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08-28-23-R
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08-28-23-R
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ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 9 <br /> distribution of products containing tetrahydrocannabinol (THC). It is important to note this <br /> moratorium does not apply to products containing THC related to the Medical Cannabis Program <br /> as administered by the Minnesota Department of Health, provided the activity is conducted in <br /> accordance with state law regarding medical cannabis. Interim Ordinance 2022-006 will expire on <br /> August 22, 2023. <br /> Community Development Director Jagoe reported as of May 31, 2023, there has also been a <br /> recent state law change relating to adult use marijuana/cannabis. This state law includes language <br /> g g J <br /> for cities to have the authority to impose a moratorium on the sale of full strength products until <br /> January 1, 2025 in order to allow further review and future discussions as the new law continues <br /> to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will <br /> license retailers. Cities will be required to register local adult cannabis retailers and conduct <br /> compliance checks. Eventually, the OCM will have sample language and forms to provide to <br /> cities. The City Council directed city staff at their work session on July 17, 2023, to work with the <br /> City Attorney's Office to prepare the ordinance language for a moratorium prohibiting the sale of <br /> Adult Use Cannabis products as allowed under the state law. Staff anticipates this discussion will <br /> be reviewed by the City Council at their second regular meeting in August. For this discussion, the <br /> City Council is being asked to review and consider ordinance language as it relates solely to <br /> lower-potency THC products. <br /> Community Development Director Jagoe explained under new State law lower-potency THC <br /> hemp products in the form of edibles or beverages could be sold anywhere in the city, including <br /> exclusive liquor stores. Without any changes to the city code after August 22, 2023, a business <br /> could begin selling lower-potency hemp products as part of their retail operations. Staff <br /> commented further on how lower-potency edible cannabinoid products were defined per the <br /> Minnesota Department of Health. <br /> Community Development Director Jagoe commented at your June 20th and July 17th work <br /> sessions, the City Council discussed options for how the City may move forward with regulating <br /> the sales of lower-potency hemp edibles when the moratorium expires. The general consensus of <br /> the City Council was to establish a new land use classification specific to the sale of lower- <br /> potency hemp edibles in our commercial zoning districts mainly along Lexington Avenue at the <br /> initial onset with a separation of land use from schools, day cares, parks, etc. as allowed by State <br /> Statute. Staff worked with the City Attorney's Office to prepare a draft ordinance reflective of <br /> their comments. <br /> Community Development Director Jagoe indicated the City Council reviewed the first draft <br /> ordinance at the July meeting. During that discussion, the Council considered other types of land <br /> uses in addition to Retail Sales and Service that might have the potential of selling lower-potency <br /> hemp products such as a gas station or a restaurant. Staff confirmed that the draft ordinance as <br /> written would not include these types of businesses since they are a separate land use type. <br /> However, a liquor store may qualify as a retail land use. Staff provided an overview of existing <br /> retail businesses along Lexington Avenue within the B-3, General Business District as well as the <br /> area along County Road E between Lexington Avenue and Snelling Avenue that falls under the B- <br /> 2, General Business Zoning District. Under the city code, Retail Sales and Service is a permitted <br /> use in the following zoning districts: B-2 - General Business, B-3 - Service Business, and B-4 - <br /> Retail Center. For the City Council, staff has included with this report several maps identifying <br />
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