Agenda Packets - 2023/08/07 - Laserfiche WebLink

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Honorable Mayor and City Council Members August 7, 2023 Page 3 MU210\317\892841.v2 Apple Valley (bans use both within “Public Place” and “Public Property”): PUBLIC PLACE. Property that is generally open to or accessible by the public, except on those premises licensed by the State of Minnesota to permit on-site consumption. PUBLIC PROPERTY. Property, real and personal, that is owned, managed,or controlled by the City, including, but not limited to: City buildings and all the land thereon, parking lots, parks, golf course, pathways and trails, and city rights-of-way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like. Inver Grove Heights PUBLIC PLACE. Property owned, leased, or controlled by a governmental unit including the City but does not include: (1) a private residence, including the person’s curtilage or yard; (2) private property not generally accessible to the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or (3) the premises of an establishment or event licensed to permit on-site consumption. Public places include but are not limited to: City buildings and all the land thereon, parking lots, golf course, parks, pathways and trails, and city rights-of-way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like. III. Medical Cannabinoid Exemption The 7/31 draft of the ordinance prohibited the use of medical cannabis flower (because it is included in the definition of cannabis flower) and medical cannabinoids (because it is included in the definition of cannabis product) in public places. The 8/7 draft now includes an exemption for the use of medical cannabinoid products used by patients registered with the state medical cannabis program. That language is included below as Option 1. The draft still prohibits the smoking or vaping of medical cannabinoid products in public places, however this language can be amended to allow smoking and vaping of medical cannabinoid products. Option 2 would allow a person registered with the medical cannabis program to use medical cannabis flower or a medical cannabinoid in any approved delivery method, including smoking and vaping. Option 1: Medical Cannabinoid Exemption prohibiting smoking and vaping Use of a medical cannabinoid product, as defined in Minnesota Statues, section 342.01, that meets all requirements under applicable law, by a patient enrolled and registered in the medical cannabis program, is not subject to the prohibition contained in Sec. 133.002. This