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Residents present petition and commissioners weigh legal limits of a cannabis moratorium
Summary
Residents delivered a 357‑signature petition asking Torrance County to impose a moratorium on cannabis grow farms. County Attorney warned of takings and liability; commissioners directed staff to pursue zoning changes and seek enforcement guidance from state and federal authorities.
A group of Torrance County residents presented a petition with 357 registered‑voter signatures asking the commission to impose a temporary moratorium on approval of cannabis grow farms while the county reviews zoning, water regulation and state cannabis rules.
“All signers are registered voters in Torrance County,” petitioner Lisa Gardener said as she handed the petition to the Commission and asked the county to withhold signers’ addresses for security. Clayton Gardner urged a local zoning fix so conditional uses for greenhouse or hoop‑house operations must proceed through Planning & Zoning. Petitioners also urged residents to press the governor and state Cannabis Control for statewide changes.
County Attorney Michael I. Garcia cautioned that a local moratorium carries legal risks. “A moratorium is a pause that's put on in the land use context for a specific use of land,” Garcia said, noting potential constitutional takings claims and the financial exposure counties can face in land‑use litigation. Sheriff David Frazee said criminal enforcement options are limited absent clear statutory authority; he described enforcement of permit violations as primarily civil unless prosecutorial guidance exists.
Commissioners discussed options that would have the county treat hoop houses and greenhouses as special‑use zoning items that must go through Planning & Zoning, change permitting language to be neutral with respect to crop type, and seek written enforcement commitments from state police or federal partners. Commissioner Samuel Schropp said he has been coordinating with the City, CCD, the Office of the State Engineer and the Attorney General's office to identify statutory tools and urged constituents to send suggestions to their state representatives.
No moratorium was enacted at the Sept. 11 meeting. Commissioners directed the County Attorney to contact state entities and return with clear options and written responses about which agencies will assist enforcement by the next meeting.
