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City of Gem Lake, Ramsey County, Minnesota
<br />Cannabis & CBD Sales & Distribution
<br />Ordinance No. 139
<br />AN INTERIM ORDINANCE REPEALING AND REPLACING THE CURRENT ORDINANCE NO. 139 WITH AN
<br />UPDATED VERSION PROHIBITING THE SALE, TESTING, MANUFACTURING, CULTIVATING, GROWING,
<br />TRANSPORTING, DELIVERY, AND DISTRIBUTION OF CANNABIS PRODUCTS IN THE CITY OF GEM LAKE
<br />The Gem Lake City Council ordains as follows:
<br />Section 1. Background.
<br />1. In 2022, the Minnesota Legislature amended M.S. § 151.72 to permit the sale of edible and nonedible cannabinoid
<br />products that contain no more than 0.3% of Tetrahydrocannabinol, commonly known as THC.
<br />2. The 2023 Legislature approved 2023 Session Law Ch. 63 expanding both the legalization of types of THC and
<br />cannabis products and also the types of THC and cannabis businesses permitted.
<br />3. The final bill establishes a regulatory framework for adult -use cannabis, as well as the lower potency hemp edibles;
<br />moves the medical cannabis program under a newly created state agency called the Office of Cannabis Management;
<br />establishes taxes on regulated products; creates grants to assist individuals entering into the legal cannabis market;
<br />amend criminal penalties; provide for expungement and resentencing of certain convictions; provide for temporary
<br />regulation of hemp -derived edible cannabinoid products; reschedule marijuana and appropriates money.
<br />4. The state licensing agency became effective on July 1, 2023 and will, among others tasks, establish a model ordinance
<br />for cities, which the City of Gem Lake would benefit from reviewing and analyzing before making any decisions
<br />related to cannabis businesses and products in the city.
<br />5. The law specifies what distance restrictions cities can put in place under their zoning power. The City would benefit
<br />from having time to study and analyze acceptable time, place and manner restrictions on the operation of a cannabis
<br />business that would be feasible for the City of Gem Lake.
<br />6. Pursuant to Session Law 63, § 13(e), the City is authorized to adopt an interim ordinance applicable to all or part of its
<br />jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. The
<br />interim ordinance may regulate, restrict, or prohibit the operation of a cannabis business within the City or a portion
<br />thereof until January 1, 2025. Before adopting the interim ordinance, the governing body must hold a public hearing.
<br />7. Additionally, pursuant to Minn. Stat. §462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to
<br />regulate, restrict, or prohibit land uses within its jurisdiction to protect the public health, safety, and welfare and is
<br />authorized pursuant to its general police powers, set forth in Minn. Stat. § 421.221, subd. 32, the City may enact and
<br />enforce regulations or restrictions on Cannabis Products within the City to protect the public safety, health, and welfare,
<br />including restrictions and a moratorium on the sales, testing, manufacturing, cultivating, growing, transporting, delivery
<br />and distribution, during the pendency of a study to determine the need for police power regulations, including but not
<br />necessarily limited to any additional licensing and permitting that may be allowed, if any, by the State.
<br />Section 2. Findings.
<br />1. The City Council finds there is a need to study (i) cannabis products, including products: using any part of the genus
<br />Cannabis plant; containing cannabis concentrate; infused with cannabinoids (including but not limited to
<br />tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis flower; synthetically derived
<br />cannabinoids; and any lower potency hemp edibles that contain more than 0.3% of Tetrahydrocannabinol, (ii) cannabis
<br />businesses related thereto, and (iii) the impact of those businesses and products as related to allowed land uses and
<br />zoning, in order to assess the necessity for and efficacy of regulation and restrictions relating to the retail sales,
<br />wholesale sales, testing, growing, cultivating, manufacturing, transporting, delivery of or distribution of any of the
<br />products referenced herein, including through zoning ordinances or licensing, if allowed, in order to protect the public
<br />health, safety, and welfares of its residents.
<br />2. The study will allow the City Council to determine the appropriate changes, if any, that it should make to the Gem
<br />Lake City Code, including any necessary zoning changes.
<br />3. The time will allow for any state agency licensing cannabis businesses to rule make and adopt its model ordinances
<br />which will further aid the Council in studying and considering restrictions on the operation of a cannabis businesses
<br />and the use of the products listed in paragraph 1 above.
<br />Ordinance No. 139 Cannabis & CBD Sales & Distribution
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