HomeMy WebLinkAboutOrdinance No. 2022-06 INTERIM ORDINANCE CANNABIS MORATORIUM EDINA222594v1
ORDINANCE NO. 2022-06
AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING,
AND DISTRIBUTION OF THC PRODUCTS
NOW, THEREFORE, the City Council of the City of Edina does ordain:
SECTION 1. BACKGROUND.
1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended
Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that
contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC (“THC
Products”).
2. The new law does enact some requirements for labeling and testing, but the law provides no
parameters regulating production, compliance checks, or sales of THC Products. The new
law does not prohibit local regulation.
3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a
moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the
public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium
ordinance to allow it to undertake a study to determine whether to adopt any regulations or
restrictions, including siting and location of uses, related to the sales, testing, manufacturing,
and distribution of THC Products.
4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd.
32, the City may enact and enforce regulations or restrictions on THC Products within the
City to protect the public safety, health, and welfare, including restrictions and a moratorium
on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to
determine the need for police power regulations, including but not necessarily limited to
licensing and permitting.
SECTION 2. FINDINGS.
1. The City Council finds there is a need to study THC Products and uses and businesses related
thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating
to the sales, testing, manufacturing, and distribution of THC Products, including through
licensing or zoning ordinances, in order to protect the public health, safety, and welfares of
its residents.
2. The study will allow the City Council to determine the appropriate changes, if any, that that
it should make to City ordinances.
3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of
the sale, testing, manufacturing, and distribution of THC Products within the City while City
staff studies the issue.
SECTION 3. MORATORIUM.
1. No individual, establishment, organization, or business may sell, test, manufacture, or
distribute THC Products for twelve (12) months from the effective date of this ordinance.
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2. The City shall not issue any license or permit related to THC Products or twelve (12) months
from the effective date of this ordinance. No license or permit application, of any kind, by
any individual, establishment, organization, or businesses involved in the proposed sale, testing,
manufacturing, or distribution of THC Products within the City of Edina shall be accepted or
considered for twelve (12) months from the effective date of this ordinance.
3. Planning or zoning applications related to THC Products or applications from individuals,
establishments, organizations, or businesses involved in the proposed sale, testing,
manufacturing, or distribution of THC Products within the City of Edina shall not be accepted
or considered for twelve (12) months from the effective date of this ordinance.
SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation
regarding the sale, testing, manufacturing, or distribution of THC Products within the City of Edina. Staff
must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other
ordinances to protect the citizens of Edina from any potential negative impacts of THC Products. Upon
completion of the study, the City Council, together with such commission as the City Council deems
appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or
amending its current ordinances.
SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief,
or other appropriate civil remedy in any court of competent jurisdiction. 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. A violation of this Ordinance is also subject to the
City’s general penalty in City Code § Sec. 1-18 subd. (b).
SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under
this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will
automatically expire.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage by the City Council.
This ordinance is effective upon adoption.
First reading: July 19, 2022
Second reading: August 3, 2022
ATTEST:
______________________________ _________________________________
Sharon Allison, City Clerk James B. Hovland, Mayor
Please publish in the Edina Sun Current on:
Send two affidavits of publication
Bill to Edina City Clerk