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Home My WebLink About#29 - Cannibis RegulationsSTAFF REPORT DATE: 08/15/2023 REGULAR MOTION TO: City Council FROM: Sophia Jensen, City Planner AGENDA ITEM: Regulation of Cannabis Products in Public Places REVIEWED BY: Rebecca McGuire, Deputy City Clerk Julie Johnson, City Clerk INTRODUCTION: In May 30, 2023, Governor Walz signed into law House File 100 relating to the possession, sale, and adult use of cannabis. The Act establishes the Office of Cannabis Management (“OCM”). The OCM will create regulations and issue licenses for businesses that wish to sell cannabis products. The OCM is expected to be up and running in 2024. House File 100 also authorizes local units of government to adopt ordinances establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in certain public places At a minimum, and until the OCM provides additional regulations, the City of Lake Elmo is looking to take a proactive approach and create regulations around cannabis use in public places. These changes are to be similar to existing alcohol regulations. Cannabis use in public places can pose a health and safety hazard for youth or vulnerable adults. ISSUE BEFORE THE CITY COUNCIL: Should the City adopt ordinance regulating the use of cannabis products in public places? ANALYSIS: ARTICLE 9.32 I PUBLIC PARKS 9.32.085 Cannabis and Hemp Prohibited (a) Definitions. (1) For purposes of this article, the terms “cannabis flower,” “cannabis products,” “lower-potency hemp edibles,” and “hemp-derived consumer products” shall have the definitions given to them in Minnesota Statutes, section 342.01, as it may be amended from time to time. (2) For purposes of this article, “public place” is defined as any indoor or outdoor area that is used or held out for use by the public whether owned or operated by public or private interests. Pursuant to Minnesota Statutes, section 152.0263, subd. 5, “public place” does not include the following: (i) a private residence, including the person's curtilage or yard; (ii) private property not generally accessible by the public; and (iii) the premises of an establishment or event licensed to permit on-site consumption of cannabis 2 flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. (b) Use of cannabis and hemp prohibited in public places. No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place (c) Penalty. A violation of this section shall be considered a petty misdemeanor notwithstanding any other penalty provision in the city code. PUBLIC COMMENT A public noticed was published in the City’s FRESH weekly newsletter on August 4th and 11th 2023. FISCAL IMPACT: Fees incurred from violations. OPTIONS • Approve the proposed ordinance • Amend the proposed ordinance • Deny the proposed ordinance RECCOMENDATION Staff recommends that the City Council approve the proposed ordinance and fee as presented. “Move to adopt Ordinance 2023-18, enacting regulations on cannabis product use in public places and a fee for public cannabis use violations” AND “Move to adopt summary of publication of Ordinance 2023-18, with approval of Resolution No 2023-080 ATTACHMENTS: • Ordinance No. 2023-18 • Resolution No. 2023-080 1 CA430-5-887118.v1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2023-18 AN ORDINANCE AMENDING CHAPTER 9 OF THE LAKE ELMO CITY CODE TO PROHIBIT THE USE OF CANNABIS AND HEMP IN PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. The City Council of the City of Lake Elmo hereby supplements Chapter 9 of the Lake Elmo City Code by adding a new article under 9.32 as follows: ARTICLE 9.32 PUBLIC PARKS 9.32.085 Cannabis and Hemp Prohibited (a) Definitions. (1) For purposes of this article, the terms “cannabis flower,” “cannabis products,” “lower-potency hemp edibles,” and “hemp-derived consumer products” shall have the definitions given to them in Minnesota Statutes, section 342.01, as it may be amended from time to time. (2) For purposes of this article, “public place” is defined as any indoor or outdoor area that is used or held out for use by the public whether owned or operated by public or private interests. Pursuant to Minnesota Statutes, section 152.0263, subd. 5, “public place” does not include the following: (i) a private residence, including the person's curtilage or yard; (ii) private property not generally accessible by the public; and (iii) the premises of an establishment or event licensed to permit on-site consumption of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. (b) Use of cannabis and hemp prohibited in public places. No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place. (c) Penalty. A violation of this section shall be considered a petty misdemeanor notwithstanding any other penalty provision in the city code. SECTION 2. This ordinance shall take effect on August 15th, 2023, after its passage and publication in accordance with state law. Adopted by the Lake Elmo City Council this 15th day of August, 2023. 2 CA430-5-887118.v1 _______________________________ Charles Cadenhead, Mayor Attest: ___________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2023-080 RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2023-18 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2023-18, an ordinance that enacts regulations on cannabis product use in public places and a fee for public cannabis use violations. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 2023-18 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 2023-18, an ordinance that amends the language in Chapter 9 of the City Code. This ordinance adds language prohibiting the use of cannabis products in public places. The full text of Ordinance No. 2023-18 is available for inspection at Lake Elmo City Hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 15, 2023 ___________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL)