrations, food, drink or another
product.
CANNABIS CONSUMPTION AREA
An area, licensed by the New Mexico Cannabis Control Division,
where cannabis products may be served and consumed.
CANNABIS COURIER
A person who transports cannabis products to qualified patients,
primary caregivers or reciprocal participants or directly to consumers.
CANNABIS ESTABLISHMENT
A.
A cannabis testing laboratory;
E.
A cannabis research laboratory;
F.
A vertically integrated cannabis establishment;
G.
A cannabis producer microbusiness; or
H.
An integrated cannabis microbusiness.
CANNABIS RESEARCH LABORATORY
A facility that produces or possesses cannabis products and
all parts of the plant genus Cannabis for the purpose of studying
cannabis cultivation, characteristics or uses.
CANNABIS TESTING LABORATORY
A person that samples, collects and tests cannabis products
and transports cannabis products for the purpose of testing.
CANNABIS MANUFACTURER
A person who:
A.
Manufactures cannabis products;
B.
Packages cannabis products;
C.
Has cannabis products tested by a cannabis testing laboratory;
or
D.
Purchases, acquires, sells or transports wholesale cannabis
products to other cannabis establishments.
CANNABIS PRODUCER
A person who:
A.
Cultivates cannabis plants;
B.
Has unprocessed cannabis products tested by a cannabis testing
laboratory;
C.
Transports unprocessed cannabis products only to other cannabis
establishments; or
D.
Sells cannabis products wholesale.
CANNABIS PRODUCT
A product that is or that contains cannabis or cannabis extract,
including edible or topical products that may also contain other ingredients.
CANNABIS RETAILER
A person who sells cannabis products to qualified patients,
primary caregivers or reciprocal participants or directly to consumers.
INTEGRATED CANNABIS MICROBUSINESS
A person who is authorized to conduct one or more of the
following:
A.
Production of cannabis at a single licensed premises; provided
that the person shall not possess more than 200 total mature cannabis
plants at any one time;
B.
Manufacture of cannabis products at a single licensed premises;
C.
Sales and transportation of only cannabis products produced
or manufactured by that person;
D.
Operation of only one retail establishment; and
E.
Couriering of cannabis products to qualified patients, primary
caregivers or reciprocal participants or directly to consumers.
Cannabis cultivation and production for personal use in quantities
and as permitted by the Cannabis Regulation Act and Lynn and Erin
Compassionate Use Act is allowed anywhere in the County, subject to
the following conditions imposed to minimize access to minors to cannabis:
A. Any person cultivating or producing cannabis must take reasonable
precautions to prevent the theft of cannabis and cannabis products;
B. Any person cultivating or producing cannabis for personal use must
conduct such activities inside an enclosed and locked dwelling unit
or structure or with a fenced area no less than six feet in height.
All County ordinances related to the taxation of businesses,
establishments, and sales are hereby revoked to the extent that they
conflict with the Cannabis Regulation Act and Lynn and Erin Compassionate
Use Act.
The provisions of this chapter shall be enforced by the County's
Code Enforcement Officer or a law enforcement officer tasked with
enforcing the County's Code.
Any violation of this chapter may be enforced in any court of
competent jurisdiction. The maximum penalty per violation of this
chapter, unless otherwise indicated, shall be $300 or 30 days in jail
or both. Each day during the time in which a violation occurs shall
be deemed a separate violation. Nothing herein shall prevent the County
from seeking injunctive relief, if appropriate.
This chapter shall become effective immediately pursuant to
the statutory authority provided to the Otero County Board of Commissioners'
authority to take emergency action to protect against the immediate
danger to the public health, safety and welfare of the county or to
ordinances pursuant to NMSA 1978, § 4-37-7(C) (2003). See
NMSA 1978, § 4-37-1 to 4-37-13 (1981).