HomeMy Public PortalAbout711 - Interim Ordinance re Cannabis Businesses1
Ordinance 711
July 5, 2023
CITY OF MEDINA
ORDINANCE NO. 711
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND
IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS
BUSINESSES WITHIN THE CITY OF MEDINA
The city council of the city of Medina ordains as follows:
Section 1. Legislative Findings and Authority.
(A) The Minnesota Legislature recently enacted, and the Governor signed, 2023 Minnesota
Session Laws, Chapter 63 – H.F. No. 100 (the “Act”), which is comprehensive legislation
relating to cannabis including, but not limited to, the establishment of the Office of
Cannabis Management (“OCM”), legalizing and limiting the possession and use of
cannabis and certain hemp products by adults, providing for the licensing, inspection, and
regulation of cannabis and hemp businesses, taxing the sale of cannabis flower, cannabis
products, and certain hemp products, establishing grant and loan programs, amending
criminal penalties, providing for expungement of certain convictions, and providing for the
temporary regulation of Edible Cannabinoid Products.
(B) The Act provides local units of government certain authority related to Cannabis
Businesses, including the authority to (i) require local registration of certain Cannabis
Businesses operating retail establishments, (ii) adopt reasonable restrictions on the time,
place, and manner of the operation of Cannabis Businesses, provided that such restrictions
do not prohibit the establishment or operation of a Cannabis Business, (iii) limit the number
of certain Cannabis Businesses based on the population of the community, and (iv) prohibit
the operation of a Cannabis Business within 1,000 feet of a school, or 500 feet of a day
care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
(C) The Act requires the OCM, which was established effective July 1, 2023, to work with
local governments to develop model ordinances for reasonable restrictions on the time,
place, and manner of the operation of Cannabis Businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of Cannabis
Businesses. It is anticipated that the city of Medina (the “City”) will benefit from reviewing
and analyzing the OCM’s model ordinances, rules and regulations before making any
decisions related to the regulation of Cannabis Businesses in the City.
(D) The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of
government that is conducting studies or has authorized a study to be conducted or has held
or scheduled a hearing for the purpose of considering adoption or amendment of reasonable
restrictions on the time, place and manner of the operation of Cannabis Businesses to adopt
an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. The interim
ordinance may regulate, restrict, or prohibit the operation of Cannabis Businesses within
the jurisdiction or a portion thereof until January 1, 2025.
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Ordinance 711
July 5, 2023
(E) Given the uncertainty regarding the model ordinances to be developed by the OCM and
the broad scope of the changes to Minnesota law brought about by the Act, the City desires
to adopt an interim ordinance for the purpose of protecting the planning process and the
health, safety, and welfare of its citizens.
(F) The City desires to conduct a study for the purpose of considering the adoption or
amendment of reasonable restrictions on the time, place and manner of the operation of
Cannabis Businesses as well as the other regulations local units of government may adopt
under the Act.
(G) On July 5, 2023, after providing at least 10 days published notice, the city council held a
public hearing regarding the consideration and adoption of an interim ordinance prohibiting
the operation of Cannabis Businesses within the City until January 1, 2025.
Section 2. Definitions. For purposes of this Ordinance, the following terms shall have the meaning
given them in this section.
(A) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(B) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section 342.01,
subdivision 14.
(C) “City” means the city of Medina, a Minnesota municipal corporation.
(D) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subdivision 1(f).
(E) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
(F) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
Section 3. Study Authorized. The city council hereby authorizes and directs City staff to conduct a
study regarding the adoption or amendment of reasonable restrictions on the time, place, and manner
of the operation of Cannabis Businesses, as well as other potential local regulations allowed under the
Act, and report to the city council on the potential regulation of Cannabis Businesses. The study may
include a review of any model ordinances that OCM is directed to draft under Minnesota Statutes,
section 342.13(d), an analysis of potential setback regulations allowed under Minnesota Statues,
section 342.13(c), and such other matters as staff may determine are relevant to the city council’s
consideration of this matter. The report may also include City staff’s recommendations on whether
the city council should adopt regulations and, if so, the recommended types of regulations.
Section 4. Moratorium. A moratorium is hereby imposed on the operation of any Cannabis Business
within the City. During the term of this Ordinance, no business, person, or entity may establish or
operate a Cannabis Business within the jurisdictional boundaries of the City. Accordingly, during the
period that this Ordinance is in effect, the City shall not accept, process, or act on any application, site
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Ordinance 711
July 5, 2023
plan, building permit, zoning request, or other approval, including any requested confirmation,
certification, approval, or other request from the OCM or other governmental entity requesting City
review of any application or proposal for a business proposing to engage in the operation of a Cannabis
Business. During the term of the moratorium, it is a violation of this Ordinance for any business,
person, or entity to establish or operate a Cannabis Business within the City.
Section 5. Exceptions. The moratorium imposed by this Ordinance does not apply to: (i) the continued
operation of a duly established business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to the effective date
of this Ordinance; or (ii) the sale of Edible Cannabinoid Products, provided, however, that nothing in
this Ordinance exempts a business, person, or entity from complying with all other requirements and
prohibitions of applicable laws and ordinances related to such exceptions. For example, the sale of
Edible Cannabinoid Products is presently prohibited within the City pursuant to Ordinance No. 696.
Section 6. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also enforce
this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent
jurisdiction. A violation of this Ordinance is also subject to the City’s general penalties prescribed in
the city code and may further result in the City reporting violations to the OCM, if relevant to OCM
licensing. The city council hereby authorizes City staff and consultants to initiate any legal action
deemed necessary to secure compliance with this Ordinance.
Section 7. Severability. Every section, provision, and part of this Ordinance is declared severable
from every other section, provision, and part. 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 become effective on the first day of
publication after adoption. This Ordinance shall remain in effect until January 1, 2025 or until the
city council expressly repeals it, whichever occurs first.
Adopted this 5th day of July, 2023.
BY THE CITY COUNCIL
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Caitlyn Walker, City Clerk
Published in the Crow River News on the 13th day of July, 2023.