2023.07.10 ORD 2023-527 Interim Cannabinoid Moritorium

Home

CITY OF HUGO, COUNTY OF WASHINGTON ORDINANCE NO.2023-527 AN INTERIM ORDINANCE PROHIBITING THE SALE,TESTING,MANUFACTURING,AND DISTRIBUTION OF CANNABINOID PRODUCTS NOW,THEREFORE,the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 regulating the sale of"edible cannabinoid products"that contain no more than 0.3%of Tetrahydrocannabinol,commonly known as THC("THC Products") 2. On August 15, 2022, The City of Hugo adopted an interim ordinance prohibiting the sale, testing and manufacturing of edible cannabinoid products, and is set to expire on August 15, 2023. 3. By enacting 2023 Session Law though HF100 and S1773, Chapter 63, the Minnesota Legislature has newly defined and redefined types of types of intoxicating and non- intoxicating cannabis and hemp products. 4. The Act expands the types of legal products and now includes cannabinoid products,cannabis products,lower-potency hemp edibles,and edible cannabis products,among other things. 5. The Act provides a regulatory framework for the sale, and manufacturing of cannabis and hemp products and for the licensing of cannabis and hemp businesses,and establishes a State Agency now called the"Office of Cannabis Management"(OCM). 6. The Act directs the OCM to research and study cannabis and hemp, make rules, establish policy,and exercise regulatory authority over cannabis and hemp businesses. 7. Section 343.13 of the Act allows a local unit of government to "adopt reasonable restrictions on the time, place, and manner of the operation of a "cannabis business," including limiting the number of licenses,and mandating registration and compliance checks. It further allows a local unit of government to enact an interim ordinance that"may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction or a portion thereof until January 1,2025." 8. Section 343.22 of the Act requires local units of government to provide for registration and compliance checks for low-potency hemp products, and does not specifically prohibit local control of lower-potency hemp edibles. i 9. The Act requires the OCM to create a regulatory framework for cannabis and hemp products and directs the OCM to draft model ordinances for local units of government to establish certain zoning and other regulations related to cannabis products. The Act further requires the OCM to develop standardized forms for retail registration and compliance checks by local units of government of cannabis businesses and lower-potency hemp businesses. 10. The City will benefit from an understanding of the OCM's regulations, rules, model ordinances, forms, registration procedures, and guidance for compliance checks before making decisions related to cannabis and lower-potency hemp businesses. 11.Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a