Section
120.01 Administration
120.02 Registration of cannabis businesses
120.03 Requirements for cannabis businesses
120.04 Lower-potency hemp edibles
120.05 Temporary cannabis events
120.06 Local government as a cannabis retailer
120.07 Use of cannabis in public places
Cross-reference:
Tetrahydrocannabinol Product Sales, see Ch. 119
(A) Findings and purpose. The City of Perham makes the following legislative findings:
(1) The purpose of this chapter is to implement the provisions of M.S. Ch. 342, which authorizes Perham to protect the public health, safety, welfare of Perham residents by regulating cannabis businesses within the legal boundaries of the City of Perham.
(2) The City of Perham finds and concludes that the proposed provisions are appropriate and lawful land use regulations for the City of Perham, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
(B) Authority and jurisdiction. The City of Perham has the authority to adopt this chapter pursuant to:
(1) M.S. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.
(2) M.S. § 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
(3) M.S. § 152.0263, Subd. 5, regarding the use of cannabis in public places.
(4) M.S. § 462.357, regarding the authority of a local authority to adopt zoning ordinances.
(5) This chapter shall be applicable to the legal boundaries of the City of Perham.
(C) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(D) Enforcement. The City Manager and/or their designees are responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity listed in this chapter.
(E) Definitions. Unless otherwise noted in this section, words and phrases contained in M.S. § 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this chapter. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.
CANNABIS RETAIL BUSINESS. A retail location and the retail location(s) of mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers.
CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
DAYCARE. A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
EDIBLE CANNABIS PRODUCT. Any product that is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other than artificially derived cannabinoid in combination with food ingredients; is not a drug; and is a type of product approved for sale by OCM, or is substantially similar to a product approved by OCM, including but not limited to products that resemble nonalcohol beverages, candy, and baked goods. EDIBLE CANNABIS PRODUCT does not include lower-potency hemp edibles.
LOWER-POTENCY HEMP EDIBLE.
(a) As defined under M.S. § 342.01, Subd. 50, a product that:
1. Is intended to be eaten or consumed as a beverage by humans;
2. Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients;
3. Is not a drug;
4. Does not contain a cannabinoid derived from cannabis plants or cannabis flower;
5. Is a type of product approved for sale by OCM or is substantially similar to a product approved by OCM, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods; and
6. Meets either of the requirements as set forth in division (b)2. of this definition.
(b) A LOWER-POTENCY HEMP EDIBLE includes:
1. A product that:
a. Consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; any other cannabinoid authorized by OCM; or any combination of those cannabinoids that does not exceed the identified amounts;
b. Does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and
c. Does not contain artificially derived cannabinoid other than delta-9 tetrahydrocannabinol, except that a product may include artificially derived cannabinoids created during the process of creating the delta-9 tetrahydrocannabinol and the ratio of delta-I tetrahydrocannabinol to all other artificially derived cannabinoids is no less than 20 to one; or
2. A product that:
a. Contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and
b. Consists of servings that contain no more than five milligrams of total THC.
LOWER-POTENCY HEMP EDIBLE RETAILER. A business with a license or endorsement to sell lower-potency hemp edible products to the public from the Office of Cannabis Management.
OFFICE OF CANNABIS MANAGEMENT. Minnesota Office of Cannabis Management, referred to as "OCM" in this chapter.
PLACE OF PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
PRELIMINARY LICENSE APPROVAL. OCM pre-approval for a cannabis business license for applicants who qualify under M.S. § 342.17.
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, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.
RESIDENTIAL TREATMENT FACILITY. As defined under M.S. § 245.462, Subd. 23.
RETAIL REGISTRATION. An approved registration issued by the City of Perham to a state-licensed cannabis retail business.
SCHOOL. A public school as defined under M.S. § 120A.05 or a nonpublic school that must meet the reporting requirements under M.S. § 120A.24.
STATE LICENSE. An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.
(Ord. 438, passed 11-12-24) Penalty, see § 10.99
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