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MEMORANDUM To: Planning Commission From: Breanne Rothstein, AICP, City Planner Date: February 22, 2016 Planning Commission Meeting WSB Project No. 02170-250 Request: Consider Resolution to Amend Sections 152.008 and 152.188 of City Code Pertaining to Medical Cannabis facilities OVERVIEW Following the legalization of medical cannabis by the State of Minnesota, the City of St. Anthony Village enacted a moratorium (“interim ordinance”) on February 24, 2015 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning Code update and any prerequisites or considerations prior to an amendment of the City Code regulating medical cannabis manufacturers and facilities. The City’s completed study includes a review of the Minnesota state statute that prompted this investigation as well as an overview of Federal cannabis law. Following an analysis of medical cannabis within the context of existing City Zoning Code and the finding that significant land uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as well as the potential for emergent public safety concerns, the study recommends prohibiting all cannabis facilities in the City. The full text of the study is included with this report. A draft resolution would implement the recommendation of this study, amending the City’s Zoning Code to reflect the findings and prohibit medical cannabis manufacture and facilities in St. Anthony Village. SUMMARY OF AMENDMENTS As proposed, the resolution would specifically do the following: • Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes.”( § 152.008) • Prohibit Cannabis Facilities in all zoning districts (§ 152.188) • Include the provision clarifying that the revised Code does not preclude doctors from writing legal cannabis prescriptions or patients from exercising their legal right to possess or administer medical marijuana as per the law. 5