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CITY OF HUGO,
<br />COUNTY OF WASHINGTON
<br />
<br />ORDINANCE NO. 2022-____
<br />AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTUR1NG, AND
<br />DISTRIBUTION OF THC PRODUCTS
<br />NOW, THEREFORE , the City Council of the City of Hugo does ordain:
<br />SECTION 1. BACKGROUND.
<br />1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature
<br />amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible
<br />cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol,
<br />commonly known as THC (“THC Products”).
<br />2. The new law does enact some requirements for labeling and testing, but the law
<br />provides no parameters regulating production, compliance checks, or sales of THC
<br />Products, The new law does not prohibit local regulation.
<br />3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by
<br />ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction
<br />to protect the public health, safety, and welfare. Specifically, the City is authorized to
<br />enact a moratorium ordinance to allow it to undertake a study to determine whether
<br />to adopt any regulations or restrictions, including siting and location of uses, related
<br />to the sales, testing, manufacturing, and distribution of THC Products.
<br />4. Pursuant to its general police powers, including but not limited to, Minn.
<br />Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions
<br />on THC Products within the City to protect the public safety, health, and welfare,
<br />including restrictions and a moratorium on the use of sales, testing, manufacturing,
<br />and distribution, during the pendency of a study to determine the need for police
<br />power regulations, including but not necessarily limited to licensing and permitting.
<br />SECTION 2. FINDINGS.
<br />1. The City Council finds there is a need to study THC Products and uses and
<br />businesses related thereto, in order to assess the necessity for and efficacy of
<br />regulation and restrictions relating to the sales, testing, manufacturing, and
<br />distribution of THC Products, including through licensing or zoning ordinances, in
<br />order to protect the public health, safety, and welfares of its residents.
<br />2. The study will allow the City Council to determine the appropriate changes, if any,
<br />that that it should make to City ordinances.
<br />3. The City Council, therefore, finds that there is a need to adopt a City-wide
<br />moratorium of the sale, testing, manufacturing, and distribution of THC Products
<br />within the City while City staff studies the issue.
<br />SECTION 3. MORATORIUM.
<br />1. No individual, establishment, organization, or business may sell, test, manufacture,
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