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C H A R T E R Eā‘ <br />DATE: August 7, 2023 <br />Fifth Street Towers <br />150 South Fifth Street, Suite 700 <br />Minneapolis, MN 55402 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br />Affirmative Action, Equal Opportunity Employer <br />MEMORANDUM <br />TO: Honorable Mayor and City Council Members <br />CC: Nyle Zikmund, City Administrator <br />Brian Beeman, Assistant City Administrator <br />FROM: Scott J. Riggs, City Attorney <br />Joseph L. Sathe, Assistant City Attorney <br />RE: Prohibiting Use of Cannabis and Hemp in Public Places ā€” Updated Ordinance <br />The purpose of this memo is to provide an explanation of the proposed ordinance prohibiting use <br />of cannabis and hemp products in public places and provide an overview of the two requests from <br />the City Council at the meeting on July 31, 2023: 1) examples of other cities' definition of "public <br />place"; and 2) the inclusion of an exemption for certain products related to the medical cannabis <br />program. <br />I. Background <br />The Cannabis Act legalizes the possession and use of cannabis flower and cannabis products on <br />August 1, 2023, meaning personal possession and use are generally no longer illegal under <br />Minnesota law. <br />The Cannabis Act makes use of cannabis illegal when operating a motor vehicle and at the <br />following locations: public school or charter schools and buses; state correctional facilities; in a <br />location where the smoke, aerosol or vapor from the use of cannabis could be inhaled by a minor; <br />on federal property; and smoking or vaping with in a multifamily housing building. Additionally, <br />owners of day care must disclose to parents if the proprietors permit use of cannabis outside of <br />normal business hours. <br />II. Definition of Public Place <br />In addition to the statewide prohibitions listed above, the Cannabis Act allows a local unit of <br />government to prohibit use of cannabis flower, cannabis products, lower -potency hemp edibles, or <br />hemp -derived consumer products in a public place and allows the local unit of government to <br />define what constitutes a "public place." <br />MU210\317\892841.v2 <br />