(A) M.S. § 151.72 expressly allows the sale of certain products that are intended to be eaten or consumed as a beverage by humans and which contain a cannabinoid in combination with food ingredients ("edible cannabinoid products"), including edible cannabinoid products which contain tetrahydrocannabinol ("THC").
(B) 2023 Session Law Chapter 63 (the "Cannabis Act") both amended regulations for edible cannabinoid products and established a framework for adult-use cannabis in the State of Minnesota. The Cannabis Act established the Office of Cannabis Management ("OCM") effective July 1, 2023, and the OCM will eventually issue licenses for all cannabis products and edible hemp products, such as edible cannabinoid products, but does not currently require a business to obtain a license to sell edible cannabinoid products.
(C) The city enacted Ordinance No. 2022-03, an interim ordinance establishing a temporary prohibition on the sale of edible cannabinoid product, which will expire on August 18, 2023, thereby leaving a regulatory gap between when businesses can begin selling edible cannabinoid products in the city and when businesses will be required to obtain a state level license to sell edible hemp products.
(D) The city recognizes that, based on the most reliable and up-to-date scientific evidence, the introduction of edible cannabinoid products containing THC presents a potential threat to the public health, safety, and welfare of the residents of Osseo and has determined that establishing a licensing framework for edible cannabinoid products is in the best interest of the city and its residents.
(E) State law does not preempt municipalities from adopting and enforcing local ordinances to regulate retailers of edible cannabinoid products including, but not limited to, establishing business licensing requirements. The Cannabis Act directs the OCM to draft administrative rules and model ordinances related to cannabis and hemp products, which may address edible cannabinoid products, but the timing and details of those regulations are uncertain. Therefore, the City Council determines it is appropriate to adopt the regulations in this chapter without delay.
(F) In making these findings and enacting this chapter, it is the intent of the city to facilitate responsible retail activities associated with edible cannabinoid products by allowing legal sale and access without promoting increases in use, and to discourage violations of edible cannabinoid products-related laws, especially those which prohibit or discourage the marketing, sale, or distribution of edible cannabinoid products to persons under the age of 21 years.
(Ord. 2023-03, passed 8-14-2023)