Commission approves two variance renewals under county cannabis ordinance

5122072 · July 2, 2025

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Summary

The San Juan County Commission voted to grant two variances to operate cannabis production businesses within the minimum-separation requirements of County Ordinance 120 — one for Zia Tokes LLC and a renewal for Medina Cannabis — after hearing staff recommendations and a hearing officer’s findings of no community opposition.

The San Juan County Commission approved two variances that allow cannabis production at locations closer than the county’s minimum separation distance from residences under San Juan County Cannabis Regulation Ordinance No. 120.

County staff read the applications and the hearing officer’s findings before the commission voted. "This variance has been the evidence has been heard by a hearing officer," a county staff member told the commission, noting the record the hearing officer compiled and that commissioners would avoid eliciting new testimony at the dais.

Zia Tokes LLC applied on May 6, 2025, for a variance from Section 3 of Ordinance 120 to operate an open-grow cannabis facility at a site previously permitted under DB’s Organics LLC. Staff reported the proposed operation would be within 300 feet of three residences; the closest residence (122 Rd 2755) is 120 feet from the grow fence and is owned by the owners of the cannabis facility. Notice was mailed to 11 properties within 300 feet; no opposition was recorded at the hearing on June 16, 2025. Hearing Officer Douglas Echols submitted written findings recommending approval. Commissioners moved and voted to approve the variance by voice vote; the motion carried.

Medina Cannabis sought renewal of a three-year variance originally approved Oct. 18, 2022. Staff reported Medina’s location is within 300 feet of 14 residences, with the closest residence (16 Road 5198) 18 feet from the grow fence; that resident appeared at the hearing to express support. No formal complaints had been filed against Medina during the three-year period and the business remained in good standing with county Community Development, the county fire marshal and the New Mexico Cannabis Control Division. Hearing Officer Echols again recommended approval; the commission voted to approve the renewal.

The record provided to the commission included the hearing officer’s written findings and the certified mail notifications to neighboring properties. The motions were routine approvals on the consent/new-business portion of the agenda; commissioners did not solicit additional testimony from neighbors at the meeting.