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2022 08-08 CC PACKET
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2022 08-08 CC PACKET
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CITY COUNCIL PACKETS
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Qll. Could cities prohibit: the.. sale of edible <br />cannabinoids entirely? <br />:All. In.mQst states that have adopted adult us.e:cannabis legislationjocal governments are <br />given the option to either opt -In -or opt -out of cannabis in.their c.Qmmunities.. This framework <br />helps to maintain local control of the cannabis issue. The new*Minnesota law does.not provide <br />such an. option. Therefore; the new law makes the new cann4binoid products legal in every city <br />throughout the state. <br />Without a clear opt --out option, the: question*as'to whether a city could completely prohibit the <br />sale -of edible cannabinoids is an open question. One potential approach would be to follow the <br />Minnesota House Research's. suggestion to LMC that it maybe possible for a city to classify <br />cannabis edibles containing THC -as an intoxicating cannabinoid and therefore would not be <br />allowed under the. ri.ew law <br />Arguments have also been made that.a city may able to prohibit the .sale of edible <br />cannabinoids products. under its authority to provide for the health safety and. welfare of its: <br />comitrunity. If a city were to attemptto prohibit -edible cannabinoids under this authority, it <br />would ne.ed to work with its city attorney. to develop f`indings'that clearly show the dangers of <br />edible.cannabinaidsgroducts and the. need to prohibit the-prditcts.. Cities: may wantto look at <br />communities that have banned. the sale of flavored tobacco products as a model for such <br />prohibitions. <br />Q12. Is our city required to adopt regulations under <br />the: new law? <br />AI2. The new law does.,i�ot require cities to -take action in regulating the -new products. Ifa city <br />chooses not to adopt additional. regulations, the sale and -production of these new products will <br />be. -governed by the clWs existing zoning and other regulations. In addition, the new law gives <br />locallaw enforcement powerto enforce-viol4tioils as it misdemeanor.. <br />City licensing <br />Q13. What authority do cities have regarding <br />licensing the sale of edible cannabinoids? <br />A13. A city's authority to license comes from either a specific grant of authority from the. <br />Legislature or from its authority to provide for its general. health, safety; and welfare. When a <br />city official proposes local licensing of any activity or occupation, 'a city first must determine <br />whether the state -already. licenses that activity and, if so., whether the:law forbids or allaws.a <br />local license.`` <br />Q14. What types of restrictions should we consider in <br />regulating cannabinoids? <br />
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