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licensed business. <br />Return to top of page <br />Zoning <br />QW.What authority do cities have regarding zoning <br />for where the products could be sold? <br />A17. Nothing in the new.law limits a eity's zoning authority related to CBI)acid THC products: <br />No Minnesota court has -interpreted the limits on zoning authority in this- context; but at least <br />one .court in another state has ruled that.A state law related to cannabis did "not nullify a <br />municipality's 'inherent aut] OO ity-to.regulate land. use wider [state] law so long as the <br />municipality does -not prohibit or -penalize all medical marijuana cultivation .... and so long -as. <br />the -municipality does not -impose .regulations that are unreasonable and inconsistent with <br />regulations esfiabl shed by stag law" DeRuiteT ti T. wn$hip o, B; on; .505 Mich. 130, 949 N W.2d 9i <br />.(2020). t. is. unknown if a. Minnesota court. would come to. the same conclusion. <br />Cities should be- thoughtful: and intentional about how.zoning regulations related to <br />cannabinoid products affect their communities and work with their city attorneyto.determine <br />what, if any, zoning restrictions should be -.adopted. Cities will need to. consider na only zoning <br />regulations related to .retail sales of M15 and THC products.but also the -manufacturing and <br />production of the products within the -city'. Unless specifically differentiated in a zor iing. <br />ordinancei a city's: general manufacturing and production zoning:provisions will likely apply to <br />CBD and THC*pr'oduction as we11. <br />Q18. Could cities adopt a moratorium. prohibiting*the <br />sale, manufacturing or, distribution of cannabino ds <br />so it can study the issue? <br />A18,A.moratorium is a tool .cities- use. td.pause specific -uses in order that the city may study the <br />issue -in aLnticipation of future regulations. A moratorium is.limitedto a period of one year. To <br />adopt a.moratorium, a city must.follow the procedures in, Minnesota Statute, section 4&2.35S,, <br />subd. . The statute specifies -the specific instances -where a city may adopt a moratorium. If a <br />city were to adopt a moratorium prohibiting the sale. or manufacturing. of ediblke cannabinoid <br />products,:ifshouldwork with its city -attorney to clearly state the legal justification for the <br />moratorium. <br />If a city does adopt a moratorium, it must actually review and study the issue or meet one of <br />the other-regwrements of the statute: More information on moratoriums can be found in the <br />LMC Zoning Guide for Cities. <br />Return to-toR_QLg_4gP, <br />City employmentand personnel issues <br />