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Questions: What.steps can a municipality take to regulate the :sale of. edible THC. ANALYSIS In 2022 the Minnesota State Legislature adopted .changesto Minn .Stat. Sec.1,51.72 concerning sale certain canttabinoid products, specifically edible THC. The statute was amended to resolveambiguities. in:the prior statute. As of July], 2022 it is now1egal.to sell edibles containing THC,: as well -as THC.irifused beverages. F'orlhepurpose of this memoraIldum THC infused ptbducts will be.referred to as "CBD Products'. The statute doesn't grant a municipality the. power.to regulate the:manufacture, distribution,. or sale of CBP products: On the other hand, the. statute doesn't prohibit. a municipality from regulating CBD products. I raise this point because municipalities are creatures of statute. They only have those powers which the legislature either expressly grants or*aie..*granted by implication. In addition, if the State is already regulating an.:act ivity;:the iunicipality can't adopt regulations which conflict with :the State. regulations: The statute does forbid adding CBD to candy -and snack food prdducts.:And the Alcohol and Gambling:Enforcemerit.Division of the Minnesota Department Qf'Public Safety has informed the League ofMinnesota Cities that products: containing CBD, hemp or THC are not allowed .to lie.sold .at exclusive liquor stores.'The reason being is that Minn. Star: Sec 340A.412 subd. i 4 lists the products liquor stores are. allowed to soil. And CBD, hemp' or THC infused products aren't listed. And the statute forbids -safe to anyone youngerthan. L Beyond tbese.prohibitions Minn. Stat Sec..151..72. is silent.as, to how the sale of CBD products will be regulated. One-m6thod that has been discussed is to regulate sale'of CB0 Oibducts in the same manner as tobacco products. For example; sale of either tobacco products or:CBD products:to a -person under the age of21 is -prohibited. If a municipal ity elects.to regulate CBD: products -in the same -manner as tobacco it should do to under a separate Winance. Again, there is the. problem I have already raised. The lack statutory langua$e. dealing with sale of CBD products. There is a strong possibility that.an.Ordinance creating such regulations would be challenged oti.the basis that the.municipality lacks the statutory authority to adopt such.regulations. The municipalitywauld.have tQ.rely on itspolice. power to protect health and. safety. Another method of regulation which has been diseussed.is regulation through zoning. This is a method f believe. holds more:.pramise. Minn. Stat462.358 Subd. la authorizes a municipality to.adopt land use controls to protect. publ.ie.health.,safety and general w.elfare..Manufacturing; ,distribution and sale:of CBD products is clearly a.public health, and safety concern: No one wants a:store.selling CBD products next to a school. Creating a special zone. or conditional. use would allow a municipality to control manufacturing;, distribution and sale.of CBD products. Adult entertainment and.book:stores are already controlled. Why not create:. similar controls for C.BID products. Such an action is clearly allowed under Minn. Stat Sec. 462.3 58. And it avoids the problem of lack. of statutory authority under Minn. State. Sec.151,72. Land:use.regulatiott.allows.a municipality to exercise. its authority under Minn. State Sec: 462.355-Sulid. 4. Under the provisions of Subd,4 a:munic'ipal'stj+ pars adopt a moratorium prohibiting manufacturing,.dittributioft:or sal$ of CBD products for up to a year while studies are conducted. it is my understanding that the: City o.f Stillwater has :adopted such an Ordinance. CONCLUSION The lack of a statutory framework- for regulation of. CBD.products:is a cbrtcern. While CBD infused alcoholic products and food products'appeorslo be: dealt with. The lack ofregulation cbncerniing sale of othei -fortis of edible CBD products is concerning.: Use of a municipality's power to. control land use appears to be the bot method.of controlling sale. of CBD products.