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Lovington Overview
Lovington, NM Code of Ordinances
Chapter 5.40
CANNABIS REGULATION
Sections:
   5.40.010   Definitions.
   5.40.020   Adopted.
   5.40.030   Zoning Permit Required.
   5.40.040   Hours of Operation.
   5.40.050   Cannabis Consumption Area.
   5.40.060   Mobile Units.
   5.40.070   Smoking of Cannabis in Public Places.
   5.40.080   Personal Use Cultivation and Production.
   5.40.090   Location Restrictions.
   5.40.110   Enforcement.
   5.40.120   Penalties.
5.40.010   Definitions.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “Cannabis.” All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent 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:
   1.   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
   2.   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 that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers and is licensed by the New Mexico cannabis control division.
   “Cannabis establishment.” Means:
      1.   A cannabis testing laboratory;
      2.   A cannabis manufacturer;
      3.   A cannabis producer;
      4.   A cannabis retailer;
      5.   A cannabis research laboratory;
      6.   A vertically integrated cannabis establishment;
      7.   A cannabis producer microbusiness; or
      8.   An integrated cannabis microbusiness.
   “Cannabis manufacturer.” A person that:
      1.   Manufactures cannabis products;
      2.   Packages cannabis products;
      3.   Has cannabis products tested by a cannabis testing laboratory; or
      4.   Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.
   “Cannabis producer.” A person that:
      1.   Cultivates cannabis plants;
      2.   Has unprocessed cannabis products tested by a cannabis testing laboratory;
      3.   Transports unprocessed cannabis products only to other cannabis establishments; or
      4.   Sells cannabis products wholesale.
   “Cannabis producer microbusiness.” A cannabis producer at a single licensed premises that possesses no more than 200 total mature cannabis plants at any one time.
   “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 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 retailer.” A person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
   “Cannabis testing laboratory.” A person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing.
   “Integrated cannabis microbusiness.” A person that is authorized to conduct one or more of the following:
      1.   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;
      2.   Manufacture of cannabis products at a single licensed premises;
      3.   Sales and transportation of only cannabis products produced or manufactured by that person;
      4.   Operation of only one retail establishment; and
      5.   Couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
   “Vertically integrated cannabis establishment.” A person that is authorized to act as any of the following:
      1.   A cannabis courier;
      2.   A cannabis manufacturer;
      3.   A cannabis producer; and
      4.   A cannabis retailer.
(Ord. 588 (part), 2022)
5.40.020   Adopted.
   A.   The city commission adopts by reference the state Occupational and Professional Licensing Commercial and Medical Cannabis; Title 16 Chapter 8 Part 2 NMSA, or any adopted edition adopted by the State of New Mexico henceforth.
   B.   A copy of the State Occupational and Professional Licensing Commercial and Medical Cannabis code shall be kept in the office of the city manager at the city hall and will be available at all reasonable times and subject to inspection.
(Ord. 588 (part), 2022)
5.40.030   Zoning permit required.
   In addition to the business registration fee, there is imposed a zoning permit. Any person seeking to operate a cannabis establishment in the city may obtain a cannabis permit under the following conditions:
   A.   The permit shall be obtained from the community service department.
   B.   The cost of the permit shall be $250.00 for the initial permit, and $100.00 for annual renewal of the permit. The annual renewal date shall coincide with business registration. Fee shall not be prorated.
   C.   The community service department zoning coordinator shall require the following information from the applicant:
      1.   The name, address and business organization of the applicant and location the applicant intends to transact business, as well as the specific business to be transacted.
      2.   Site plan or premises diagram
      3.   If the applicant is an individual, the residence address of the applicant as well as the applicant's birthdate and social security number.
      4.   If the applicant is a partnership, the names, residence addresses, birthdates, and social security number of all partners.
      5.   If the applicant is a limited liability company, the state of organization, address of the resident agent in New Mexico sufficient for service of process, the name of the managing member together with residence address, birthdate, and social security number and the name, residence address, birthdate and social security number of each member of the company.
      6.   If the applicant is a corporation, the state of corporation, the name and address of the registered agent in New Mexico sufficient for service of process, the name, residence, birthdate, and social security number of each officer or director of the corporation.
      7.   Prior to the issuance of a permit, any limited liability company or corporation shall provide a certificate of good standing.
      8.   The applicant shall provide federal and state tax identification numbers.
   D.   Prior to issuance of a permit or annual renewal the code enforcement officer shall inspect for compliance of all applicable city codes.
   E.   Prior to issuance or annual renewal of a permit the fire marshal or designee shall inspect for compliance with fire codes.
   F.   A temporary permit may be issued for state licensing purposes as long as all requirements of this section are met. A final permit shall be issued upon proof of a provisional license issued by the New Mexico cannabis control division.
   G.   No permit shall issue to a mobile, temporary or portable building.
   H.   No permit shall issue to a drive-through cannabis establishment.
   I.   Failure to meet the conditions above will result in a non-issuance of a permit.
      1.   If a denial of an application for a new permit or renewal is deemed necessary by the community service planning zoning coordinator, written notice of the decision shall be provided to the applicant.
      2.   Any person or entity denied a permit may, within ten (10) days of the receipt of a notice of denial, file an appeal with the city commission. The notice of the appeal shall be delivered to the city manager and a hearing shall be scheduled within thirty (30) days of receipt of the notice. The commission shall make a written findings of fact and conclusions of law supporting its decision.
      3.   Operation of cannabis establishment without a permit is a violation of this chapter.
(Ord. 588 (part), 2022)
5.40.040   Hours of operation.
   It is a violation of this chapter for any cannabis retailers and cannabis consumption areas to operate other than the following hours:
   A.   Cannabis consumption areas. Products may only be served and consumed between the hours of 7:00 am and midnight Monday through Sunday.
   B.   Cannabis retailers. Cannabis retailers may only sell cannabis products for off-site consumption between the hours of 7:00 am and midnight Monday through Sunday.
(Ord. 588 (part), 2022)
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