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4. The City Council, therefore, finds that there is a need to adopt a city-wide moratorium on the retail sale, wholesale sale,
<br />testing, growing, cultivating, manufacturing, transporting, delivery of, and distribution of Cannabis Products, including
<br />products: using any part of the genus Cannabis plant; containing cannabis concentrate; infused with cannabinoids
<br />(including but not limited to tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis flower;
<br />synthetically derived cannabinoids, or lower potency hemp edibles that contain more than 0.3% of
<br />Tetrahydrocannabinol, within the City while City staff studies the issue.
<br />Section 3. Moratorium.
<br />1. No individual, establishment, organization, or business may engage in the retail sale, wholesale sale, testing, growing,
<br />cultivating, manufacturing, transporting, delivery of or distribution of Cannabis Products, including products using any
<br />part of the plant of the genus Cannabis plant; containing cannabis concentrate; infused with cannabinoids (including but
<br />not limited to tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis flower; synthetically
<br />derived cannabinoids, or lower potency hemp edibles that contain more than 0.3% of Tetrahydrocannabinol, before
<br />January 1, 2025.
<br />2. Planning or zoning applications related to any of the products listed in Section 3.1 herein or applications from
<br />individuals, establishments, organizations, or businesses involved in the proposed sale, testing, growing, cultivating,
<br />manufacturing, transporting, delivery of or distribution of Cannabis Products within the City of Gem Lake shall not be
<br />accepted or considered before January 1, 2025.
<br />3. This moratorium does not apply to the selling, testing, manufacturing, or distributing of Cannabis Products related to
<br />the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is
<br />done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis.
<br />4. This moratorium does not apply to the continued sale of THC Products allowed under the 2022 Legislation and Gem
<br />Lake City Code Ordinance No. 139, which includes edible and nonedible cannabinoid products that contain no more
<br />than 0.3% of Tetrahydrocannabinol, by retailers in existence before July 1, 2023.
<br />Section 4. Study. The City Council directs City staff to study the need for local regulation regarding the retail sale, wholesale
<br />sale, testing, growing, cultivating, manufacturing, transporting, delivery or distribution of Cannabis Products listed in Section 3.1
<br />herein within the City of Gem Lake. Staff must also study the need for creating or amending zoning ordinances, licensing
<br />ordinances, as allowed by the state, or any other ordinances, as allowed and not preempted by the state, to protect the citizens of
<br />Gem Lake from any potential negative impacts. Upon completion of the study, the City Council, together with such commission
<br />as the City Council deems appropriate or, as may be required by law, will consider the advisability of adopting new ordinances or
<br />amending its current ordinances.
<br />Section 5. Enforcement. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy
<br />in any court of competent jurisdiction. The City Council hereby authorizes the Administrator, Clerk/Treasurer, in consultation
<br />with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of
<br />this Ordinance is also subject to the City's general penalty.
<br />Section 6. Term. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in
<br />effect until January 1, 2025. The City Council hereby elects that all legally compliant portions of this Ordinance be extended for
<br />the maximum duration permitted by law, unless rescinded earlier by separate action of the City Council.
<br />Section 7. Effective Date. This ordinance shall have full force and effect upon its passage and publication.
<br />Dated: July 18, 2023
<br />APPROVED:
<br />Gretchen Artig-Swomley, Mayor
<br />Ordinance No. 139 Cannabis & CBD Sales & Distribution
<br />ATTEST:
<br />Melissa Lawrence, Acting City Clerk
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