Laserfiche WebLink
www.publichealthlawcenter.org 23Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers <br />Prohibiting Free Samples and the Sampling of Approved Products in Retail Settings <br />Under Minn. Stat. § 342.46, subd. 7, lower-potency hemp edible retailers are prohibited from <br />distributing or allowing free samples of lower-potency hemp edibles, except when the business is <br />licensed to permit on-site consumption and samples are consumed within its licensed premises. A <br />provision prohibiting all samples would be more protective of public health than state law. <br />State law also prohibits cannabis retailers from “giving away” cannabis products. (342.09, subd. <br />1 (b)(8)) While it is unclear whether this provision in state law prohibits giving away products for <br />a nominal cost, as well, local jurisdiction can make clear that no samples are allowed with the <br />provision included in this model ordinance. <br />(N) Smoking prohibited. Smoking is prohibited within the indoor area of any registered retail <br />establishment. <br />(O) On-site consumption prohibited. No registered retail establishment may allow on-site <br />consumption of lower-potency hemp edible products on the premises. <br />(P) Sale of other products. Registered cannabis retail businesses and medical cannabis <br />combination businesses are limited to selling only the products allowed under Minn. Stat. § <br />342.27 subd. 3 as amended from time to time. The sale of any products other than approved <br />products by registered retailers must comport with all requirements of state law. <br />(Q) Child-resistant packaging. All sales of any approved products and medical cannabinoid <br />products must be packaged in child-resistant packaging. Upon request by the city, a registered <br />retail establishment must provide a copy of the certificate of compliance or full laboratory <br />testing report for the packaging used. <br /> Provisions that exceed state law <br />Note <br />Cannabis retailers are limited in the products they are allowed to sell under state law. (Minn. <br />Stat. § 342.27, subd. 3) Limiting the availability and exposure to lower-potency hemp edibles to <br />cannabis retailers would reduce youth access and would reduce exposure and marketing of the <br />products at the point of sale. <br />September 2024