By enacting Laws 2022, Chapter 98, Article 13 the Minnesota Legislature amended M.S. § 151.72 and legalized the sale and adult use of certain products containing tetrahydrocannabinol (THC). The purpose of this section is to regulate the sale of products that contain THC (“THC product” or “licensed product”) and are intended for human or animal consumption, excluding “medical cannabis” as defined by M.S. § 152.22, Subdivision 6, as the same may be amended from time to time, for the following reasons:
(A) The city recognizes that, based on the most reliable and up-to-date scientific evidence, the rapid introduction of newly legalized adult-use THC products presents a significant potential threat to the public health, safety, and welfare of the residents of the city, and particularly to youth.
(B) The city has the opportunity to be proactive and make decisions that will mitigate this threat and reduce exposure of young people to the products or to the marketing of these products and improve compliance among THC product retailers with laws prohibiting the sale or marketing of THC products to minors.
(C) A local regulatory system for THC product retailers is appropriate to ensure that retailers comply with THC product laws and business standards of the city to protect the health, safety, and welfare of our youth and most vulnerable residents.
(D) State law requires THC product retailers to check the identification of purchasers to verify that they are at least 21 years of age, comply with certain packaging and labeling requirements to protect children and youth, and meet certain potency and serving size requirements.
(E) State law authorizes the Board of Pharmacy to adopt product and testing standards in part to curb the illegal sale and distribution of THC products and ensure the safety and compliance of commercially available THC products in the State of Minnesota.
(F) State law does not preempt the authority of a local jurisdiction to adopt and enforce local ordinances to regulate THC product businesses including, but not limited to, local zoning and land use requirements and business license requirements.
(G) A requirement for a THC product retailer license will not unduly burden legitimate business activities of retailers who sell or distribute THC products to adults, but will allow the city to regulate the operation of lawful businesses to discourage violations of state and local THC product-related laws.
(H) In making these findings and enacting this chapter, the City Council intends to ensure responsible THC product retailing, allow legal sale and access without promoting increases in use, and discourage violations of THC product-related laws, especially those which prohibit or discourage the marketing, sale, distribution, possession, and use of THC products to or by youth under 21 years of age.
(Ord. 23-301, passed 3-13-2022)