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9 STUDY OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES CITY OF SAINT ANTHONY VILLAGE 4.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGE ZONING CODE This section provides information regarding the status of medical cannabis under the City code generally and how the Zoning Code applies to medical cannabis manufacturers. 4.1 Status of Cannabis in the City Code Chapter 131 of the City Code “Drugs and the Like” regulates drugs and controlled substances within the City, including marijuana. The City Code states that “[n]o person may manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance, except by way of a lawful prescription by a person licensed by law to prescribe and administer controlled substances.” City Code § 131.02. However, these prohibitions do not apply to the exceptions listed in M.S. §§ 152.0974, 152.11, or 152.12, or to the following activities in the ordinary course of lawful trade, business or profession: (A) Warehouse operators authorized by law to store controlled substances; (B) Persons engaged in transporting controlled substances as an agent or employee of an authorized practitioner, pharmacist, manufacturer, warehouse operator, wholesaler, or common carrier; (C) Public officers or public employees in the performance of official duties requiring possession or control of controlled substances, or persons aiding the officers or employees in the performance of the duties; (D) A patient using controlled substances in accordance with prescribed treatment; (E) Persons who procure, possess or use controlled substances for the purpose of lawful research, teaching or testing, and not for sale; and (F) Lawfully licensed and registered hospitals or bona fide clinics or other institutions for treatment of sick or injured persons or animals. Because medical cannabis may be lawfully prescribed under Minnesota Statutes § 152.22-37, Chapter 131 of the City Code does not prohibit the lawful manufacture, possession, sale, or distribution of medical cannabis within the City. In addition, Section 131.20 of the City Code prohibits the possession of marijuana but includes an exception were the use is authorize by law. As a result, the City Code does not prohibit the lawful possession or use of medical cannabis within the City. 4.2 City of Saint Anthony Village Zoning Code: Intent, Purpose, and Interpretation The City’s Zoning Code is located in Chapter 152 of the City Code. In interpreting and applying the Zoning Code to zoning decisions, the City considers the intent and purposes of the Zoning Code. City Code § 152.004. The general intent of the Zoning Code is “to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use.” City Code § 152.002. 17