HomeMy WebLinkAboutOrd #285 - 3rd - Cannabis MoratoriumCITY OF ORONO
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN INTERIM ORDINANCE PROHIBITING THE OPERATION
OF CANNABIS BUSINESSES
The City Council of the City of Orono does ordain:
SECTION 1. BACKGROUND.
1. By enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted Minn.
Stat. Chapter 342, legalizing adult -use cannabis and permitting the operation of cannabis
businesses and the sale of cannabis flower and cannabis products for human consumption.
This law creates a new agency, the Office of Cannabis Management, to regulate the
sales of cannabis products.
2. Chapter 342 also establishes new regulations for the sale oflower-potency hemp products
containing THC.
3. The new law does enact some requirements for production, labeling and testing, and sale
of cannabis and hemp products at the state government level. However, the new law
creates uncertainty that will need to be resolved by the passage of further regulations by
the Office.
4. The new law establishes that the sale of cannabis- and THC-containing products are still
subject to local planning and zoning restrictions, and must comply with local zoning code.
The new law provides no guidance on how cities are to zone the new businesses, leaving
it to local control.
5. Pursuant to Minn. Stat. § 342.13(e), a unit of local government may adopt an interim
ordinance to protect the planning process and the health, safety, and welfare of its
citizens. Prior to adopting the interim ordinance, the governing body must hold a public
hearing on the topic. The interim ordinance may regulate, restrict, or prohibit the
operation of any cannabis business within the local government's jurisdiction until
January 1, 2025.
SECTION 2. FINDINGS.
1. The City Council finds there is a need to study Cannabis Products and the 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
Cannabis Products, including through zoning ordinances, in order to protect the public
health, safety, and welfares of its residents.
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2. The study will allow the City Council to determine the appropriate changes, if any, that
that it should make to City ordinances.
3. The study was discussed before the City Council at a public hearing held on
Nn�W) 27 , 2023.
4. After considering the information available to it, including the testimony of members
of the public at the public hearing convened for that purpose, the City Council finds
that there is a need to adopt a City-wide moratorium on the operation of any Cannabis
Business within the City while Staff studies the issue.
SECTION 3. MORATORIUM.
1. No individual, establishment, organization, or other entity may open or operate any
cannabis business within the City until January 1, 2025.
2. Planning or zoning applications related to Cannabis Products or applications from
individuals, establishments, organizations, or businesses involved in the proposed sale,
testing, manufacturing, or distribution of Cannabis Products within the City of Orono
shall not be accepted or considered while the moratorium is in effect
3. 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 Cannabis Products and the operation
A Cannabis Businesses within the City of Orono. Staff must also study the need for creating or
amending zoning ordinances or any other ordinances to protect the citizens of Orono from any
potential negative impacts of Cannabis Products or Cannabis Businesses. 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 January 1, 2025, at which point, it will
automatically expire.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately
from and after its passage by the City Council, and shall be published.
Passed this 2% day of 1 U 520236
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Dennis Walsh, Mayor