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.
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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.