Council approves cannabis courier ordinance
By Molly Ann Howell
Managing Editor
When Mikkicee Manning approached the City of Gallup about obtaining a license so that her business Call Me Crazy Dispensary could start delivering its products to customers’ front doors about a year ago, she got quite a shock.
City staff informed her that the city didn’t have an ordinance for cannabis courier services.
Upon hearing this, Manning got to work with city staff, and now, a year later, she and the Planning and Development Director C.B. Strain went in front of the city council at their Aug. 26 meeting to present the ordinance. After some heated discussions, the motion was tabled, but ultimately approved at the Sept. 9 council meeting.
The ordinance requires a business to be an established cannabis sales business before starting a courier service, and the service would serve as an accessory to the business.
In a September 2024 council meeting in which the issue was first discussed, Strain compared it to a restaurant asking to add a bar to their establishment.
The new ordinance states that cannabis couriers can only transport cannabis products from the hours of 10 am to 12 am Monday through Saturday and 12 pm to 12 am on Sundays.
After hearing feedback from the councilors at the Aug. 26 meeting, Strain and Manning redrafted the ordinance. They changed the hours of operation, limiting them to 9 am to 12 am Monday through Saturday and 12 pm to 9 pm on Sundays.
They also added that all vehicles used for cannabis delivery must be equipped with GPS tracking devices to ensure all deliveries are monitored and tracked.
Cannabis products can only be delivered to residential spaces. Per the ordinance, delivering to hotel or apartment lobbies and other public spaces is prohibited. Also, cannabis products can’t be delivered within 300 feet of a school.
Councilor Sarah Piano, Dist. 3, asked how licenses are checked during delivery.
Strain explained that state law already requires strict controls. Orders must be placed and paid for before delivery, and products are tracked from the point of sale to the destination. Delivery vehicles cannot display identification or use uniforms.
Customers must present a valid government-issued ID, and if applicable, a medical cannabis program registry card at the time of deliveries.
Deliveries may only be made to the address on the order or on a patient or caregiver’s medical cannabis card.
Whoever is receiving the order must be home. People can’t ask a friend, neighbor, or family member to accept the order on their behalf.
VOICING THEIR DISAPPROVAL
As he presented the updated ordinance, Strain reminded the council that they couldn’t really say “no” to the cannabis courier service, as state law legalized it. Instead, the ordinance gives the council a chance to apply their own restrictions.
Under New Mexico law, courier services are already legal for both recreational and medical marijuana. Adults 21 and older may receive deliveries of up to two ounces of cannabis, 16 grams of extract, and 800 milligrams of edibles, while medical patients may not exceed eight ounces in a 30-day period.
Gallup resident Lynn Huenemann spoke up during the meeting, voicing his disapproval of cannabis couriers.
He referenced a study done by the University of Colorado in which the effects of cannabis on 1,000 young adults aged 22 to 36 were studied. Using brain imaging technology, the researchers found that 63% of heavy lifetime cannabis users exhibited reduced brain activity during a working memory task, while 68% of recent users also demonstrated a similar impact.
When councilors reminded Huenemann that couriers are already legal in New Mexico, he called for action.
“Then I think the next step on behalf of the community and the schools is for the city council to fight with the state.”
Councilor Linda Garcia, Dist. 1, responded to Huenemann by telling him that the councilors’ hands were tied on the matter.
“I don’t like it either, personally, but I’m not here personally, I’m here as a councilor saying that at least it will be regulated and controlled,” she said.
In a joint statement released Sept. 2, Hozho Academy and Gallup-McKinley County Schools voiced their concerns about the city allowing cannabis deliveries, and making the products easily accessible to students.
“The rampant availability and marketing of items containing cannabis to school-age students can evade detection,” the educational entities stated. “We must act now to prevent these items from being sold to or accessed by our students.”
Manning responded to the schools’ statement with one of her own, which she posted on her personal Facebook page.
“I understand the concern for student safety regarding cannabis delivery,” she said. “At CMC Cannabis Dispensary, we prioritize education, responsible practices, and community well-being. As a licensed cannabis establishment, we adhere to strict state laws and regulations, ensuring public safety and compliance.”
During the Sept. 24, 2024 council meeting, in which Manning first approached the councilors about creating an ordinance, she assured the council that kids’ safety is CMC’s top priority.
“We believe in keeping all of our kids safe,” she said. “I do have my own child, but she’s never around any of this business. … I want to keep it out of children’s hands. I want to keep it out of the public view.”
Manning and City Attorney Dave Eason also warned that not allowing the legitimate cannabis business to deliver their product may only lead to a rise in black market activity.
“We can work with the legitimate market, cooperate with it, create an acceptable regulatory framework and engage in essentially give-and-take with that,” Eason said. “That will empower the legitimate market and participants in that market will then be encouraged and you are free to cooperate with us in trying to suppress the black market.”
He also noted that if the city tries the ordinance out for a while and they ultimately determine that something needs to be added or subtracted to it, they can do that down the road.
When it came time to vote, the ordinance was approved by three councilors and the mayor. Councilor Ron Molina, Dist. 4, wasn’t there because he was ill with Covid at the time, but in an interview with the Sun after the meeting he said he would’ve voted “no.”
Meanwhile, before he cast his vote of approval, District 2 Councilor Michael Schaaf spoke up about his feelings on the vote.
“It’s a hard decision,” he said. “It goes against what I believe … I’ll say yes.”
