(A) Purpose and intent.
(1) The City Council finds the following facts to exist:
(a) Tobacco smoke is a contributor to outdoor air pollution, and breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;
(b) Health hazards induced by breathing second hand smoke include, but are not limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and
(c) The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke for which there is no known safe level of exposure.
(2) This section is adopted by the City Council for the purpose of protecting public health and safety by regulating/prohibiting the use of tobacco, electronic delivery devices, cannabis, and cannabis-derived products in public places and places of public accommodation within the city. The city wishes to be proactive in protecting public health and safety by enacting regulations that will mitigate threats presented to the public by the public use of tobacco, electronic delivery devises, and cannabis. The city recognizes the risks that unintended access and use of cannabis products present to the health, welfare, and safety of youth in the city.
(3) The Minnesota Clean Indoor Air Act authorizes local units of government to enact and enforce more stringent measures to protect individuals from secondhand smoke or involuntary exposure to aerosol or vapor from electronic delivery devices.
(4) By enacting 2023 Session Law, Chapter 63, H. F. No. 100 (“State Legislation”), the Minnesota Legislature passed the adult-use cannabis bill. Under that bill, the adult use, possession, and personal growing of cannabis will become legal August 1, 2023. State legislation authorizes adoption of a local ordinance establishing a petty misdemeanor offense for public use of cannabis. See State Legislation Sec. 19, M.S. § 152.0263, subd. 5, or successor statute.
(B) Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them except where the context clearly indicates a different meaning.
ADULT-USE CANNABIS FLOWER. Cannabis flower that is approved for sale by the Office of Cannabis Management or is substantially similar to a product approved by that office. ADULT-USE CANNABIS FLOWER does not include medical cannabis flower, hemp plant parts, or hemp-derived consumer products.
ADULT-USE CANNABIS PRODUCTS. A cannabis product that is approved for sale by the Office of Cannabis Management or is substantially similar to a product approved by that office. ADULT-USE CANNABIS PRODUCT includes edible cannabis products but does not include medical cannabinoid products or lower-potency hemp edibles.
CANNABIS FLOWER. The harvested flower, bud, leaves, and stems of a cannabis plant. CANNABIS FLOWER includes adult-use cannabis flower and medical cannabis flower. CANNABIS FLOWER does not include cannabis seed, hemp plant parts, or hemp-derived consumer products.
CANNABIS PRODUCT. Means any of the following:
(a) Cannabis concentrate;
(b) A product infused with cannabinoids, including but not limited to tetrahydrocannabinol,
extracted, or derived from cannabis plants or cannabis flower; or
(c) Any other product that contains cannabis concentrate.
ELECTRONIC DELIVERY DEVICE. The meaning of ELECTRONIC DELIVERY DEVICE shall follow M.S. § 609.685, subd. c, which states: any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product.
HEMP DERIVED CONSUMER PRODUCTS.
(a) A product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and:
1. Contains or consists of hemp plant parts; or
2. Contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients.
(b) HEMP DERIVED CONSUMER PRODUCTS do not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain.
LOWER-POTENCY HEMP EDIBLE. Means any product that:
(a) Is intended to be eaten or consumed as a beverage by humans;
(b) Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients;
(c) Is not a drug;
(d) Consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts;
(e) Does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving;
(f) Does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol;
(g) Does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
(h) Is a type of product approved for sale by the office or is substantially similar to a product approved by the Office of Cannabis Management, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods.
PUBLIC PLACE. A public park or trail, public street or sidewalk, any enclosed, indoor area used by the general public, including, but not limited to, theaters, restaurants, bars, food establishments, places licensed to sell intoxicating liquor, wine, or malt beverages, retail businesses, gyms, common areas in buildings, public shopping areas, auditoriums, arenas, or other places of public accommodation.
PLACE OF PUBLIC ACCOMMODATION. A business, refreshment, entertainment, recreation, or transportation facility of any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
PUBLIC PLACE OR PLACE OF PUBLIC ACCOMMODATION, EXCEPTION TO. “A public place” or “a place of public accommodation” does not include the following:
(a) A private residence, including the individual's curtilage or yard.
(b) A private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or
(c) On the premises of an establishment or event licensed to permit on-site consumption.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing tobacco, cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products. SMOKING includes carrying or using an activated electronic delivery device for human consumption through inhalation of aerosol or vapor from the product.
(C) Prohibited acts.
(1) No person shall use tobacco, electronic delivery devices, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use cannabis flower and adult use cannabis products. See State Legislation Sec. 9, M.S. § 342.09, subd. 1(2) or successor statute. See also State Legislation Sec. 19, M.S. § 342.09, subd. 1(7)(iii) or successor statute, and M.S. § 152.0263, subd. 5, or successor statute.
(2) No person shall vaporize or smoke cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, or vapor would be inhaled by a minor. See State Legislation Sec. 9, M.S. § 342.09, subd. 1(7)(b)(9) or successor statute.
(D) Penalty. Criminal penalty. A violation of this section shall be a petty misdemeanor having a fine payable up to $200. Nothing in this section prohibits the city from seeking prosecution for an alleged violation.
(E) Severability. If any division or provision of this section is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision.
(F) Effective date. This section shall be in full force and effect from and after its passage and publication.
(Ord. 309, passed 9-5-2023)