During Edgewood’s Regular Meeting Dec. 10, the town commissioners approved amendments to the cannabis ordinance to correct a technical error regarding conditional use and variances.
The main legal concern for the Cannabis Ordinance 2022-03 was correcting a technical error by removing the word “variance” to avoid any potential legal challenge in the future.
This correction ensures the ordinance aligns with proper zoning and land use practices.
Brad Hill, community development director for the Town of Edgewood, presented the commissioners with the intent to remove the reference to “variance” in Section 13, Item G.
The ordinance amendment presented a problematic stance since the term “variance” was demonstrated to be inconsistent with the land use laws according to the 2022 “Cannabis Regulation Ordinance,” which was initially adopted in 2022.
A “conditional use” pertains to land use permissions, while a “variance” addresses physical deviations from zoning standards.
Moving forward, removing the word “variance” will be implemented. The primary legal concerns with the technical error in Section 13G could potentially be challenged legally.
According to Hill, the terms “conditional use” and “variance” were incorrectly used together, creating a logical flaw in the ordinance. If not corrected, this error could lead to potential court litigation. The town wanted to ensure that its land use statutes could not be quickly challenged in court.
The ordinance effectively limits the number of cannabis dispensaries in the town but encased a technical error. The issue arose from the term “conditional use variance” in Section 13, Item G, which combined two unrelated land use concepts.
Hill highlighted the ordinance’s logical flaw: unrelated terms were combined, leading to potential legal challenges.
He said an experienced land-use applicant identified this issue, immediately prompting a review from him and his team.
The ordinance requires a minor technical correction to align with proper land-use standards, avoiding court disputes and ensuring legal clarity.
“It’s just a flaw in the logic of the way it’s written because they’re two unrelated things, and you really shouldn’t put them together like that,” Hill said. “What we want to do is we want to have statutes, especially in land use, that can’t be challenged because then we end up in a court, potential court litigation that a judge would look at it and go, Well, what were these guys thinking?”.
With no public comments during this hearing, the decision to remove the term was unanimously approved and jokingly celebrated.
“As you can tell, we didn’t use AI,” Mayor Pro Tem Filandro Anaya said.
Paul Dominguez, the new planning and zoning manager, was also introduced to his first regular commission meeting. Hill commended him for his proactive approach in contacting the New Mexico Finance Authority to set up a meeting to discuss important matters.
“He’s the one who reached out to them. They didn’t reach out to us … I want to commend and applaud manager Dominguez,” said Hill before diving into the modification request for the cannabis ordinance.
The Cannabis Regulation Ordinance offers detailed information on cannabis legalization in New Mexico. It identifies the importance of ensuring public health and safety through local regulations. Also, it highlights the aim of regulating the time, place and manner of cannabis businesses by complying with state laws and regulations.