Laserfiche WebLink
www.publichealthlawcenter.org 8Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers <br />Section 1. Findings of Fact. <br />Note <br />The Findings Section is important because it provides the evidentiary basis for the proposed <br />cannabis and lower-potency hemp retailer regulations and demonstrates a municipality’s <br />reasoning for adopting specific provisions. Findings of fact could include data, statistics, and <br />relevant epidemiological information, for example, that support the purposes of the ordinance. <br />In addition to providing educational background and building support for the ordinance, the <br />findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an <br />admissible record of the factual determinations made by the legislative body when considering <br />the ordinance. Courts generally defer to legislative determinations of factual issues and can, in <br />turn, influence a court’s legal findings. A list of Findings of Fact supporting this model ordinance <br />appears in a companion publication on Public Health Law Center’s website titled, Minnesota <br />Findings for Local Regulation of Cannabis and Lower-Potency Hemp Edibles. Jurisdictions may select <br />findings from this list to insert here, along with additional findings on local or regional conditions <br />and outcomes. <br />NOW THEREFORE it is the intent of the City Council, in enacting this ordinance, to regulate the <br />establishment, operations, and sales of cannabis retailers and lower-potency hemp edible <br />retailers located in [ city name ] . <br />Section 2. Authority and Jurisdiction. <br />Authority. The City Council is authorized to adopt this Ordinance by Minnesota Statutes <br />sections 144.417, subd. 4(a), 145A.05, subd. 9, 412.221, 152.0263, subd. 5, Chapter 342, Chapter <br />412, and any other applicable state law, as may be adopted or amended from time to time. <br />Section 3. Definitions. <br />Except as otherwise provided or clearly implied by context, all terms are given their commonly <br />accepted definitions. For this ordinance, the following definitions apply unless the context <br />clearly indicates or requires a different meaning: <br />Advertisement. Any written or oral statement, illustration, or depiction that is intended to <br />promote sales of approved products or sales at a specific cannabis business or hemp business <br />and includes any newspaper, radio, internet and electronic media, or television promotion; the <br />distribution of fliers and circulars; and the display of window and interior signs in a cannabis <br />September 2024