Moriarty is getting closer to limiting where medical marijuana companies can set up shop, but stopped short on Oct. 12 of making a final decision to give more time for researching what restrictions should be put in place.
That’s when the City Council continued its public hearing on adding medical marijuana-related businesses to its list of allowable land uses. Based on comments from last month’s public hearing, City Attorney Adolfo Mendez said the proposal is to revise land use ordinances to allow all possible medical marijuana uses only in areas zoned for manufacturing by a conditional use permit to assure the businesses meet special requirements.
The concerns about where to allow medical marijuana businesses in the city was prompted by a company applying for permit for a marijuana growing operation in an area of Moriarty zoned for commercial use.
The city’s planning and zoning commission was willing to approve it conditionally, but that would require adding medical marijuana to a list of allowable land uses in the city, which requires a public hearing.
At last month’s public hearing, several residents expressed concerns about where such businesses would be located and how young people may find marijuana use more acceptable if there is a business in the community.
In that hearing, a majority of people favored to at least restrict medical marijuana businesses to areas zoned for manufacturing or agriculture.
Councilors also asked that whatever zoning changes are made cover all the medical marijuana licenses currently issued by the state – producers, couriers, manufacturer and laboratory.
Mendez said conditions to medical marijuana businesses will include that they not be within 300 feet of a church, school or daycare center.
Mayor Ted Hart asked for feedback at the new proposal from the public.
When asked about how medical marijuana dispensaries fits into the picture, Mendez said those companies holding a producer license are allowed to both produce and dispense, but the common practice is to not have dispensaries at the same location as the production.
Any dispensary would be confined to a manufacturing zone under the new rules, he said.
Peggy Schwebach urged city officials to also research about how communities have handled marijuana legalized for recreational use because she said she believes it will someday be legalized in New Mexico, as it has in other states such as Colorado and Washington.
“If it is going to come, the best thing to do is to get ahead of it,” she said.
Lisa Powers said restricting medical marijuana to the parts of the small city zoned for manufacture still isn’t much of a buffer for residential neighborhoods.
“We already have a brewery,” she said. “We had a cigarette factory.”
Powers asked why the city must accept medical marijuana businesses. Hart said it was because the state recognizes it as a legal business.
“So, there’s nothing we can do about it,” she said.
Councilor Steve Anaya asked that the public hearing be extended to Nov. 9 to research the issue a little more before the council has to take final action on amending allowable land uses.
“I think we’re on the right track, but I’m not comfortable to pull the trigger right now,” Anaya said. “I want to make sure we get it right, not necessarily that we get it done quick.”
Hart said there are legitimate concerns about water usage and waste handling, and that perhaps acquiring water rights be added to the conditions, as well as addressed in the city’s water ordinances.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Moriarty Delays Decision On Medical Marijuana
Author: Todd G. Dickson
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