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07-25-2022 Council Packet
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07-25-2022 Council Packet
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222747v1 <br /> <br />ORDINANCE NO. 276, THIRD SERIES <br />CITY OF ORONO <br />COUNTY OF HENNEPIN <br /> STATE OF MINNESOTA <br /> <br /> <br />AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, <br />MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS <br /> <br />The City Council of the City of Orono does ordain: <br /> <br />SECTION 1. BACKGROUND. <br /> <br />1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature <br />amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible <br />cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol, <br />commonly known as THC (“THC Products”). <br /> <br />2. The new law does enact some requirements for labeling and testing, but the law <br />provides no parameters regulating production, compliance checks, or sales of THC <br />Products. The new law does not prohibit local regulation. <br /> <br />3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance <br />a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect <br />the public health, safety, and welfare. Specifically, the City is authorized to enact a <br />moratorium ordinance to allow it to undertake a study to determine whether to adopt <br />any regulations or restrictions, including siting and location of uses, related to the sales, <br />testing, manufacturing, and distribution of THC Products. <br /> <br />4. Pursuant to its general police powers, including but not limited to, Minn. <br />Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on <br />THC Products within the City to protect the public safety, health, and welfare, <br />including restrictions and a moratorium on the use of sales, testing, manufacturing, and <br />distribution, during the pendency of a study to determine the need for police power <br />regulations, including but not necessarily limited to licensing and permitting. <br /> <br />SECTION 2. FINDINGS. <br /> <br />1. The City Council finds there is a need to study THC Products and uses and businesses <br />related thereto, in order to assess the necessity for and efficacy of regulation and <br />restrictions relating to the sales, testing, manufacturing, and distribution of THC <br />Products, including through licensing or zoning ordinances, in order to protect the <br />public health, safety, and welfares of its residents. <br /> <br />2. The study will allow the City Council to determine the appropriate changes, if any, that <br />that it should make to City ordinances.
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