By Lynn Janes
The Village of Santa Clara held a public hearing May 15, 2025. Mayor Arnold Lopez called the meeting to order. Mayor Pro Tem Albert Esparza, trustees, Olga Amador, Peter Erickson, and Ralph Trujillo attended.
The purpose of the public hearing was to approve or disapprove of a conditional use permit in the commercial zoning district establishing a cannabis retail dispensary at 511 Fort Bayard Street in Santa Clara.
Lopez said the hearing would also take placce to see if the applicant had met all the requirements.
Nicholas Horner, applicant, had a presentation for the council and residents. He started with some information about himself. He had been born and raised in a small town, a little bigger than Santa Clara. The town had been in Kansas, and he graduated from Wichita State University with a degree in elementary education and moved to Texas right away. He had spent 21 years in the Texas public schools. He obtained his master's and had been certified to be an administrator. He realized that would not be for him. It happened about the same time as covid and at that time New Mexico also flipped from medicinal use of cannabis to full legalization. He had used cannabis at different times in his life, and it had helped him so he thought it would be a perfect opportunity. He had always wanted to be near the Lincoln National Forest or Gila National Forest when he retired.
He took a loan out for the equity in his home and opened the first dispensary in Lovington, New Mexico, right after cannabis had been legalized. Since it had been the first one, he had a lot of pushback, and it had been tough. They had seen Hobbs blow up with dispensaries and worried about having one on every street corner. He now has been in business three years, and they have six total in the town now.
He pointed out they have them in Silver City, Bayard and one in Hurley. He said also San Lorenzo has one.
He has someone in Lovington that will take over and manage that business. He has purchased land at the XYZ Ranch and wants to retire here.
Horner said currently a bill has been put forward to allow cannabis banking to be normalized. Also, they have a bill to make cannabis a schedule 3 which would be the same level as an asthma inhaler. He said these businesses will not be going away and someone would eventually, not like him, but with corporate backing will come.
A lot of time and money has been put into the building by the village. He claimed it would still not be in a safe condition and listed some problems, and it would not be cheap to fix. He had been working with a welder in Silver City to fix the railing. The village had done a lot of work to make the downtown beautiful and he wanted to help improve it, but he had identified a few other places.
Horner said he stood for any questions. Lopez told the council to ask any questions they had.
Amador suggested the industrial park for the business and asked if he would be open to that. It is a total of 13 acres, but he could buy a smaller piece from the village. He said he wanted to be in town. Sheila Hudman, village administrator, said it had been surveyed in smaller parcels and could be sold very reasonably because of the need for infrastructure such as road, electrical, sewer and water. Hudman said she could put him in touch with someone that did modular buildings. Horner said at this point it would be a matter of money because he didn't have a lot.
Horner said some people think if you have a cannabis business you will be rolling in money, and he said he actually makes less than he did as a teacher.
The council all agreed the industrial park would be a better location. Horner would not have any residential area or school close, and he would not have to have a variance. The council asked Horner how he would police the area. They understood he would not have any consumption but how would he control it. Horner said number one thing would be signage. He had not had a problem with people hanging around. He commented most people purchase it and go home and don't want to be seen. "There is still a stigma."
Lopez turned the meeting over to public comment and allotted each person five minutes.
Gene Leyba lives four houses down from the proposed location. "I was born and raised in Central." The school would only be two blocks away and they would be in the area going to the splash park and field trips to the fire department, city hall and post office. "I don't want the increased traffic. This is a unique quiet town and that business needs to be somewhere else." He has grandkids walking around in that area.
Yvonne Esparza said she had also spoken at the last hearing for this business. She read the letter she had submitted last time. It said she had been a resident for 30 years along with her husband, kids and grandkids. She thought moving to Santa Clara would be a good choice because of it being a small community with a hometown feeling. Everyone knows each other and respects each other. Those times had changed. Even now she still felt proud to live in Santa Clara and liked watching it become more beautiful. The village has come together in all departments in a positive way. All have been working to move forward to make the village more beautiful, prosperous and more importantly safe for the residents.
She had also seen how the community has been affected by crime, and she believed it had been because of the use of drugs and associated mental health issues. Because of the size of the community, they see people walking the streets that appear under the influence of drugs, alcohol and possible mental issues. She had seen it with her own eyes. "I know we can't control adults who choose to use." The kids running around maybe at all hours because they come from broken homes or their parents have to work late would be vulnerable.
Esparza said, "We as a village need to come together and agree to make good choices on what we allow and expose in our village." The village can control and take responsibility on what will be allowed that will help keep drugs and drug use from worsening. Many places in the village have been geared towards children and listed the areas and projects coming up. The school location is just two blocks away and would make it easier for the kids to be influenced.
She continued with all the negatives of the business and what could happen. One example given had been the edibles that look like candy. People driving under the influence. The business would be in the heart of the village where kids ride their bikes, go to the splash park, families take walks, elderly park to have friendly conversations. This business would draw people that may have an addiction, mental issue or young innocent kids with a curious mind. "I don't agree with this type of business, and I hope the council takes this letter to heart."
Terri Rico said she has been an educator and has a leadership license in administration. "I am totally against drugs." She didn't see any reason to have this kind of business in the village. A lot of children would be going by there. She had a petition from a lot of residents against it. The streets have been peaceful and truly unique. The tranquility would be threatened by the proposed cannabis store.
Cannabis stores have been related to increased traffic and noise in residential neighborhoods disrupting the peace and quiet aspects. She had obtained this information from research done by Colorado State University. Complaints about traffic and noise increased by 50 percent in neighborhoods where cannabis stores exist. She said it would also pose a risk to the children with underaged use. According to the Journal of Primary Prevention the visibility of cannabis products can increase the use among teenagers which lead to heavier substances. As a teacher in another district, she had seen students wait around a cannabis store and wait for someone to purchase it for them. This would not be seen by anyone taking care of the business inside.
Rico said they were not against the role of cannabis, and it's use for medical and recreational use when regulated correctly. It would be crucial though that these stores would not be in residential areas. She provided a petition from 20 residents against the business. Also, Leyba had 5 signatures.
Rico spoke to the used syringes they find in the town. She finds them in the alleyways and around the church.
Charles Goodyear said he owned multiple properties in Santa Clara. He had some concerns but started with that he has not been against the legalization of cannabis. "I just don't think it belongs here in town." He spoke to the location not being a good place for it. He knew multiple people that felt the same way he did.
He wanted to see Santa Clara have more businesses and revenue. Economic growth would be good but not this business around the kids. His business causes him to deal with dysfunctional people. He agreed with Rico on finding paraphernalia and spoke to the problems legalized cannabis can cause. He felt the industrial park would be a better fit for the business.
Sylvia Sierra had been in Santa Clara her whole life and disagreed with having a cannabis business in the middle of town. "I have grandkids and don't want them walking around this kind of business. Even where she lives, she sees people walking around drugged up, yelling and screaming, and she worries about her grandchildren when they come. The business needed to go someplace else and not in the middle of their town.
Bill Hudman a resident had some statistics he wanted the council to have. According to the FDA 98 percent of the heavy drug users started out with marijuana. This should not be a topic, federal law still lists it as illegal.
Horner had some responses to the public comment. He complimented them for all coming and expressing their concerns in a very respectful way that meant a lot to what the community stood for. "It makes me want to be here more." He told them they would see him somewhere in the area. He spoke to the comment about noise and said the shop would be closed at night. He would not have heavy signage or banners that flap. The signage would be minimal. He spoke to the other signage in the area. He alluded to the brewery and said alcohol has been part of the culture and legal just as cannabis. To pretend it's not legal has been part of the stigma of people needing to hide. "I wish we were more open about these things." He thought they would have fewer people in a zombie state of mind on fentanyl and crystal meth and said he had never seen people on cannabis drugged out. Horner had provided a few studies showing it kept people off those drugs.
Horner spoke to the nationwide problem with drugs and mental issues. Finding needles didn't surprise him. He wished they had more funds to open a rehab center. He said he also has been very against hard drugs and referred to the FDA study Bill Hudman had cited and said it had been done without the consideration of alcohol or cigarettes. The first drugs people start with have been alcohol and cigarettes.
He appreciated the sentiments about the wrong place but said they would be driving by them in Silver City and other places. The packaging of the edibles, a concern of one of the people, has been dictated by the state. It cannot be made to look like kid's candy. Horner pointed out they probably already had one or two homes in the community selling cannabis illegally.
Horner wanted to reemphasize the need for rehab, and it would be hard for the village to offer since they only had gross receipts coming in from three or four businesses. "It is not going away. I know it is frustrating how it's rolled out right now." It would not be stopped or rolled back and would not go away.
Rico wanted to add a quick comment again. She wanted the council to think about the village, residents and kids. She wanted to know if they would have the integrity to stop the, "just accept it, it will be happening soon." In the last meeting she had said they could not control the drug problem whether medicinal or illegal but as a council they could stop and stand for the village or follow Silver City, Bayard and Hurley. "You have to accept it. We don't." She asked if they would be here for the residents or gross receipts. Will the village have integrity and not accept having this kind of business shoved down their throats because it will happen anyway. "I will never accept it as long as I live here. I will keep fighting and ask you to listen because I am worried about the kids, my family and the residents."
Goodyear said he knew people that had done weed their whole life. He had attended school with them. Back then it had been illegal. You can buy it anywhere in New Mexico now or many other states. That will not be the debate the debate will be right here. Those people that have been doing cannabis for years, it damaged them. If someone needed it for medicinal that would be good.
Goodyear questioned if having it next to a federal post office would be a problem.
Geneiva Begay, an abutting neighbor, spoke. She lives across the street from the proposed location of the cannabis business. "I disapprove of this happening." She had already had her home broken into. She continued to speak and give her disapproval and said she spoke for her neighbors also.
Horner said he wanted to be respectful but when people spoke, they must speak for themselves and not others. He said he knew many residents that consumed cannabis. "Please speak just for yourself." Horner said plenty of people in Santa Clara wanted the business and the reason she probably had been broken into would be the dilapidated empty yard next to her. Having someplace occupied makes it safer.
Rico said the signatures she had brought them represented 33 percent of the village. If she had more time she could have obtained more but works full time.
Leyba wanted the council to think about it before they voted. He had lived in the village all his life. He spoke to the kids and their exposure to this business. Did they want the kids riding their bikes, playing at the splash park and walking by it on field trips.
Lopez said before he moved to the mayor's recommendation, he had heard a lot today and appreciated everyone that came to speak and Horner for coming back. He respected what both sides had to say. He had been puzzled by Horner's comments on a rehab; it didn't make sense. He knew they would see these businesses all over. While sitting there he had noticed out the window kids riding their bikes and having fun. He spoke to points made on both sides. He felt they had some really good conversations and thanked everyone for being there and being respectful. He would make his recommendation and then it would be up to the council to make the decision.
Lopez asked if the council had any comments.
Albert Esparza thanked everyone for coming and said it helps them. "It is your voice that we hear." He did add it had not been fair to Horner the comments about syringes and people yelling and screaming down the street. He had not caused that.
Amador had spoken to a lot of people in the last month that had been opposed to this business coming in. The main thing it would be too close to the school.
The biggest concern had been the location.
Horner wanted to know what the process had been like for the brewery to come in. "Were there issues with them as well?" Sheila Hudman said it had not been a problem, but they put the business on the outskirts of town. They limit the intake of alcohol and close at 8:00 pm. Lopez said the limit has been 3 drinks, and they don't open every day. It had been about the location.
Lopez wanted to address one more thing, the gross receipts tax. He had been on the council for four years before becoming mayor. "It has always been a struggle, but we always made it." They had made things work regardless of the fact. "I am not too concerned about the gross receipts it comes and goes. One or two business will not make us or break us."
Lopez listened to both sides and respected both. He said he had a recommendation and would not be voting except in the case of a tie. He recommended it not be approved and explained why he felt they could not give a variance. The full council also voted against the variance.
Meeting Adjourned
