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PUBLIC HEARING —10B ,fi` DEN HILLS MEMORANDUM DATE: August 28, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-014 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments — Chapter 13, Sale of Lower -Potency Hemp Edibles Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • Hold the required public hearing for Planning Case 23-014, a proposal for Zoning Code Amendments to Chapter 13, Section 1305.04 — Zoning Code Definitions, Section 1320.05 — Land Use Chart in the B-2, B-3, B-4, and Gateway Business (GB) Zoning Districts, and Section 1325.02 — Accessory Uses. The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 B. Background On July 1, 2022, the Minnesota Legislature adopted an amendment that permits the sale of edible cannabinoid products that contain no more than 0.3% of tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022-006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and distribution of products containing tetrahydrocannabinol (THC). It is important to note this moratorium does not apply to products containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided the activity is conducted in accordance with state law regarding medical cannabis. Interim Ordinance 2022-006 will expire on August 22, 2023. As of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language for cities to have the authority to impose a Page 1 of 6