Taos amends cannabis rules to align with state law, removes some 300-foot buffers
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Summary
The council adopted Ordinance 25-04 to update local cannabis regulations to reflect recent state amendments, allow certain manufacturing and outdoor consumption uses in additional zones and remove a 300-foot separation requirement from residences and between retailers while keeping protections for the Plaza.
The Taos Town Council on July 8 adopted Ordinance 25-04, revising the town’s recreational cannabis regulations to align with recent amendments to New Mexico’s Cannabis Regulation Act and to change local zoning and separation rules.
Robbie Sachs, who drafted the ordinance language, told the council most edits were definitional to match state law, to clarify permitting flow and to add new provisions such as a separate section for outdoor cannabis consumption areas. “The changes that I made were really mostly around definitions to make sure there wasn’t any daylight between the definitions that the town of Taos had versus the state of New Mexico,” Sachs said.
Among the policy changes the council approved were: treating Class 1 manufacturers (primarily packaging/repackaging) differently from higher-risk manufacturing; authorizing outdoor consumption areas under a new set of rules; and adjusting the zoning list for manufacturer uses to include the Central Business District (CBD) for some activities. After debate, the council removed the town’s 300-foot separation requirement that had applied between cannabis establishments and between establishments and residences, while retaining a 300-foot buffer from the Historic Taos Plaza.
Councilors and staff discussed enforcement questions, particularly how to measure odor and how state licensure interacts with local zoning. Town attorney Jessica Nixon and planning staff said an odor-measurement metric such as an “odor unit” standard would require technical expertise before being added to municipal code; Nixon advised caution in writing a metric into ordinance without technical support. Sachs and staff also noted the state still licenses manufacturers and retailers and that local regulation primarily governs where uses are allowed.
Several business operators and employees testified that the 300-foot rule created practical barriers for existing local shops and employees. Steve Weiner, owner of Bighorn Weed, said the separation rule made it difficult or impossible for licensed businesses to obtain manufacturing permissions they need to continue packaging or producing pre-rolls. “Remove the 300-foot separation rule entirely,” Weiner told the council. Planning staff said the change approved by council will allow some existing retail operations to obtain manufacturing licenses in the CBD where zoning permits.
The ordinance also included updated odor-control language requiring operators to apply “all reasonable and technologically feasible measures” to limit off-site odor and kept Class 4 manufacturer restrictions in place for high-risk extraction methods. Councilor Oswald moved to adopt the ordinance with amendments; Councilor Fernandez seconded. The motion passed 4-0 (Council Member Oswald: yes; Council Member Fernandez: yes; Mayor Pro Tem Fambro: yes; Council Member Ortega: yes). Staff and the town attorney will return with the ordinance as codified and with any clarifying annexes for measurement and enforcement.
