[HISTORY: Adopted by the Board of County Commissioners of
Otero County 7-11-2019 by Ord. No. 19-05. Amendments noted where applicable.]
STATE LAW REFERENCES
Municipal liens — See NMSA 1978, § 3-36-1
et seq.
Counties; powers; ordinances — See NMSA 1978,
§ 4-37-1 et seq.
Cannabis Regulation Act — See NMSA 1978, § 26-2C-1
et seq.
This chapter shall be known and may be cited as the "Otero County
Hemp Production Ordinance."
This chapter shall apply to all individuals, businesses, agencies,
institutions, or other entities engaged in the production of hemp
in the unincorporated areas of Otero County.
The purpose of this chapter is to establish rules prohibiting
the use of nonfeminized hemp seeds or hemp plants in Otero County
to support and sustain the growth of hemp in the County as an essential
agricultural product.
As used in this chapter, the following terms shall have the
meanings indicated:
A plant of the genus cannabis.
Planting of one or more hemp varieties within a contiguous
or noncontiguous area.
The County of Otero.
The method approved by the New Mexico Department of Agriculture
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 0.3% on a dry weight basis.
The plant Cannabis sativa L. that has both male and female
sex organs and/or properties.
A document issued to an applicant by the New Mexico Department
of Agriculture authorizing a licensee to produce hemp at a location.
Individuals, businesses, agencies, institutions, or other
entities that possess a valid hemp production license issued by the
New Mexico Department of Agriculture.
One contiguous growing area of any size, or multiple noncontiguous
growing areas, totaling no more than 10 acres, with 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.
Delta-9-tetrahydrocannabinol.
A licensee shall:
A.
The transfer, transportation, sale, processing, utilization, planting
and/or cultivation of seeds or plants of nonfeminized hemp seed are
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 sacks after
several weeks of growth and 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 propagation 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 and/or hermaphrodite plants immediately
upon detection.
F.
Any property with more than 0.05% 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 licensee.
G.
As a condition of cultivating in the County of Otero, the licensee
consents, agrees and understands that if he/she fails to immediately
destroy the crop with more than 0.05% male-to-female plant density,
the County of Otero, 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 County staff or
its authorized agents, without prior notification, to verify compliance
with rule requirements.
A.
Each violation of this chapter shall be punishable by a fine of no
more than $300 pursuant to NMSA 1978, § 4-37-3.
B.
In the event the County of Otero is required to destroy a crop found
to be in violation of this chapter, the reasonable cost destruction
shall be assessed to the licensee and owner of the real property from
which the crop was destroyed. The lien shall be foreclosed in the
manner provided in NMSA 1978, § 3-36-1 et seq. and NMSA
1978, § 4-37-1 et seq.
If any article, section, subsection, paragraph, sentence, clause,
phrase, provision or portion of any article, subsection, paragraph,
sentence, clause, phrase or provision in this chapter is, for any
reason, held to be unconstitutional, invalid or void, the remaining
portion shall not be affected since it is the express intention of
the Otero County Board of County Commissioners to pass such article,
section, subsection, paragraph, sentence, clause, phrase or provision
and every part thereof separately and independently from every other
part.