HomeMy WebLinkAboutNo 1040 An Interim Ordinance Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis Businesses1
ORDINANCE NO. 1040
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES
The City Council of the City o f Maplewood ordains as follows:
ARTICLE I. Authority and Legislative Findings.
A.The Minnesota Legislature recently enacted and Governor Walz signed 2023 Minnesota
Session Laws, Chapter 63 – H.F. No. 100 (“Act”), codified as Minnesota Statutes, sections
342.01, et seq., 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 businesses 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 certain
edible cannabinoid products.
B.The Act provides local units of government certain authority related to cannabis businesses,
including the authority to (1) 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 businesses, (2) limit the number of certain
cannabis businesses based on the population of the community, (3) 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, and (4) require local registration of certain
cannabis businesses operating retail establishments,.
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 businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of cannabis businesses.
Maplewood 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.Minnesota Statutes, section 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
ordinance 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
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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, Maplewood
desires to adopt an interim ordinance for the purpose of protecting the planning process
and the health, safety, and welfare of its citizens.
F.Maplewood 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 14, 2023, after providing at least 10 days published notice, the City Council
held a public hearing regarding the consideration and adoption of an interim ordinance
prohibit ing the operation of cannabis businesses within the City until January 1, 2025.
ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the
meanings given them in this section.
(a)“Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100), codified as
Minnesota Statutes, sections 342.01, et seq.
(b)“Cannabis Business” has the meaning given the term in Minnesota Statutes, section
342.01, subd. 14.
(c)“City” means the City of Maplewood, Minnesota.
(d)“Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subd. 1(f).
(e)“OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
(f)“Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City
Manager to have City staff and consultants conduct a study regarding the adoption or amendment
of reasonable restrictions on the time, place, and manner of the operation of Cannabis Businesses,
as well as the other potential local regulations allowed under the Act, and report to the City Council
on the potential regulation of Cannabis Businesses. The study must include a review of the model
ordinance s the OCM is directed to draft under Minnesota Statutes, section 342.13(d), an analysis
of potential setback regulations allowed under Minnesota Statues, section 342.13(c), and such
other matters as staff may determine are relevant to the City Council’s consideration of this matter.
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The report shall include the City staff’s recommendations on whether the City Council should
adopt regulations and, if so, the recommended types of regulations.
ARTICLE IV. Moratorium. A moratorium is hereby imposed regarding the operation of a
Cannabis Business within the City. During the term of this Ordinance, no business, person, or
entity may establish or operate a Cannabis Business within Maplewood. The City shall not accept,
process, or act on any application, site plan, building permit, zoning request, or other approval,
including any requested confirmation, certification, approval, or other request from the OCM or
other governmental entity requesting City review of any application or proposal for a business
proposing to engage in the operation of a Cannabis Business.
ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance for
any business, person, or entity to establish or operate a Cannabis Business within the City.
ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the
continued operation of a business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023;
(2)the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section
151.72; or (3) sales of Edible Cannabinoid Products at an exclusive liquor store in accordance with
Minnesota Statutes, section 340A.412, subd. 14. Nothing in this Article exempts a business,
person, or entity that is selling Edible Cannabinoid Products from having to comply with all
requirements and prohibitions of applicable laws and ordinances.
ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also
enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of
competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalty
in City Code and may result in the City reporting the violation to the OCM if relevant to OCM
licensing. The City Council hereby authorizes the City Manager, in consultation with the City
Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance.
ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication
after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed
earlier upon the effective date of an ordinance adopting or amend ing reasonable restrictions on the
time, place and manner of the operation of a Cannabis Business within the City.
ARTICLE IX. 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.
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Adopted by the City of Maplewood this 14th day of August, 2023.
____________________________
Marylee Abrams, Mayor
ATTEST: _________________________
Andrea Sindt, City Clerk