Farmington City Council approves municipal code changes for cannabis use, sales

Council has been discussing possible changes since July

Joshua Kellogg
Farmington Daily Times
  • Farmington councilors unanimously approved Ordinance 2021-1329 and 2021-1330 during an Oct. 12 meeting, according to a video recording of the meeting.
  • Retailers are allowed to operate in the Central Business, General Commercial and Industrial Zoning districts only.
  • The updated city code allows landlords or property owners to establish their own marijuana use regulations.

FARMINGTON — The Farmington City Council has approved two ordinances guiding where and when cannabis retailers can operate and where people can consume cannabis.

Councilors unanimously approved Ordinance 2021-1329 and 2021-1330 during an Oct. 12 meeting, according to a video recording of the meeting.

The council has been discussing possible changes since a July 20 council work session as communities across state updated municipal codes to account for the Cannabis Regulation Act, which went into effect on June 29.

Councilors wanted to amend city codes in anticipation of retail sales of recreational cannabis starting up by April 1 of next year.

Ordinance 2021-1329 updated the city’s Unified Development Code which included updates on which city zoning districts retail sales can operate in and where commercial cultivation can take place.

The ordinance appears to have evolved since it was first discussed in July, allowing retail sales in more parts of the city.

Cannabis discussion in July also suggested not allowing commercial cultivation within city limits but the updated city code allows it.

Retailers are allowed to operate in the Central Business, General Commercial and Industrial Zoning districts only.

The Central Business District includes parts of the downtown Farmington corridor including Main Street, Arrington Street and Broadway Avenue between North Schwartz Avenue and North Wall Avenue/South Miller Avenue.

The Farmington City Council starts to discuss proposed ordinance changes during a July 20 council work session. The proposed changes stem from the legalization of recreational cannabis use for people 21 years old and over.

Initial discussions among the councilors suggested not including the Central Business district. 

The businesses can only operate between 8 a.m. and 8 p.m.

Commercial cultivation, including the planting, growing, harvesting and curing of cannabis is permitted in three zoning district and requires a special use permit.

More:San Juan County Commission approves amended cannabis regulation measure

One person is allowed to cultivate six plants and a maximum of 12 plants are allowed per household with two or more people living in a residence.

The plants must be in a greenhouse or another fully enclosed structure with proper ventilation and must include “odor mitigation best practices.”

Ordinance 2021-1330 handled updating city code for possessing and consuming cannabis to match the Cannabis Regulation Act.

Some of the changes include allowing any person 21 years and older to possess up to 800 milligrams of edible cannabis, up to 16 grams of extract and up to two ounces of cannabis on their person in line with state law.

It also added a new section of the city code to define where it's lawful to consume cannabis. 

Places it is unlawful to consume cannabis including public parks, sidewalks, buildings or a public place as defined by city code.

Residents can consume cannabis in their private residence. City code defines a private residence as including yard areas.

The updated city code allows landlords or property owners to establish their own marijuana use regulations.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

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