City council denies lifting cannabis buffer zone

In a split vote, the Las Cruces City Council denied a proposed change to the city code that would have eliminated a 300-foot buffer zone between cannabis retailers and single-family residences and between cannabis retailers.

Councilors Johana Bencomo, Becki Graham and Becky Corran voted in favor of the change at the council’s June 5 regular meeting. Councilors Tessa Abeyta and Yvonne Flores, Mayor Pro Tempore Kasandra Gandara and Mayor Ken Miyagishima (who voted by phone) voted against it.

The vote came after more than two hours of discussion and public input about the proposed change, which came before the council as an appeal of a Feb. 28 ruling by the city Planning and Zoning Commission (P&Z) approving a special use permit within the 300-foot buffer.

Adult recreational use of marijuana began in the city in April 2022. Since then, 48 cannabis-related businesses have opened, generating $42.5 million in total sales, the city said. 58 percent of sales are for recreational use and 42 percent for medicinal use, the city said.

Cannabis retailers are now “adaptively reusing buildings city officials “were looking at nobody ever going back into,” city Community Development Department Deputy Director Tim Pitts said in proposing the city code changes at the meeting. “From an economic development perspective, we very much want these businesses to be able to go in because they’re going to reinvigorate neighborhoods,” Pitts said.

“We do not propose to allow cannabis facilities in any residential districts,” he said, nor would the code change have allowed sales near schools.

By maintaining the 300-foot buffer in city code, “We are in essence continuing to place Prohibition-style barriers on this industry that is now a legal industry,” Bencomo said. “I do want all of you to reflect on what makes you say definitely keep the buffer for cannabis but not for full sale of liquor. While the buffer may or may not be removed, you still cannot have any type of retail business smack in the middle or a residential neighborhood because it is not zoned that way,” Bencomo said.

“What every step toward prohibition suggests is that we want to control someone else in a way that will maintain a stigma that we are trying to reduce,” Corran said.

“I continue to be concerned about youth consumption and density,” Gandara said.

“I’m personally really glad that legalization has occurred,” Greg White said during public input. “I also believe you must have standards for locational changes.” By eliminating the buffer zone, he said, “you take away the public’s right to have a voice in what occurs in proximity to their homes.”

Karen Salas, who said she owns childcare centers in Las Cruces, said the existing 300-foot buffer zone “is not big enough for childcare centers and schools.”

“I’m really bothered about lifting this restriction,” said Lori English. “In fact, I think it should be increased. Do you want your child exposed to this?” English also said the state should not allow cannabis sales to anyone who is not a state resident.

William Beerman said he is against removing the buffer and said the city “will approve anything” to increase revenue.

“The buffer zones are important because they create a space between our children and what they can see adults doing,” Don White said. “The boundaries aren’t so important as the modeling. We need to set an example.”

Two representatives from High Horse Cannabis Company, which locations in Las Cruces and Chaparral, spoke in favor of removing the buffer zone.