Ordinance No. 145 Edible Cannabinoid Products

Home

City of Gem Lake, Ramsey County, Minnesota Edible Cannabinoid Products Ordinance No. 145 AN INTERIM ORDINANCE REQUIRING A LICENSE AND IMPOSING REGULATIONS ON THE RETAIL SALE OF EDIBLE CANNABINOID PRODUCTS THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Purpose and Intent. The purpose of this ordinance is to establish licensing and sale regulations for the retail sale of edible cannabinoid products derived from hemp as provided in Minnesota Statutes, section 151.72. Section 2. Legislative Findings. The Council hereby finds and determines as follows: 1. In 2022, the Minnesota Legislature's amended Minnesota Statutes, section 151.72 to expressly allow the sale of edible products that contain tetrahydrocannabinol ("THC") without any associated licensing requirements. 2. The unexpected change in the law, the lack of licensing and other regulatory standards, and the concerns regarding the potential impacts of the sale of edible cannabinoid products resulted in the City Council acting on September 27, 2022 to enact a one-year moratorium on the sale of THC products. 3. Since that time, the City has studied the issue and anticipated the Legislature would provide additional guidance and regulation during the 2023 session on the sale of such products. While the Legislature did adopt a 321-page cannabis bill, it essentially maintained the status quo regarding the sale of edible cannabinoid products under Minnesota Statutes, section 151.72 until the newly established Office of Cannabis Management begins licensing cannabis business. 4. Because the Office of Cannabis Management is not likely to begin issuing licenses to sell lower -potency hemp products until early 2025, and faced with continuing uncertainties associated with the sale of edible cannabinoid products, the City Council determines it is in the best interest of the City to require a license to sell such products and to impose related regulations until the Office of Cannabis Management assumes the licensing of cannabis businesses. Section 3. Definitions. For the purposes of this ordinance, the following terms shall have the meanings given them in this section. If a term is not defined herein, it shall have the meaning given it in Minnesota Statutes, section 151.72 or, if not defined herein, the definition given the term in the municipal code. 1. City. The City of Gem Lake, Minnesota. 2. Compliance Checks. The system the City uses to investigate and ensure that those authorized to sell edible cannabinoid products are following and complying with the requirements of this ordinance and state laws. Compliance checks involve the use of compliance check minors, as authorized by this ordinance, who purchase or attempt to purchase edible cannabinoid products. Compliance checks may also be conducted by the City or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to edible cannabinoid products. 3. Delivery Sales. The sale of any edible cannabinoid product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in -person, over-the-counter sales transaction in a retail establishment. Delivery sales include, but are not limited to, the sale of any edible cannabinoid products when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sales include delivery by licensees or third parties by any means, including curbside pick-up. Edible Cannabinoid Products Ordinance No. 145