A. To protect the health, safety, and welfare of the community’s most vulnerable populations, particularly children, seniors, and individuals who struggle with neurochemical dependencies, no cannabis-related businesses shall be permitted:
1. Within 300 feet of all schools, daycare centers, parks, churches, recreation facilities, federal training facilities, senior care facilities, retirement facilities and medical facilities (including but not limited to outpatient facilities, hospitals, and urgent care facilities). Cannabis-related businesses shall not be permitted within 300 feet of any mental health centers, addiction centers, or rehabilitation facilities (both medical and non-medical facilities).
2. Within 300 feet of any residential dwelling unit, including manufactured homes, mobile homes, and recreational vehicles within a recreational vehicle park or recreational vehicle subdivision, as measured from the nearest outside wall of the cannabis-related business to the nearest outside wall of the dwelling unit.
B. Cannabis-related businesses must maintain a reasonable separation distance of at least one-quarter (1/4) mile (1,320 feet) from one cannabis-related business to another as measured from the nearest outside wall to outside wall of the buildings.
C. Cannabis-related retail establishments are limited to the hours of operation from 8:00AM through 8:00PM.
D. Cannabis consumption areas and facilities and cannabis-related special events are prohibited within the City of Artesia.
E. Unless otherwise provided in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act, it is unlawful for a person without a license to intentionally traffic cannabis products. A person under 18 years of age who violates this subsection shall be subject to attendance at a four-hour evidence-based drug education and legal rights program at no cost to the person, or four hours of community service. Except as otherwise provided in the Cannabis Regulation Act, a person 18 years of age or older who violates this subsection is guilty of a misdemeanor; a person 18 years of age or older who violates this subsection with respect to conducting unlicensed cannabis product sales from a building, room or other area open to the public in a manner that would lead a reasonable person to believe that the area is a cannabis establishment licensed pursuant to the Cannabis Regulation Act is guilty of a fourth degree felony.
F. It is unlawful for a person to manufacture cannabis extract without a license issued pursuant to the Cannabis Regulation Act unless the person produces and manufactures cannabis extract from homegrown cannabis using nonvolatile solvents, alcohol or carbon dioxide, or no solvents. The use of any other solvent or process is expressly prohibited unless it is approved by the Cannabis Control Division of the Regulation and Licensing Department of the State of New Mexico. A person who violates this subsection is guilty of a fourth degree felony. (Ord. O-1089, 9-14-2021)