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City of Gem Lake, Ramsey County, Minnesota
<br />Cannabis & CBD Sales & Distribution
<br />Ordfuanee No. 139
<br />AN INTERIM ORDINANCE REPEALING AND REPLACING THE CURRENT ORDINANCE NO. 139 WITH AN
<br />UPDATED VERS1.ON PROHIBITING THE SALE, TESTING, MANUFACTURING; CULTIVATItiG,.GROWIiNG,.
<br />TRANSPORTING, DELIVERY, AND DISTRIBUTION OF CANNABIS PRODUCTS UN THE CITY OF GEM LAKE
<br />"me Cem Lake City Council ordains:as follows:
<br />Section.l. Background.
<br />1, In 202,.the.lv1irgimta..L.egis1ature amended M.S. § I5I,M2 to pennit the sale. of edible. and nonedible.cannabinoid
<br />products That contain no more than 0.3%6f Tetrahydrocannabinol, commonly known as TFIC.
<br />2. The 2023 Legislature approved 2023 Session Law Ch. 63 expanding both the legalization of types of THC and
<br />.cannabis products and.also the types:ofTtIC and cannabis businesses perrnitted.
<br />3. The final. bill establishes a regulatory frarnmork for.adul.t=use cannabis, as well as the lower potency hemp edibles;
<br />moyes the medical cannabis program. under a newly created state agency. called. the OtTicc of Cannabis Managemegt;.
<br />establishes taxes on regulated products; creates grants to assist individuals entering. into. the .legal cannabis market;
<br />amend criminal..penalifes; provide for. expungetnent and resentencing of eertain'convictions; provide for temporary
<br />regulation of hemp -derived edible cannabinoid products; reschedule. marijuana and appropriates money.
<br />4. The state.licensing agency became effective on 7uly 1.. 2023 and will, among others. tasks, establish a model ordinance
<br />for cities, which the City. of Gem Lake would.benefit. from reviewing and analyzing.before. making any decisions
<br />related to cannabis:businesses:and products in the city.
<br />5: The law specifies.what:distance restrictions cities can put in place under'their zoiiHig.p4wen.The (City mould benefit
<br />From having.time to study and analyze acceptable time, place and manner restrictions on the operation of a canmhis
<br />business.tlut would be feasiblc.for the City of Corti Lake.
<br />.6. Pursuant. to Session Law 63; § 13(c), the City is -authorized to adopt an interim ordinance applicable to all or part of its
<br />jurisdiction for the purposc af.protecting the planning process and the health,. safety,and vveIfare .of its citizens.,. The
<br />interim ordinance may regulate, restrict, or prohibit the operation of a cannabis.bus iness within the Cityor a. portion
<br />thereof until dartuary 1., 2025: Beforead.opting th6. interim ordint nce,: the `govern ing b.6dy° must hold a public hearing.
<br />7. Additionally; pursuant to. lvlinn..Stat. §462.355, subd. 4,iheCity is authorized to enact by ordinance amoratoriuin to
<br />regulate, restrict. or prohibit land uses within its:jurisdiction to: protect the`pubIic beaIth, safety,. and welfare and is
<br />authorized pursuant. to its general poiice .powers,.set forth in Minn. Stat. §:421,221, subd. 32; the City may enact and
<br />enforce regulations or restrictions On Cannabis -Products within the City to protect the public. safety, healtlt: and welfare,
<br />including restrictions and a.moratorium on the sales, testing,.manu facturing, cultivating, growing; transporting, delivery
<br />and distribution; during the pendency. of a study to determine theneed for police power regulations, including but not
<br />necessarily limited to any.addition a] licensing arid perm ittingthatntay bc.allowed,.1f.any, by the. State.
<br />Section 2. Find..ings.
<br />I. The City Council find s.tlie re is a need to study (i) cannabis products; including products: using any part o f the genus
<br />Cannabis plant; containing cannabis. concentrate; infused with.cannabinoid.s including .but not limited to.
<br />tetrahydrocannabinolj; extracted or dulved.from.can nabis plants or cannabis tlo.wer;.synthe tically derived
<br />canuWnoids;.and any Lower poteiicy hemp edibles.titateontain more than 0..3%of Tet rahyd ro can nab ino 1, (i..i) cannabis::
<br />businesses related thereto; and.(iii) the impact ofthosebusinesses and products asrelatcd:to.a]Iowed land usesond
<br />zo11ing, in order to assess the necessity for acid e fftcaay of regulation and. restrict ions:. reIating to the retail. sales,
<br />wholesale sales; testing..grovving, cultivating, manufacturing, transporting, delivery ofor distribution orany.of the
<br />products reforcnccd lie toin, including through zoning ordinances or.Iiccnsing,..if. allowed, in. order to protect the...OnbIic
<br />health, safety, and weIfares of its residents.
<br />2.. The study wiII'aIIovv the City. Council to. detennine the..appropriate: changes. if any, that it should make to the Gem
<br />Lake City Code, including any necessary zoning changes.
<br />3. The tune will allovv.for any state agency licensing: can nabis.businesses to mle: make: and. adopt its model ordinances
<br />which ,011. further. aid the CouiiciI in studying and considering restrietions .on the operatinn.of a cannabis. businesses
<br />and the use of the.pro ducts listed in -paragraph 1. above.
<br />Ordinance No, 139 Cannabis.& is BD Sales & Distribution
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