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City Council Meeting - October 10, 2023 Page 2 There are other statutory restrictions, including a prohibition of driving or use while driving (similar to the “open container” prohibition on alcoh ol). PUBLIC CANNABIS USE. The focus of this report and draft ordinance addresses the aspects of the statute that are permissive (neither prohibited or required to be permitted) - the use of cannabis on public property that is not a street or a school. Examples would be in public parks or on public sidewalks. The Code Committee discussed the code impacts of the issue, and identified two options for addressing cannabis use in public places. The first was a “public intoxication” approach, which compared public cannabis use to public alcohol consumption. While there are similarities based on public behaviors, there are a number of issues with both that make enforcement difficult – particularly since edibles will be an aspect of cannabis consumption (and are already allowed for Hemp-THC products. The alternative approach was a “public nuisance” aspect, in which the outward impacts of cannabis smoking could raise issues for nearby members of the public. This approach incorporates the larger issue of tobacco smoking in public places (see below for additional discussion). In sum, the Code Committee recommended following this nuisance approach as being more tangible and enforceable. From the League of Minnesota Cities FAQ on Adult Use Cannabis: Q32. Can our city ban the smoking of cannabis in public places? A32. A city may adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place other than the following: • A private residence including the person’s curtilage or yard. • Private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower- potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property. • The premises of an establishment or event licensed to permit on-site consumption. In addition, under the Minnesota Clear Indoor Air Act, cities are authorized to adopt more stringent regulations on smoking to protect individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from electronic smoking devices. Cities have used this authority to prohibit smoking of