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CITY OF MEDINA
ORDINANCE NO. 696
An Interim Ordinance Authorizing a Study and
Imposing a Moratorium on the Sale of Edible Cannabinoid Products
The city council of the city of Medina ordains as follows:
Section 1. Legislative Findings and Authority
(A) There is a great deal of uncertainty regarding the effect of Minnesota Laws 2022,
Chapter 98 amending Minnesota Statutes, section 151.72 (the “Act”), which
expressly allows the sale of edible cannabinoid products, as that term is defined
therein.
(B) Because the proposal to allow the sale of edible cannabinoid products received little
publicity until after the Act went into effect on July 1, 2022, the city of Medina (the
“City”) did not have an opportunity to fully study or consider the potential impacts
of the Act or engage in policy discussions regarding the potential regulation of the
sale of edible cannabinoid products in the City.
(C) Although the Minnesota Board of Pharmacy is authorized to enforce the Act, the
Act does not provide for any state-level licensing of businesses that manufacture or
sell edible cannabinoid products. The Act is also silent regarding the enactment of
local regulations related to edible cannabinoid products.
(D) The Act does not expressly prohibit or limit local regulations of edible cannabinoid
products. Additionally, the regulations established in the Act clearly do not
constitute the Legislature having occupied the field of regulation regarding the sale
of edible cannabinoid products.
(E) The city council finds that the uncertainties associated with the sale of edible
cannabinoid products, as well as the options for local regulation, strongly suggest
the need for a study to develop information the city council may use related to
potential local regulation of the sale of edible cannabinoid products through the
adoption of licensing or zoning controls.
(F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the city council
is authorized to adopt an interim ordinance “to regulate, restrict, or prohibit any use
. . . within the jurisdiction or a portion thereof for a period not to exceed one year
from the date it is effective.”
(G) The city council is also authorized, under Minnesota Statutes, section 412.221, subd.
32, “to provide for the government and good order of the city, the suppression of
vice and immorality, the prevention of crime, the protection of public and private
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property, the benefit of residence, trade, and commerce, and the promotion of health,
safety, order, convenience, and the general welfare.” Pursuant to its general police
power authority, the city council may, for example, adopt business licensing
requirements related to the sale of edible cannabinoid products.
(H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819
(Minn. 1976) upheld the enactment of a moratorium despite the lack of express
statutory authority as being a power inherent in a broad grant of power to
municipalities. The enactment of business licensing requirements, for example, is
based on a city’s police powers, which is the broadest grant of power to cities.
Inherent in that broad grant of authority is the power to place a temporary
moratorium on a particular business activity to study and potentially implement
regulations on that business activity.
(I) There are both licensing and zoning issues associated with the sale of edible
cannabinoid products. The city council determines that it needs time to study the
matter and to consider the development and adoption of appropriate local
regulations. To protect the planning and decision-making process and the health,
safety, and welfare of the residents while the City conducts its study and the city
council engages in policy discussions regarding possible regulations, the city council
determines it is in the best interests of the City to impose a temporary moratorium
on the sale of edible cannabinoid products.
Section 2. Definition. For the purposes of this ordinance, the term “edible cannabinoid product”
has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c), as
recently amended by the Act and as may be amended from time to time.
Section 3. Study. The city council authorizes and directs City staff and consultants to conduct a
study regarding edible cannabinoid products and provide a report to the city council on the
potential regulations relating to the sale of such products in the community. The report shall
include recommendations on whether the city council should adopt regulations and, if so, the
recommended types of regulations. The study shall consider, but is not limited to, the following:
(i) the potential impacts of the sale of edible cannabinoid products within the City; (ii) licensing
the sale of edible cannabinoid products and related regulations; and (iii) zoning regulations related
to the sale and distribution of edible cannabinoid products.
Section 4. Moratorium. A moratorium is hereby imposed within the City regarding the sale of
edible cannabinoid products. No business, person, or entity may sell edible cannabinoid products
to the public within the jurisdictional boundaries of the City during the period that this ordinance
is in effect. The City shall not accept, process, or act on any application, site plan, building permit,
or zoning or other approval for a business proposing to engage in the sale of edible cannabinoid
products during the period that this ordinance is in effect.
Section 5. Exceptions. The moratorium imposed by this ordinance does not apply to the sale of
medical cannabis or hemp products that were lawful to sell prior to the effective date of the Act.
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Section 6. Enforcement. Violation of this ordinance is a misdemeanor. In addition, the City
may enforce this ordinance by mandamus, injunction, or other appropriate civil remedy in any
court of competent jurisdiction.
Section 7. Severability. Every section, provision, and part of this ordinance is declared severable
from every other section, provision, and part of this ordinance. If any section, provision, or part
of this ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not
invalidate any other section, provision, or part of this ordinance.
Section 8. Effective Date and Term. This ordinance shall take effect and be in full force from
and after its adoption and publication, as provided by law. This ordinance shall remain in effect
for one year after its effective date or until the city council expressly repeals it, whichever occurs
first.
Adopted this 1st day of November, 2022.
BY THE CITY COUNCIL
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Scott T. Johnson, City Administrator
Published in the Crow River News on the 17th day of November, 2022.