HOUSE BILL 326

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

James G. Townsend and Candy Spence Ezzell

AN ACT

RELATING TO MEDICAL CANNABIS; PROVIDING FOR LOCAL APPROVAL OF THE PROPOSED LOCATION FOR A LICENSED PRODUCER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 26-2B-1 NMSA 1978 (being Laws 2007, Chapter 210, Section 1) is amended to read:

     "26-2B-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 26, Article 2B NMSA 1978 may be cited as the "Lynn and Erin Compassionate Use Act" in honor of Lynn Pierson and Erin Armstrong."

     SECTION 2. A new section of the Lynn and Erin Compassionate Use Act is enacted to read:

     "[NEW MATERIAL] ISSUANCE OF PRODUCER LICENSE--APPROVAL OF APPROPRIATE GOVERNING BODY.--

          A. On and after July 1, 2016, prior to the approval of the issuance of a new producer license to a person other than a qualified patient for personal production, the secretary of health shall notify the governing body of the municipality or, if not in a municipality, of the county in which the proposed license will be located of the address of the proposed location and of the secretary's intent to approve the issuance of the license for that location. Notice to the governing body shall be by certified mail.

          B. A governing body that has received a notice of the intent to approve the issuance of a license from the secretary of health may, in accordance with the provisions of this section, approve the location for the license or may disapprove of the location and identify available and appropriate locations within its jurisdiction that the secretary of health and the governing body would approve.

          C. Within forty-five days after receipt of a notice of intent to approve from the secretary, the governing body shall hold a public hearing on the question of whether the governing body should approve the proposed location for the issuance of a producer's license.

          D. The governing body shall give notice of the public hearing, as required by Subsection C of this section, and the notice shall:

                (1) be published at least twice, with the initial notice published at least thirty days before the hearing, in a newspaper of general circulation within the territorial limits of the governing body;

                (2) in addition to required print publication, be published on the governing body's website, if the governing body has a website;

                (3) set forth:

                     (a) the date, time and place of the hearing;

                     (b) the name and address of the licensee;

                     (c) the action proposed to be taken by the secretary of health;

                     (d) the licensee's proposed location; and

                     (e) other information as may be required by the secretary of health; and

                (4) be sent by certified mail to the applicant for the producer's license.

          E. The governing body may designate a hearing officer to conduct the hearing. A record shall be made of the hearing.

          F. The governing body may disapprove the location for the license if:

                (1) the proposed location is within an area where the sale of cannabis is prohibited by the laws of New Mexico;

                (2) the proposed location would be in violation of a zoning or other ordinance of the governing body; or

                (3) the proposed location would be detrimental to the public health, safety or morals of the residents of the municipality or county.

          G. Within thirty days after the public hearing, the governing body shall notify the secretary of health as to whether the governing body has approved or disapproved the proposed location for the license. If the governing body fails to either approve or disapprove the proposed location for the license within thirty days after the public hearing, the secretary may give final approval to the issuance of the license.

          H. If the governing body disapproves the proposed location of the license, it shall notify the secretary of health within the time required by Subsection G of this section setting forth the reasons for the disapproval and identifying available and appropriate locations within its jurisdiction that it would approve for the producer's license and that are acceptable to the secretary. A copy of the minutes of the public hearing shall be submitted to the secretary by the governing body with the notice of disapproval. Unless the proposed licensee accepts another location pursuant to Subsection I of this section, if the governing body disapproves of the proposed location of the license, the secretary shall disapprove the issuance of the license. 

          I. If the proposed licensee notifies the secretary of health in writing within thirty days of the notice of the governing body's disapproval that the proposed licensee accepts a location identified by the governing body, the secretary shall approve the license.

          J. If the governing body approves the issuance or transfer of the license, it shall notify the department within the time required by Subsection G of this section of its approval. If the governing body approves of the issuance of the license, the secretary of health shall approve the issuance of the license."

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