Portales introduces cannabis ordinance

PORTALES — The Portales City Council approved introduction of an ordinance setting parameters for cannabis manufacture, sale and consumption, but it’s anticipate the final ordinance may be a little less restrictive than what was presented Tuesday night.

Councilors will look over the ordinance and determine if any changes are needed prior to a vote for final approval at the Aug. 24 meeting. City officials have stressed the importance of having the ordinance in effect before the state opens up the application process Sept. 1.

City Attorney Randy Knudson provided the council with an 11-page document includes the following requirements for cannabis establishments:

• Establishments must be more than 300 feet from any school or day care.

• Establishments must be more than 1,000 feet from any residence, religious assembly or church, library, cultural center ,community center, public park or government facility.

• Establishments must be more than 200 feet from any other cannabis establishment.

• Operation hours are limited to 7 a.m.-2 a.m. Monday through Saturday and noon to midnight Sunday for cannabis consumption areas; 7 a.m.-midnight Monday through Saturday and noon to midnight Sundays for off-site consumption.

• A permit is $250, with a $100 annual renewal.

Knudson warned ordinance aspects could get fought in court if they’re restrictive — he noted the 1,000-foot requirement “might not pass legal muster” — but that councilors could amend it as they saw fit.

Mayor Pro Tem Mike Miller said it’s his understanding a couple of communities are planning the most restrictive measures possible, including the 1,000-foot restriction, and are prepared to go to court. Miller thinks they’re going to lose, and doesn’t see why Portales should expend resources joining that fight.

If those towns win the right to tighter restrictions, Miller said, “we can always come back and amend the ordinance,” but the overarching principle should be to treat cannabis establishments like any other business.

Ward D Councilor Dianne Parker said councilors should anticipate plenty of constituent questions, and that constituents should anticipate a council with no relevant experience may not have a good answer.

“It’s going to be uncharted territory for a while,” Parker said. “This (ordinance) is a good foundation.”

Mayor Ron Jackson said at the conclusion of the 15-minute discussion that it was important to note the efforts of Miller and attorney Steve Doerr in crafting the ordinance.

In other business at the Tuesday meeting:

• A meeting of the Infrastructure and Capital Improvement Plan committee was pushed a day back to 9 a.m. Friday due to a Thursday groundbreaking ceremony for the Eastern New Mexico Water Utility Authority.

Committee members are Jackson and councilors Jake Lopez, Oscar Robinson and Veronica Cordova. Councilor Chad Heflin was also selected as an alternate.

• The council repealed Ordinance 741 governing collective bargaining procedures to align with state standards.

• The council approved a contract amendment with Daniel B. Stephens and Associates on its Blackwater Wellfield Development. Public Works Director John DeSha said the amendment adds scope of work, and the overall project was previously included in the budget.

• A usage agreement was struck with the Portales Softball Association for use of the city’s fields on Industrial Drive through November.

Recreation Director Jodi Diaz said the agreement is similar to those in past years, and the association has treated the property well.

When asked about field conditions, Diaz conceded, “they need a little work; you can tell they haven’t been played in a few years.”

• The council approved Local Economic Development Act projects with Dawg Houze, Portales Country Club, Roosevelt County Community Development Corporation and Sterling Management. Heflin, who owns the Dawg Houze, abstained from the vote.

• The next meeting is scheduled for 6:30 p.m. Aug. 24 at the Memorial Building.