The Planning and Zoning Commission voted 4‑3 on Oct. 9 to approve Special Use Permit SU25037, authorizing retail cannabis sales at an existing commercial building at 3895 South Main Street, at the northeast corner of Main and Tortugas Drive.

The site is currently zoned C‑2, but county code requires a special‑use permit when a cannabis retail outlet would be located within 300 feet of residential property. Staff presented the application and noted the building is roughly 2,700 square feet, was constructed in 1979, and has been vacant several years; the nearest mobile home in the adjacent park sits about 65 feet from the proposed storefront.

Applicant Ryan Strand said the company already operates a farm in La Mesa and has kept a long‑term lease on the Main Street parcel with the intent to open retail. "We have no intention to do a consumption lounge," Strand told commissioners and added the project would clean and reuse a building that staff and the applicant said has accumulated trash and debris during vacancy.

The applicant proposed operating hours of 10 a.m.–10 p.m. Monday–Saturday and 2 p.m.–6 p.m. Sunday, four on‑site employees and an expected 6–12 customers per hour. The site plan shows two access points (Main and Tortugas), 21 parking spaces and security measures required by the New Mexico Cannabis Control Division. Staff found sufficient water and sewer capacity through the City of Las Cruces and recommended conditional approval.

Opposition was recorded in a written letter from the nearby mobile home park manager; during the hearing a commissioner who voted against approval emphasized proximity to residences and the need to protect public health, safety and welfare. Those voting against cited the 65‑foot distance from occupied homes and concern about establishing precedent for variances from the 300‑foot rule.

The commission attached three conditions: compliance with applicable building, fire, and life‑safety codes for existing structures and any new construction; the operating hours as proposed; and an explicit prohibition on on‑site consumption. Motion language and recorded roll call show the measure passed 4‑3. Commissioners who voted yes were recorded as Commissioner Lair, Commissioner Fisher, Vice Chair Czerniak and Chair Zarges; Commissioners Odonga, Garcia and Acosta recorded no votes on the motion and offered their reasons on the record.

Staff noted that the Planning and Zoning Commission may impose conditions to protect public health, safety and welfare and that consumption lounges would require a separate approval and amendment to any permit; the commission included an explicit non‑consumption condition in this approval. The applicant acknowledged the condition on consumption during the hearing and said the company would accept that restriction.

The approval authorizes the applicant to proceed with remodeling and building‑permit applications; staff said required security and digital surveillance measures will be enforced per New Mexico Cannabis Control Division regulations and local building and life‑safety codes.