[HISTORY: Adopted by the Board of Commissioners of Otero County 5-5-2022 by Ord. No. 22-03; amended in its entirety 6-9-2022 by Ord. No. 22-04. Subsequent amendments noted where applicable.]
STATE LAW REFERENCES
Cannabis Regulation Act — See NMSA 1978, § 26-2C-1 et seq.
Dee Johnson Clean Indoor Air Act — See NMSA 1978, § 24-16-1 et seq.
Lynn and Erin Compassionate Use Act — See NMSA 1978, § 26-2b-1 et seq.
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;
B. 
A cannabis manufacturer;
C. 
A cannabis producer;
D. 
A cannabis retailer;
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.
VERTICALLY INTEGRATED CANNABIS ESTABLISHMENT
A person who is authorized to act as any of the following:
A. 
A cannabis courier;
B. 
A cannabis manufacturer;
C. 
A cannabis producer; and
D. 
A cannabis retailer.
A. 
Indoor cannabis production and manufacturing odors. Cannabis producers and manufacturers that cultivate or manufacture cannabis plants indoors must minimize odorous matter and toxic or noxious matter through the use of techniques mandated by the New Mexico Cannabis Control Division. Should the New Mexico Cannabis Control Division not regulate indoor cannabis odors, cannabis producers and manufacturers shall adhere to industry standard techniques, such as activated carbon filtration and regular maintenance of HVAC systems, to minimize odors.
B. 
Retailer odor control. Cannabis retail establishments located in buildings shared with other business operations must minimize the infiltration of the odor of cannabis beyond the confines of the cannabis retail establishment per techniques mandated by the New Mexico Cannabis Control Division. Should the New Mexico Cannabis Control Division not regulate indoor cannabis odors applicable to cannabis retailers, cannabis retailers must adhere to industry standard techniques and regularly maintain all facility HVAC systems.
A. 
The smoking of cannabis in a public place is prohibited within County limits except in cannabis consumption areas and as permitted by state law.
B. 
A cannabis consumption area may be located inside any cannabis establishment building provided that smoking of cannabis products in such consumption areas is only allowed if the cannabis consumption area occupies a standalone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16.
C. 
Unless licensed pursuant to the Lynn and Erin Compassionate Use Act, cannabis consumption areas shall be restricted to persons 21 years of age and older.
A. 
Cannabis products may only be served and consumed within cannabis consumption areas between the hours of 7:00 a.m. and 12:00 a.m. Monday through Sunday.
B. 
Cannabis retailers, including vertically integrated cannabis establishments and integrated cannabis microbusinesses involved in retail, may only sell cannabis products between the hours of 7:00 a.m. and 12:00 a.m. Monday through Sunday.
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).
A. 
All County ordinances or resolutions inconsistent with this chapter are hereby repealed.
B. 
Otero County Ordinance § 143-6, Nonfeminized hemp seed and plants prohibited, is hereby repealed to the extent it is contrary to the Act or this chapter.