Lighting Up, Limited
bars. Smoking isn’t allowed outdoors, and can only be done in areas that occupy standalone buildings from which smoke doesn’t infiltrate other indoor places. As of presstime, the county hadn’t received any applications. The absence of consumption areas leaves tourists especially restricted. Most hotels in town won’t make special accommodations for cannabis, says Jeff Mahan, executive director of the Santa Fe Lodgers Association. “From what I can tell, nobody really has any plans to do anything,” Mahan says, adding was in the driver’s seat, that might change it that most rooms are already non-smoking. “I dramatically because they’re in control of the think everybody’s just kind of sitting back, car, which could then turn into a dangerous seeing what happens. We do have friends to situation because they’re driving.” the north [in Colorado] and they kind of said Other states that have legalized cannabis it’s not too big of an issue for them. You know, spell out whether use in vehicles is restrictthey don’t know if somebody gets in their car ed. In Colorado, for example, neither drivers in the parking lot and puffs.” nor passengers are allowed to use cannaAirbnb doesn’t seem to be a better option bis in a vehicle, regardless of whether it’s for interested tourists. parked. New Mexico’s legalization A recent search of listings scheme doesn’t include any such available in April shows only one provision. property in the city that allows What’s also murky is that smoking, but that was an error, the while overall arrests have sighost writes to SFR. In fact, smoking nificantly declined in states that any substance isn’t allowed at that have legalized recreational canproperty. nabis, racial disparities in reAsked if the scarcity of smokmaining enforcement persist, as ing destinations could have a negdetailed in a 2020 report from ative impact on tourism, Randy the American Civil Liberties Randall, head of the city’s tourism Union. New Mexico isn’t likely to division, says he doesn’t think so, be an outlier. mostly because arts, culture and Offering an option other than other offerings are what bring peoprivate residences, state law alple to Santa Fe. lows for smoking in designated “Texas doesn’t have cannabis consumption areas. Businesses yet, so just like they come in for must secure state licensure for gaming, they’ll come in for cansuch areas before they can serve nabis, the same way New Mexico cannabis products to customwent to Colorado,” Randall tells ers. (No consumption areas have SFR. “My thinking at this stage been licensed anywhere in the is that it was important for New The Santa Fe City Council voted in 2017 to ban smoking on state, Cannabis Control Division Mexico to be in that game, but I the Plaza, including cigarettes, pipes “or any other device that spokeswoman Heather Brewer don’t think it’s going to be a major produces smoke.” tells SFR.) draw for Santa Fe.”
B Y B E L L A D AV I S t i p s @ s f r e p o r t e r. c o m
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tarting in April, adults 21 and over can walk into dispensaries across New Mexico and purchase cannabis. Simple enough. But figuring out where in Santa Fe it’s permissible to consume those purchases is far from simple, particularly for those looking to smoke. It boils down to this: Private residences are the only real option, unless you want to risk fines. First off, the Cannabis Regulation Act prohibits smoking cannabis in public, so forget about lighting up on the sidewalk, which comes with a $50 civil penalty. And even if it weren’t for the prohibition, city officials banned smoking at one of Santa Fe’s most iconic locations, the Plaza, nearly five years ago. Smoking in a parked car likely isn’t a good bet, either. Santa Fe police Capt. Matthew Champlin tells SFR enforcement “would be based on the facts of that particular case” when asked about the department’s procedure for such a scenario. “Let’s say it was Walmart and somebody was sitting inside of their car,” Champlin says. “The car isn’t on, maybe they’re a passenger and they’re smoking marijuana. I believe that’s a civil citation for smoking in public… If the car was running and that individual
BELLA DAVIS
Where in Santa Fe can you smoke weed? For now, you’re safest staying at home
The City of Santa Fe doesn’t have an ordinance on the books permitting consumption areas, and it seems that won’t change anytime soon. Land Use Director Jason Kluck says if a city councilor came to the department tomorrow and expressed interest in introducing legislation dealing with the issue, it would likely take staff six months to work through all the details. “There’s a public health component along with the economic benefit,” Kluck tells SFR. “If legislation does move forward, I think it’ll have to take into consideration both of those aspects.” Kluck points out that municipalities aren’t obligated to allow consumption areas, though local governments would have to enact a rule prohibiting such areas, Brewer says. Santa Fe County passed rules for consumption areas last July. Such areas that are open to non-patients are treated the same as
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