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HomeMy Public PortalAbout718 - Ordinance Prohibiting the Sale of Edible Cannabinoid ProductsOrdinance No. 718 1 October 3, 2023 CITY OF MEDINA ORDINANCE NO. 718 AN ORDINANCE PROHIBITING THE SALE OF EDIBLE CANNABINOID PRODUCTS UNDER MINNESOTA STATUTES, SECTION 151.72 WHEREAS, Minnesota Statutes, section 151.72 (“Section 151.72”) authorizes the retail sale of edible cannabinoid products, as that term is defined therein; and WHEREAS, on November 1, 2022, the City of Medina (the “City”) adopted Ordinance No. 696, which established a one-year moratorium on the sale of edible cannabinoid products in the City and further authorized a study to determine how the City should regulate such products; and WHEREAS, Ordinance No. 696 became effective on November 17, 2022 following its passage and publication in the City’s official newspaper; and WHEREAS, in May of 2023, the Minnesota Legislature enacted, and the Governor thereafter 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 Minnesota Office of Cannabis Management (the “OCM”), legalizing and limiting the sale, possession and use of cannabis and certain hemp products, providing for statewide licensing and regulation of cannabis and hemp businesses by OCM, 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, by way of an amendment to Section 151.72, providing certain temporary regulations relating to the unlicensed retail sale of edible cannabinoid products; and WHEREAS, the Act provides that the OCM, upon formation and eventual operation and rulemaking, will regulate and license cannabis and hemp retail establishments that sell the various products regulated under the Act via Minnesota Statutes, chapter 342, including, but certainly not limited to, products that presently may be sold under Section 151.72 without OCM licensure; and WHEREAS, the retail sale of edible cannabinoid products in the City under Section 151.72, prior to the commencement of a comprehensive statewide regulatory scheme and uniform licensing program administered by the OCM, will have drastic effects on the community due to the limited regulatory oversight, including on those who use the products as well as those who are affected by the actions of such users; and WHEREAS, such retail sales and the availability of edible cannabinoid products in the community, especially absent more comprehensive regulation and licensure under chapter 342, will impose an unnecessary burden on City resources, including its already limited law enforcement resources; and WHEREAS, Section 151.72 does not expressly prohibit or limit local regulation of edible cannabinoid products that are authorized for retail therein, and furthermore, the temporary Ordinance No. 718 2 October 3, 2023 regulations established in Section 151.72, which are scheduled to automatically repeal on March 1, 2025, clearly do not constitute the Legislature having occupied the field of regulation regarding the sale of edible cannabinoid products; and WHEREAS, additionally, the Medina City Council is authorized, under Minnesota Statutes, section 412.221, subdivision 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 property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare”; and WHEREAS, based on the recitals contained herein, which are hereby adopted as factual findings of the Medina City Council, it is determined to be in the best interests of the City and its residents that a prohibition on the sale of edible cannabinoid products in the City under Section 151.72 be implemented to ensure that such products are not sold in the City unless and until they are regulated via OCM licensure and otherwise operate in accordance with all applicable state and local regulations, as contemplated under the Act. NOW, THEREFORE, the City Council of the City of Medina ordains as follows: SECTION I. Chapter 6 of the Medina City Code is hereby amended by adding a new section 650 as follows: CHAPTER 6 BUSINESS REGULATIONS AND LICENSES 650. EDIBLE CANNABINOID PRODUCTS Section 650.01. Retail Sale Prohibited. The retail sale of edible cannabinoid products, to the extent authorized under Minnesota Statutes, section 151.72, is hereby prohibited in the city. Nothing contained in this Section 650 shall be interpreted or construed to prohibit the sale of any product pursuant to Minnesota Statutes, chapter 342, including, but certainly not limited to, lower- potency hemp edibles, provided that such sales are made in strict compliance with said chapter 342 and all other applicable state and local laws. Section 650.03. Violations. Any violation of this Section 650 shall be considered a misdemeanor, and the city may also enforce this section by mandamus, injunction, or other appropriate civil remedy, in law or equity, in any court of competent jurisdiction. A violation of this Section 650 is also subject to the city’s general penalties prescribed in the city code and may further result in the city reporting such violation to the Minnesota Office of Cannabis Management (“OCM”), if deemed relevant to OCM licensing. Additionally, a violation of this Section 650 by an establishment licensed by the city to conduct any bona fide business endeavor shall subject said establishment to suspension or revocation of any city-issued business license, including, but certainly not limited to, any city-issued liquor license. Any such license suspension or revocation shall be implemented in accordance with applicable city procedures. Ordinance No. 718 3 October 3, 2023 Section 650.05. Repealer. This Section 650 shall automatically repeal upon the repeal of Minnesota Statutes, section 151.72, which is currently scheduled for March 1, 2025. Upon such repeal, this entire Section 650 shall no longer be effective and, accordingly, shall be removed from the Medina City Code. SECTION II. Upon the effective date of this Ordinance, Ordinance No. 696, An Interim Ordinance Authorizing a Study and Imposing a Moratorium on the Sale of Edible Cannabinoid Products, shall be repealed in its entirety. SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 3rd day of October, 2023. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Caitlyn Walker, City Clerk Published in the Crow River News on the 12th day of October, 2023.