HomeMy WebLinkAboutOrd #276 - 3rd Ser/Moratorium on the Sale of THC ORDINANCE NO. 276, THIRD SERIES
CITY OF ORONO
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN INTERIM ORDINANCE PROHIBITING THE SALE,TESTING,
MANUFACTURING,AND DISTRIBUTION OF THC PRODUCTS
The City Council of the City of Orono does ordain:
SECTION 1. BACKGROUND.
1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature
amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible
cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol,
commonly known as THC ("THC Products").
2. The new law does enact some requirements for labeling and testing, but the law
provides no parameters regulating production, compliance checks, or sales of THC
Products. The new law does not prohibit local regulation.
3. Pursuant to Minn. Stat. §462.355, subd. 4,the City is authorized to enact by ordinance
a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect
the public health, safety, and welfare. Specifically, the City is authorized to enact a
moratorium ordinance to allow it to undertake a study to determine whether to adopt
any regulations or restrictions,including siting and location of uses,related to the sales,
testing, manufacturing, and distribution of THC Products.
4. Pursuant to its general police powers, including but not limited to, Minn.
Stat. § 421.221, subd. 32,the City may enact and enforce regulations or restrictions on
THC Products within the City to protect the public safety, health, and welfare,
including restrictions and a moratorium on the use of sales,testing,manufacturing, and
distribution, during the pendency of a study to determine the need for police power
regulations, including but not necessarily limited to licensing and permitting.
SECTION 2. FINDINGS.
1. The City Council finds there is a need to study THC Products and uses and businesses
related thereto, in order to assess the necessity for and efficacy of regulation and
restrictions relating to the sales, testing, manufacturing, and distribution of THC
Products, including through licensing or zoning ordinances, in order to protect the
public health, safety, and welfares of its residents.
2. The study will allow the City Council to determine the appropriate changes,if any,that
that it should make to City ordinances.
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3. The City Council,therefore, finds that there is a need to adopt a City-wide moratorium
of the sale, testing, manufacturing, and distribution of THC Products within the City
while City staff studies the issue.
SECTION 3. MORATORIUM.
1. No individual, establishment, organization, or business may sell, test, manufacture, or
distribute THC Products for twelve (12) months from the effective date of this
ordinance.
2. The City shall not issue any license or permit related to THC Products for twelve (12)
months from the effective date of this ordinance. No license or permit application, of
any kind, by any individual, establishment, organization, or businesses involved in the
proposed sale,testing, manufacturing, or distribution of THC Products within the City
of Orono shall be accepted or considered for twelve(12)months from the effective date
of this ordinance.
3. Planning or zoning applications related to THC Products or applications from
individuals, establishments,organizations, or businesses involved in the proposed sale,
testing, manufacturing, or distribution of THC Products within the City of Orono shall
not be accepted or considered for twelve (12) months from the effective date of this
ordinance.
4. This moratorium does not apply to the selling, testing, manufacturing, or distributing
of THC Products related to the Medical Cannabis Program as administered by the
Minnesota Department of Health, provided that such activity is done in accordance
with the regulations and laws of Minnesota regarding Medical Cannabis.
SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation
regarding the sale, testing, manufacturing, or distribution of THC Products within the City of
Orono. Staff must also study the need for creating or amending zoning ordinances, licensing
ordinances, or any other ordinances to protect the citizens of Orono from any potential negative
impacts of THC Products. Upon completion of the study, the City Council, together with such
commission as the City Council deems appropriate or, as may be required by law, will consider
the advisability of adopting new ordinances or amending its current ordinances.
SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus,
injunctive relief,or other appropriate civil remedy in any court of competent jurisdiction. The City
Council hereby authorizes the City Administrator,in consultation with the City Attorney,to initiate
any legal action deemed necessary to secure compliance with this Ordinance. A violation of this
Ordinance is also subject to the City's general penalty in City Code § 1-8.
SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established
under this Ordinance shall remain in effect until twelve (12) months from its effective date, at
which point, it will automatically expire.
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SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage by the City Council.
Adopted by the City Council of the City of Orono on this 25th day of July, 2022, by a vote of
y ayes and 0 nays.
010
Dennis Walsh, Mayor
A EST:
Anna Carlson, City Clerk
Published the week of August , 2022 in the Laker/Pioneer newspapers.
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