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MEMORANDUM To: Mayor Stille and St. Anthony Village City Council From: Stephen Grittman, City Planner Date: October 5, 2023 Meeting Date: October 10, 2023 RE: St. Anthony – Cannabis Use on Public Property GC Project No. 140.00 BACKGROUND AND INTRODUCTION As discussed at a recent work session, staff was directed to develop ordinance limitations for cannabis use on public property. The prior Council action on a moratorium ordinance related to businesses involved in cannabis manufacture, distribution, and sales. Parallel to the 2023 Legislature’s passage of a series of laws opening the state to “Adult -Use Cannabis” and the business aspects of the cannabis industry, the legislature also created an allowance for aspects of private possession and use. These aspects include: • The allowance of cannabis for personal use on private property; • Limited possession for personal use; and • The growing of a limited amount of cannabis plants on one’s private property. • Prohibition of cannabis use (including smoking and vaping) that would be inconsistent with the restrictions of the Minnesota Clean Indoor Air Act – that is, the act that regulates tobacco smoking in indoor spaces. • Prohibition of cannabis use in public places that are likely to be frequented by children. This prohibition includes school grounds, parks that have playground -type facilities, or similar locations. Left unlegislated was the use of cannabis – effectively smoking of marijuana – in many public places. Various communities have been adopted a wide array of prohibitions on public use, ranging from specifically City-owned property, to public trails and sidewalks, to private property that is typically open to the public – such as areas near commercial building entrances, restaurant outdoor patios, and multi-family building common areas.