Council nixes change that would've loosened cannabis rules

LAS CRUCES – The City of Las Cruces Council voted 4-3 to keep zoning buffers for cannabis operations in place after one the councilor flipped her vote, dozen residents voiced opposition to the change, and a surprise entrance from the Mayor tipped the scales against the change.

The vote came after three hours of debate, a presentation from City Staff, and a slew of public comments mostly against the change. The vote ensures that two restrictions on where cannabis operations – such as dispensaries, growing operations, and consumption lounges – will remain in place.

City Staff's Ptich for a change:New rule may loosen restrictions on cannabis. What to know before Las Cruces Council votes

Here's what to know about the defeated changes.

When the cannabis market opened in Las Cruces in April 2022, it did so under a city ordinance. Among other things, this ordinance created zoning buffers meant to prevent cannabis operations from being:

The defeated proposal would've kept the 300-foot barrier between schools and daycares but ended the buffers involving single-family housing and other cannabis operations.

The vote also marked the second attempt to alter the buffers since the cannabis market opened.

The first attempt in October 2022 narrowly failed. Councilors Johana Bencomo, Yvonne Flores, and Becki Graham voted in favor of removing all zoning buffers after the city staff suggested the buffers were unduly harming the growth of the cannabis industry. However, councilors Tessa Abeyta, Becky Corran, Kasandra Gandara, and Mayor Ken Miyagishima voted to uphold the rules.

That proposal differed from this in one critical aspect. That proposal would've ended all zoning buffers, whereas this one only eliminates buffers involving housing and other retailers.

Before the vote, Corran announced on Twitter that she planned to switch her vote, while Miyagishima suggested he'd be absent from the meeting. Those two factors suggested that the vote would result in an end to the buffers.

"Figuring out the best ways to move forward equitably and not replicating the stigmatization of the past is why I am changing my prior vote on this issue and support removing the buffer," she said.

Corran's tweet came in response to a thread from State Rep. Angelica Rubio (D-Las Cruces). The thread explained Rubio's support for ending the buffer, saying it's an important step in reducing the stigma around cannabis use.

"An opposition to this 300ft removal only further perpetuates the fear-mongering and stigma that has historically impacted cannabis use, which I am vehemently opposed to," Rubio said.

But in the end, Flores flipped and voted against the measure. Miyagishima, who shared an email with Sun-News announcing his expected absences from the meeting, did appear via telephone. He spoke briefly on this issue and voted against the change, which proved critical for defeating the measure.

Corran, Graham, and Bencomo voted in favor of the change. Abeyta, Flores, Gandara, and Miyagishima voted against it.

While Miyagishima's appearance was in question, his vote was never in doubt. From the get-go, Miyagishima has opposed the legalization of cannabis and the market's growth. Abeyta and Gandara's vote also seemed inevitable. Both said during the first vote and reiterated again on Monday they wanted to see more information regarding density's effect on youth consumption before considering a change. Both said the staff did not provide that information.

With Corran now in favor of the change, that left Flores as the tiebreaker. Flores indicated she worried the change would allow dispensaries to open inside neighborhoods. However, city staff and other councilors assured her that dispensaries could not open in residentially zoned areas regardless of the changes. But it wasn't enough for Flores, who voted against the change.

Justin Garcia covers public safety and local government in Las Cruces. He can be reached via email at [email protected], via text at 575-541-5449, or on Twitter @Just516Garc.