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7 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE Health Care Practitioner as defined in Minnesota Statute § 152.22, Subd. 4: “Health care practitioner” means a Minnesota licensed doctor of medicine, a Minnesota licensed physician assistant acting within the scope of authorized practice, or a Minnesota licensed advanced practice registered nurse who has the primary responsibility for the care and treatment of the qualifying medical condition of a person diagnosed with a qualifying medical condition. Registered Designated Caregiver as defined in Minnesota Statute § 152.22, Subd. 11: “Registered designated caregiver” means a person who: 1. is at least 21 years old; 2. does not have a conviction for a disqualifying felony offense; 3. has been approved by the commissioner to assist a patient who has been identified by a health care practitioner as developmentally or physically disabled and therefore unable to self-administer medication or acquire medical cannabis from a distribution facility due to the disability; and 4. is authorized by the commissioner to assist the patient with the use of medical cannabis. In addition, the following term was defined in the Interim Ordinance: Cannabis Facility shall mean any business or facility operated for the purpose of cultivating, acquiring, manufacturing, possessing, preparing, transferring, transporting, supplying, or dispensing Medical Cannabis or any related supplies. 2.2 The Status of Medical Cannabis Under Federal Law The Federal Controlled Substances Act classifies marijuana (cannabis) as a Schedule I substance. 21 U.S.C. § 811 et seq. Schedule I substances are considered to have a high potential for dependency and no accepted medical use. The possession and distribution of Schedule I substances, including marijuana is a federal offense. The federal sentencing guidelines impose increased penalties for distributing of marijuana within 1,000 feet of a school, playground, or public housing. 21 U.S.C. § 860. The U.S. Department of Justice issued a “Memorandum for Selected U. S. Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana” on October 19, 2009, indicating that it did not intend to prosecute individuals whose actions are in compliance with state laws on medical use of marijuana (referred to as the “Ogden Memo”). Despite the Ogden Memo, the U.S. Department of Justice has prosecuted operators of medical marijuana facilities and threatened to seize property on which medical marijuana facilities operate. 2.3 Interim Ordinance (Moratorium) and Resolution Adopting Study The City adopted the Interim Ordinance on February 24, 2015, which prohibited medical cannabis manufacturers and cannabis facilities in the City for the period of one year in order to 15