2021 SEPTEMBER 25 ISSUE VILLAGE MARIJUANA LAW WOULD CHANGE TO PROTECT NEIGHBORHOODS

In coming weeks, the Village Council is expected to amend its ordinance regulating the growing of marijuana —and to urge the N.M. Legislature to amend State law as well. Intense discussion on the Village’s ordinance came at the September 14 council meeting, and more is expected at the September 28 session. Councilors are responding to constituents’ concerns that the local ordinances leaves homeowners too vulnerable to factory-scale cannabis cultivation in areas designated for residential.

A weakness in Corrales’ land use regulations is that those residential areas are identified in law as agricultural-residential, and marijuana crops would qualify as agriculture. A second problem is that Corrales has no alternative land use zoning category, such as one for light industry, to which any proposal for intensive cannabis growing could be directed.

Village Attorney Randy Autio advised the mayor and council at their September 14 meeting that, as Corrales’ law and land use plan exist now, any attempt to block or obstruct large-scale marijuana growing here would almost surely face a lawsuit.

Mayor Roake, a lawyer, concurred. “We will be sued and we will lose.”

But some councilors said the Village shouldn’t be deterred by such a threat, arguing that it is more important to protect residents here than to be intimidated by possible legal action.

Councilors indicated they are likely to address residents’ concerns about negative impacts from large-scale cannabis growing and processing by requiring that such operations have much greater set-backs from residences.

Although some councilors wanted to impose a moratorium on marijuana-growing permit applications, Autio advised the Village legally cannot do that.

On the other hand, the attorney pushed back on the notion that Corrales is particularly at risk for being overrun by cannabis businesses. “We have a couple of things in our favor,” he said.

Land in Corrales is expensive, and therefore not optimal for any agricultural venture. Furthermore, we don’t have a municipal water system and we don’t have many large commercial buildings. “We are not going to be the popular choice for growing marijuana,” Autio said. “Corrales is not a likely place for marijuana growers to target.”

But they already have, some would argue, pointing to the greenhouse complex operated by Spencer Komadina in the Corrales del Norte neighborhood at the north end of the valley.

At least four villagers have weighed in on the need for tighter restrictions on cannabis operations based on their experience with the Komadina operation.

They took issue, as did residents in other parts of the Village, that marijuana growing should be treated no differently than any other crop.                                                                                            

 In his remarks to the council, former Village Councilor Fred Hashimoto said comparing marijuana-growing to just the same as any other crop is ridiculous —and if State statutes insist on that, the statute is ridiculous as well.

“To consider cannabis as a regular crop plant is ludicrous.  It’s much different than other crop plants,” he said , because “a pound of it in New Mexico sells for up to $4,500. Second, it’s frequently grown intensively in enclosed structures, which have 24-7 operations requiring huge amounts of water and electricity and high security measures such as fences, wires, lights and window bars;