[HISTORY: Adopted by the City Council of the City of Socorro 4-15-2019 by Ord. No. 19-03-18. Amendments noted where applicable.]
This chapter may be cited as the "City of Socorro Hemp Production
Ordinance."
All individuals, businesses, agencies, institutions, or other
entities engaged in the production of hemp in the municipal boundaries
of City of Socorro.
To establish rules regulating the licensing of growers producing
hemp in the City of Socorro to support and sustain the growth of hemp
in the City of Socorro as an essential agricultural product.
As used in this section, the following terms shall have the
meanings indicated:
License issued for the production of a single crop that is
destroyed within 240 days of planting.
Individuals, businesses, agencies, institutions, or other
entities that have submitted an application to the City of Socorro.
Documents submitted to the City of Socorro by an applicant
as part of the process for obtaining a hemp production license for
a single location within the municipal boundaries of the City of Socorro.
Normal business hours and days as defined by New Mexico State
University policy.
A plant of the genus Cannabis.
The City of Socorro, a political subdivision of the State
of New Mexico.
License issued for the production of hemp as part of a plant
nursery, greenhouse or similar operation in which viable hemp plant(s)
are produced or present throughout the year in a location.
A planting of one or more hemp varieties within a two-week
contiguous period within a location. Cannabis varieties, not planted
within a two-week period within a location, shall be subject to a
separate license and license fee.
Method approved by the department to ensure nonviability
of a cannabis plant. Methods may include shredding, disking, burning,
or other methods as prescribed by the director.
The plant Cannabis sativa L. that does not produce pollen.
The plant Cannabis sativa L. and any part of the plant, whether
growing or not, containing a delta-9-tetrahydrocannabinol concentration
of no more than .3% on a dry weight basis.
Document issued to an applicant by a duly authorized representative
on behalf of the City of Socorro authorizing a licensee to produce
hemp at a location.
Individuals, businesses, agencies, institutions, or other
entities that possess a valid City of Socorro hemp production license.
One contiguous growing area of any size, or multiple noncontiguous
growing areas, totaling no more than 10 acres, within a 2.5-mile radius.
Noncontiguous growing areas must be owned or leased by a single licensee.
The plant Cannabis sativa L. that produces pollen.
The individual appointed by the City of Socorro to implement
and carry out the duties set forth in this chapter on behalf of the
City of Socorro.
Delta-9 tetrahydrocannabinol.
Cannabis cultivar or strain with known or unknown THC levels.
A.
Annual production license. Applicants cultivating hemp for annual
production shall apply for an annual hemp production license no less
than 10 business days prior to planting of each crop at each location.
The effective date of an application received by the officer shall
be the date postmarked on a properly completed application received
by mail. The effective date of application for documents submitted
in person shall be the actual calendar date the applicant presents
a properly completed application. Incomplete or improperly completed
applications will be identified as invalid by the Officer and returned
to the applicant for completion or correction. A separate application
and application fee are required prior to planting of each new crop
at each location. An annual hemp production license is valid for 255
days after date of issuance, or until crop destruction, whichever
occurs first, for specified cannabis varieties grown annually at the
specified location identified in the application.
B.
Continuous production license. Applicants cultivating hemp for continuous
production and propagation purposes shall apply for a continuous production
license no less than 10 business days prior to planting or prior to
other propagative activities. Applicants producing hemp in continuous
production shall apply for a renewal of their continuous production
license prior to February 1 of each year. A separate application and
application fee are required for each licensed location. Incomplete
or improperly completed renewal applications will be identified as
invalid by the officer and returned to the applicant for completion
or correction. The effective date of a renewal application received
by the officer shall be the date postmarked on a properly completed
application received by mail. The effective date of application for
renewal application, submitted in person, shall be the actual calendar
date the applicant presents a properly completed application. A continuous
production license expires January 31 of each year.
Licensee shall:
A.
Obtain and submit to the officer a valid hemp production license
issued by the New Mexico Department of Agriculture pursuant to NMRA
21.20.2 et seq.;
B.
Submit all required documents by due dates specified by the City
of Socorro;
C.
Not reassign or transfer to another business, location, individual,
or other entity a license;
D.
Destroy male plants or nonfeminized seeds;
E.
Not sell, transport, process, or utilize nonfeminized seeds or plants;
F.
Remit payment to the City of Socorro for fees associated with enforcement
of this rule within 20 calendar days of receipt of notice; and
G.
Follow all state and federal requirements relevant to hemp production.
A.
Fees associated with the application for a license shall include
but not exceed the following stated amounts for each license:
B.
Annual
inspection fees include only the cost of routine inspections and sampling
visits as defined by department policy. Licensee shall be financially
responsible for additional staff time and or fees directed at noncompliance
issues, or additional sampling requirements, or other expenditures
as required by the department and related to compliance requirements
found in this rule and department policy. Reimbursable staff time
or fees may be associated with mileage, per diem, and staff hours,
as allowed by department rule or policy.
A.
The transfer, transportation, sale, processing, utilization, planting
and/or cultivation of seeds or plants of nonfeminized hemp seed is
prohibited.
B.
Licensees are limited to planting and growing female clones or using
feminized seed.
C.
Since it is possible that one of 2,000 feminized seeds can produce
a male plant, licensees are responsible for removing male plants as
soon as they are identified. Male plants present pollen sacs after
several weeks of growth, are tall and slender with few leaves surrounding
the flowers, while female plants are short and stocky with many leaves
at each terminal inflorescence.
D.
Plants with both male and female flowers, developed through breeding
and selection, are prohibited.
E.
Regardless of their plant prorogation strategy environmental stress
may result in a higher concentration of male flowers, particularly
during hot/wet spells, at the commencement of flowering, and nearing
harvest. Accordingly, it is the duty of licensees to monitor their
crop and remove and destroy any male plants immediately upon detection.
See Fig. 1.[1]
[1]
Editor's Note: Figure 1 is included as an attachment
at the end of this chapter.
F.
Any property with more than .05% male to female plant density shall
be prohibited and all hemp plants (the crop) on that property are
required to be immediately destroyed by the license.
G.
As a condition of obtaining a license the licensee consents, agrees
and understands that if he/she fails to immediately destroy the crop
more than .05% male to female plant density the City of Socorro, after
providing 48 hours' notice, is authorized to enter upon the licensee's
land to do so and assess the cost to the licensee.
All locations are subject to inspections by City of Socorro
staff or its authorized agents, without prior notification, to verify
application information and compliance with rule requirements.
A.
Each violation of this chapter, including failure to obtain a City
of Socorro hemp licenses, shall be punishable by a fine of no more
than $500 pursuant to NMSA 1978 § 3-17-1 (1993).
B.
In the event the City of Socorro is required to destroy a crop found to be in violation of § 164-8, above, the reasonable cost destruction shall be assessed to the licensee and owner of the real property. The cost of destruction shall constitute a lien against the real property from which the crop was destroyed. The lien shall be foreclosed in the manner provided in NMSA § § 3-16-1 et seq.
C.
Any violation of this chapter will result in the cancellation of
a license. The applicant may not reapply for another license for a
period of three years or at anytime any assessed cost for destruction
of a crop remains outstanding.
