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ATTACHMENT 1 47 manner of the operation of Cannabis Businesses to adopt an interim ordinance 48 applicable to all or part of its jurisdiction for the purpose of protecting the 49 planning process and the health, safety, and welfare of its citizens. The interim 50 ordinance may regulate, restrict, or prohibit the operation of Cannabis 51 Businesses within the jurisdiction or a portion thereof until January 1, 2025. 52 53(E)Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the City 54 Council is authorized to adopt an interim ordinance “to regulate, restrict, or 55 prohibit any use . . . within the jurisdiction or a portion thereof for a period 56 not to exceed one year from the date it is effective.” The City Council is also 57 authorized as part of its general police powers to adopt business licensing 58 requirements related to the sale of Cannabis Products. Additionally, the 59 Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819 60(Minn. 1976) upheld the enactment of a moratorium despite the lack of 61 express statutory authority as being a power inherent in a broad grant of 62 power to municipalities. The enactment of business operations requirements is 63 based on a city’s police powers, which is the broadest grant of power to cities. 64 Inherent in that broad grant of authority is the power to place a temporary 65 moratorium on a business to study and potentially implement licensing 66 regulations on that business. 67 68(F)The Minnesota Legislature enacted, and the Governor signed, 2024 Minnesota 69 Session Laws, Chapter 121 – H.F. No. 4757, which amended the Act in 70 several ways, including changing certain defined terms, creating a process for 71 preapproval of certain licenses, and, subject to certain conditions, permitting 72 applicants with a license preapproval for a cannabis microbusiness license, 73 cannabis mezzobusiness license, or cannabis cultivator license to grow 74 cannabis plants from seeds or immature plants. 75 76(G)The OCM previously published a timeline showing that it would publish draft 77 rules and regulations identified in Section 1(C) herein by the end of June 78 2024, but that timeline has been removed. The OCM has not indicated when a 79 model ordinance will be available. 80 81(H)Given the uncertainty regarding the model ordinance and administrative rules 82 to be developed by the OCM, the broad scope of the changes to Minnesota 83 law brought about by the Act in 2023, and the amendments to the Act in 2024, 84 City desires to adopt an interim ordinance for the purpose of protecting the 85 planning process and the health, safety, and welfare of its citizens. 86 87(I)The City desires to conduct a study for the purpose of considering the 88 adoption or amendment of reasonable restrictions on the time, place, and 89 manner of the operation of Cannabis Businesses as well as the other 90 regulations local units of government may adopt under the Act. 91 RS160\\1\\957617.v4 Qbhf!7!pg!88