HomeMy WebLinkAboutNo 1031 Interim Ordinance Authorizing Studies and Imposing a Moratorium on the Initiation of Sales of Cannabis ProductsOrdinance 1031
AN INTERIM ORDINANCE AUTHORIZING STUDIES AND IMPOSING A
MORATORIUM ON THE INITIATION OF SALES OF CANNABIS PRODUCTS
The City Council of the City of Maplewood ordains as follows:
Section 1. Legislative Findings and Authority
(A) There is a great deal of uncertainty regarding the effect of Minnesota Laws
2022, Chapter 98 amending Minnesota Statutes, section 151.72 (the “Act”)
regarding the sale of edible cannabinoid products (“Cannabis Products”).
(B) Because the Act received little publicity before it went into effect on July 1,
2022, the city of Maplewood (the “City”) did not have an opportunity to
study and consider the potential impacts of the Act or to engage in policy
discussions regarding the potential regulation of sale of Cannabis Products
by the City.
(C) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act
but the Act does not provide for any licensing of manufacturers or of those
who sell Cannabis Products and is silent regarding the enactment of local
regulations related to Cannabis Products.
(D) Although the Act does not expressly prohibit or limit local regulation of
Cannabis Products, the regulations established in the Act clearly do not
constitute the Legislature having occupied the field of regulation regarding
the sale of Cannabis Products.
(E) The city council finds the uncertainties associated with sale of Cannabis
Products, as well as the options for local regulation, strongly suggest the
need for a study to develop information the city council may use related to
potential regulation of Cannabis Products through the adoption of licensing
and zoning controls.
(F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the city
council is authorized to adopt an interim ordinance “to regulate, restrict, or
prohibit any use . . . within the jurisdiction or a portion thereof for a period
not to exceed one year from the date it is effective.”
(G) The city council is also authorized as part of its general police powers to
adopt business licensing requirements related to the sale of Cannabis
Products.
(H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245
N.W.2d 819 (Minn. 1976) upheld the enactment of a moratorium despite
the lack of express statutory authority as being a power inherent in a broad
grant of power to municipalities. In most cases, the enactment of business
licensing requirements is based on a city’s police powers, which is the
broadest grant of power to cities. Inherent in that broad grant of authority
is the power to place a temporary moratorium on certain business activity
to study and potentially implement licensing regulations on that business.
(I) There are both business licensing and zoning issues associated with the
sale of Cannabis Products. The city council determines it needs time to
study the matter and to consider the development and adoption of
appropriate local regulations. To protect the planning process and the
health, safety, and welfare of the residents while the City conducts its
study and the city council engages in policy discussions regarding possible
regulations, the city council determines it is in the best interests of the City
to impose a temporary moratorium on the initiation of sales of Cannabis
Products.
Section 2. Definitions.
For the purposes of this Ordinance, the following words, terms, and phrases shall have
the meanings given them in this section.
(A) “Act” means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065),
amending Minnesota Statutes, section 151.72.
(B) “Cannabis Products” means Edible Cannabinoid Product and any other
product regulated by the Act.
(C) “Edible Cannabinoid Product” has the same meaning given the term in
Minnesota Statutes, section 151.72, subdivision 1(c).
Section 3. Study.
The city council hereby authorizes and directs the City Manager or designee to conduct
a study regarding Cannabis Products and provide the city council a report on the
potential regulations of such products. The report shall include recommendations on
whether the city council should adopt regulations and, if so, the types of regulations.
The study shall consider, but is not limited to, the following:
(A) The potential impacts of the sale of Cannabis Products within the City;
(B) Licensing the sale of Cannabis Products and related regulations; and
(C) Zoning regulations related to the sale and distribution of Cannabis Products.
Section 4. Moratorium.
A moratorium is hereby imposed within the City regarding the sale of Cannabis
Products. No business, person, or entity may initiate the sale of Cannabis Products to
the public within the jurisdictional boundaries of the City following the effective date of
this Ordinance. The City shall not accept, process, or act on any application, site plan,
building permit, or zoning or other approval for a business proposing to initiate the sale
of Cannabis Products.
Section 5. Violations.
During the period the moratorium is in effect it is a violation of this Ordinance to initiate
the sale of Cannabis Products within the City.
Section 6. Exceptions.
The moratorium imposed by this Ordinance does not apply to the sale of medical
cannabis or hemp products that were lawful to sell prior to the effective date of the Act or
to the sale of Cannabis Products if sales began legally prior to the effective date of this
Ordinance.
Section 7. Enforcement.
Violation of this Ordinance is a misdemeanor. In addition, the City may enforce this
Ordinance by mandamus, injunction, other appropriate civil remedy in any court of
competent jurisdiction.
Section 8. Effective Date and Term.
This Ordinance shall be effective upon adoption and publication in the City’s official
newspaper and shall have a term of 12 months. This Ordinance shall remain in effect
until the expiration of the 12-month term, until it is expressly repealed by the city council,
or until the effective date of an ordinance amending the city code to address Cannabis
Products, whichever occurs first.
Section 9. Severability.
Every section, provision, and part of this Ordinance is declared severable from every
other section, provision, and part thereof. If any section, provision, or part of this
Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section, provision, or part of this Ordinance.
Adopted by the City of Maplewood this 22nd day of August, 2022.
_____________________
Marylee Abrams, Mayor
Attest:
Andrea Sindt, City Clerk