Four more businesses in the city can sell recreational marijuana now after Roswell City Hall votes Thursday night.
Sunday’s recreational cannabis sales have also been approved for the first time in Roswell after much debate among city councilors and lengthy discussions to resolve confusion over prior decisions, city ordinances, permit conditions and state laws.
Bryan’s Green Care at 3108 N. Main St. previously it only sold CBD products at the Roswell location, although its owner, Victoria Bruce, told city councilors that the company sold both medical and recreational marijuana to several other New Mexico communities.
The local operation for a zoning change in the CCAN (Commercial Cannabis) floating zone was approved, as required by the municipal ordinance for all cannabis retailers; a variation because residential areas are less than 300 feet from your store; and a conditional use permit is also required for all recreational cannabis companies that allow city planning and zoning staff and Roswell City Councilors to review their business operations and establish specific conditions for each. applicant.
As the first cannabis-related case of the night, the app resulted in about an hour of questions, debates, discussions and numerous amendments and motions while city councilors were considering whether to allow Sunday sales.
In May, when the city council approved the first permits for adult cannabis use in the city for Pecos Valley Pharmaceuticals and Ultra Health, the governing body had rejected a change in the cannabis section of the municipal ordinance that would have expressly allowed the Sunday sale.
Instead, city councilors decided the language as part of the permit approval conditions that would allow the sale on Sunday unless councilors specifically ban or restrict them.
City Councilors Juliana Halvorson, Angela Moore and Edward Heldenbrand said community development manager Kevin Maevers was confusing applicants and members of the city’s Planning and Zoning Commission in their conversations with them. . Halvorson said he was telling people that Sunday sales were never allowed. But Maevers countered that.
He said the misunderstandings relate to differences between state laws and city ordinances and about voting on the ordinance as opposed to the terms of approval. He also said he had told applicants and commissioners that the council had not allowed Sunday sales until then and had voted against a change in ordinance to allow Sunday sales.
City Attorney Parker Patterson was repeatedly asked to clarify what had been previously decided.
“What went wrong was the ordinance that would have set Sunday sales,” Patterson said. “So right now we are back in the status quo, which is that the ordinance does not address it in one way or another. But what the city council did was add language to the terms of approval that it says, sell on Sundays, unless the city council restricts or authorizes the opposite. “
He added that he thought that the wording of the conditions of approval had been approved because the councilors thought that the change in ordinance would be adopted. When the ordinance change failed, he acknowledged, the language for the terms of approval was “vague” and “ambiguous.”
“It’s not clear from the way it was played,” he said. “That’s why I think it would be good to put the conditions in place from now on, that’s what it is, Sunday sales, yes or no, these hours, so we’re all clear and we’re not in a confusing situation again.”
Councilors agreed and approved amendments for all four applicants to allow the sale of medicinal and recreational marijuana on Sunday from 11 a.m. to 5 p.m.
The other three applicants approved that they had all been selling medicinal cannabis at their locations in Roswell and can now also sell them for recreational use.
OSO Cannabis Co. at 117 W. Walnut St. has been operating locally since September 2019. It was granted a variation because its location was not in the C-2 shopping district designated for cannabis retail outlets.
R. Greenleaf Organics at 4311 N. Main St., Suite B, has been in business locally since May 2020. While its application did not require any variation, it also generated lengthy discussions because it was the first sun. cannabis bidder who was deemed to have a car access window, which is not permitted by current city rules.
City councilors debated with each other for a long time and also asked many questions to Maevers and Roswell Police Chief Phil Smith, who is also a member of the state’s Cannabis Regulation Advisory Committee and had inspected Greenleaf. and SWOP, the next applicant with a drive-thru. window.
In the end, the city council agreed to allow both businesses to sell through the drive-thru because they complied with the necessary security precautions.
SWOP (Southwest Organic Producers) at 610 W. Second St. has been selling medical marijuana in this place since April 2021. It also received variations because it is in a C-4 zoning area, the residential properties are 300 feet away and it is close to the historic city center.
Will Boston, of SWOP, told city councilors that the company had built a 6-foot metal fence to separate the retail location from the residences and had decided to raise a barrier in the alley for customers. of SWOP could not drive on the side. of the alley used by neighboring landlords or tenants.