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www.publichealthlawcenter.org 28Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers <br />Penalizing Underage Purchase, Use, and Possession and the Use of False Identification <br />This model ordinance does not include penalties for underage Purchase, Use, and Possession <br />(PUP) nor penalties for the use of false IDs for the following reasons. At its core, a point-of-sale <br />ordinance is intended to regulate the behavior of retailers. Penalizing underage persons detracts <br />from the focus of the retailer regulations and siphons enforcement resources away from the <br />retailers to young consumers, many of whom may struggle with addiction, substance abuse, and <br />mental health issues. There is no strong evidence to support an assertion that PUP penalties <br />are effective in significantly reducing youth use of these products. And while the cannabis and <br />consumer hemp industries are fairly new, especially in Minnesota, PUP laws were historically <br />lobbied for by the commercial tobacco industry to punish youth users while the industry <br />simultaneously targeted, and continues to target, youth to replace an older, sicker, and dying <br />customer base and maintain profits. <br />Section 12. Violations, Penalties, and Administrative Hearings. <br />(A) Violations. <br />(1) Notice. A person violating this ordinance may be issued, either personally or by <br />mail, an administrative citation from the city that sets forth the alleged violation and <br />informs the alleged violator of their right to a hearing on the matter and how and <br />where a hearing may be requested, including a contact address and phone number. <br />(2) Hearings. <br />(a) Upon issuance of a citation, a person accused of violating this ordinance may <br />request in writing a hearing on the matter. Hearing requests must be made <br />within 10 business days of the issuance of the citation and delivered to the City <br />Administrator or other designated city officer. Failure to properly request a <br />hearing within 10 business days of the issuance of the citation will terminate the <br />person’s right to a hearing. <br />(b) The city Administrator or other designated city officer will set the time and place <br />for the hearing. Written notice of the hearing time and place will be mailed or <br />delivered to the accused violator at least 10 business days prior to the hearing. <br />September 2024