(A) The Minnesota Legislature recently enacted, and the Governor signed, 2023 Minnesota Session Laws, Chapter 63 - H.F. No. 100 (the "Act"), which is comprehensive legislation relating to cannabis including, but not limited to, the establishment of the Office of Cannabis Management ("OCM"), legalizing and limiting the possession and use of cannabis and certain hemp products by adults, providing for the licensing, inspection, and regulation of cannabis and hemp businesses, taxing the sale of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan programs, amending criminal penalties, providing for expungement of certain convictions, and providing for the temporary regulation of edible cannabinoid products.
(B) The Act provides local units of government certain authority related to cannabis business, including the authority to (i) require local registration of certain cannabis business operating retail establishments, (ii) adopt reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, provided that such restrictions do not prohibit the establishment or operation of a cannabis business, (iii) limit the number of certain cannabis businesses based on the population of the community, and (iv) prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.
(C) The Act requires the OCM, which was established effective July 1, 2023, to work with local governments to develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of cannabis business. The Act also requires the OCM to establish additional rules and regulations relating to the operation of cannabis businesses. It is anticipated that the City of Granite Falls (the "City") will benefit from reviewing and analyzing the OCM's model ordinances, rules and regulations before making any decisions related to the regulation of cannabis businesses in the city.
(D) M.S. § 342.13(e) expressly allows a local unit of government that is conducting studies or has authorized a study to be conducted or has held or scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of cannabis businesses to adopt an interim chapter applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the jurisdiction or a portion thereof until January 1, 2025.
(E) Given the uncertainty regarding the model ordinances to be developed by the OCM and the broad scope of the changes to Minnesota law brought about by the Act, the city desires to adopt an interim chapter for the purpose of protecting the planning process and the health, safety, and welfare of its citizens.
(F) The city desires to conduct a study for the purpose of considering the adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of cannabis businesses as well as the other regulations local units of government may adopt under the Act.
(G) On August 7, 2023, after providing at least 10 days published notice, the City Council held a public hearing regarding the consideration and adoption of an interim chapter prohibiting the operation of cannabis businesses within the city until January 1, 2025.
(Ord. 217, passed 8-7-2023)