A proposed medical marijuana growing operation in Moriarty won’t be opening soon as the City Council grapples with how to zone such businesses.
“If it’s legal by state law, we have to accept it,” Mayor Ted Hart said at a public hearing Sept. 28 on the issue. “We can’t zone them out.”
The hearing at the start of the regular council meeting brought out a large number of residents, most of whom did have a problem with a marijuana growing operation in the small city, but there were also a couple of supporters in the crowd. When residents who live near the proposed growing operation in Homestead Estates started raising questions about specific concerns of the water and security needs, councilors were quick to let them know the hearing was only for adding a marijuana growing wholesale operation to the city’s table of land uses for commercial zones.
Recently, Mother Earth Herbs, a Doña Ana County-based company in the medical marijuana business since 2010, applied for a business license for a vacant lot in the Homestead Estates development. The city’s Planning and Zoning Commission decided to give Mother Earth Herbs a conditional commercial zoning designation because a medical marijuana growing operation didn’t exactly fit the categories of established land uses, which prompted the need for a public hearing so it could be added to the list of allowable commercial land uses for that zoning.
At the public hearing, Councilor Dennis Shanfeldt said the council at this point would only be deciding on the zoning questions, but added that companies allowed to grow medical marijuana have a lot of regulations they must comply with, such as providing security.
In that case, the new designation should clearly denote allowing a wholesale growing operation for medical marijuana, since the state only has legalized its medical uses and not recreational use, said resident Georgia Overlander.
Mayor Ted Hart said that clarification could easily be added and councilors agreed with modification.
Regardless, Overlander said she was afraid setting up zoning for medical marijuana would open the door for recreational marijuana if it does get fully legalized in the future. Moriarty is a family community and allowing a growing operation sets a bad example for local youth, she said.
“This is not a good idea for the community of Moriarty,” Overlander said.
Shanfeldt said he tended to agree with Overlander that the city and Torrance County in general is not prepared for what greater legalization could bring.
“If this is going to come, we need to know how is it going to work,” he said.
Although the city is currently faced with a wholesale production-type facility, Councilor Kim Garcia said state law also allows other licensing for its processing and distribution and the city should be ready for those, as well.
“Do we need to add the retail dispensing to the land use table?” she asked.
To look more into these kinds of questions and to see if a zoning overlay is a better approach, the council tabled taking action on amending its table land uses until the next meeting Wednesday.
Still, several residents took the opportunity to raise objections to any kind of marijuana-related businesses moving into the community. Peggy Schwebach asked why it couldn’t be confined to areas of the city zoned for agricultural or manufacturing uses. Hart said Moriarty is so small that even areas zoned for those uses could still be near residential neighborhoods.
Hart said companies in the medical marijuana business tend to be low-key about their locations and the wholesale production operations don’t promote what’s going on inside.
“You can drive by them and not even know it,” he said.
Even though the council had approved the P&Z recommendation, it was only for the purpose of holding a hearing to amend the allowable land uses. Because the final license would be conditional upon the final change, the application would still need final approval by the commission or council after the land use changes.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Council Grapples With Medical Marijuana Zoning
Author: Todd G. Dickson
Contact: 505-823-7100
Photo Credit: Elaine Thompson
Website: MV Telegraph