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HomeMy WebLinkAboutOrdinance No. 2025-14 Amending City Code Concerning Lower Potency Hemp Edibles 235506v1 ORDINANCE NO. 2025-14 AN ORDINANCE AMENDING CHAPTER 12 OF THE EDINA CITY CODE CONCERNING LOWER-POTENCY HEMP EDIBLES THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Chapter 12, Article XII, Section 12-540 is amended with the following original text, deleted text, and new text: 12-540 – Purpose and Authority The city council finds that current state law of clarifying the sale of edible and non-edible tetrahydrocannabinol ("THC") products has created a rapid introduction of new products into our community. The U.S. Surgeon General has offered guidance that THC products present a significant potential threat to public health, safety, and welfare, and particularly to youth and adolescents and their brain development. While the sale of some edible and nonedible THC products is legal in Minnesota, marijuana remains a prohibited substance under federal law and therefore the partial legalization of THC products on a state level presents special challenges. The city council finds that there is a public health necessity for regulation related to sales and distribution of THC Products lower-potency hemp edibles within the city. To balance the interests of effectively regulating THC Products while not placing an undue burden upon businesses, the city council finds that a licensing model is most appropriate to ensure compliance with the laws and business standards of city and state. The city council desires to prevent young people from consuming THC lower-potency hemp edibles illegally and to ensure that retailers sell legal THC Products lower-potency hemp edibles in a safe manner to persons of who are of legal age to consume them. This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to Minn. Stat. §§ 152.22 to 152.37. The purpose of this article is to implement the provisions of Minn. Stat. Ch. 342, which authorizes the city to protect the public health, safety, welfare of Edina residents by regulating lower-potency hemp edibles within the legal boundaries of Edina. The City of Edina has the authority to adopt this article, including but not limited to Minn. Stat. § 342.13(c), Minn. Stat. § 342.22 Minn. Stat. § 152.0263, Subd. 5, Minn. Stat. § 462.357, and Minn. Stat. § 412.221. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. Ordinance No. 2025-14 2 Section II. Chapter 12, Article XII, Section 12-541 is deleted in its entirety and replaced as follows: 12-541 – Definitions Words, terms, and phrases used in this article shall have the meanings ascribed to them in Section 12-568 of this Code. Section III. Chapter 12, Article XII, Section 12-542 is deleted in its entirety and replaced as follows: 12-542 – License and Registration Required No person may own or operate a business selling lower-potency hemp edibles within the City of Edina without obtaining, and at all times maintaining, a lower-potency hemp edible retailer license from the OCM, and a valid retail registration from the City of Edina pursuant to Section 12-569 et seq. of this Code. The enforcement provisions of this code, including but not limited to Sections 12-570 and 12-573, shall apply without limitation to all lower-potency hemp edibles retailers within the City. Nothing in this article shall prevent the City from seeking any appropriate remedy for code violations, including by seeking injunctive or monetary relief in a court of competent jurisdiction. Section IV. Chapter 12, Article XII, Sections 12-543 through 12-558 are hereby deleted and shall be removed from the City Code. Section V. Chapter 2, Article VIII, Division 2, Section 2-724 Schedule A, fees and charges, shall be amended with the following original text, deleted text, and added text: Chapter and Section Purpose of Fee/Charge Amount 12-542 THC-Infused edibles and drinks sale license $700.00 12-543 THC Edibles Sales License $720.00 Per THC Edible Establishment 12-542 Lower-Potency Hemp Edible Retailer Registration $125.00 Initial Registration $125.00 Renewal Registration Section VI. This ordinance shall be effective immediately upon its passage and publication. Ordinance No. 2025-14 3 ADOPTED this 18th day of November, 2025, by the City Council of the City of Edina, Minnesota. First Reading: November 18, 2025 Second Reading: Waived ATTEST: Sharon Allison, City Clerk James B. Hovland, Mayor Sharon Allison (Nov 21, 2025 08:19:58 CST)