3. City Attorney Report - Cannabis Moratorium and Public Use
Staff Report
Date: July 28, 2023
To: Mayor and City Council
From: Eric Larson, City Attorney
Re: Cannabis and Hemp Moratorium and Ordinance Public Use
Prohibitions
This Scandia City Attorney Memorandum supplements the City Attorney Memorandum, dated
July 14, 2023, and is a follow up to the Scandia City Council Meeting held on Tuesday, July 18,
2023.
Moratorium:
The Cannabis/Hemp Moratorium that did not require a public hearing was to be considered at the
August 2, 2023 workshop; the Council decided to continue discussion on this proposed
moratorium to the Wednesday, August 2nd Workshop, but during the August 2, 2023 City
Council meeting discussions were had on making sure that the moratorium did not affect current
lawful sales, possession, and uses of cannabinoid products. Attached is the revised Interim
Ordinance that per Section 1(3) and (4) exclude Edible Cannabinoid Products and Industrial
Hemp. But given the upcoming August 15th public hearing, the 13-day risk to the City without a
moratorium as a very low risk; as a result, the City Council can certainly approve the attached
Interim Ordinance or decide not to approve and address a cannabis and hemp business
moratorium at the August 15th public hearing.
Public Use Prohibition:
If the City Council would also like to consider the proposed Code amendment prohibiting
Cannabis Public Use, which was also part of Tuesday, July 18, 2023 City Council Meeting, I
provided two alternatives: (1) prohibit the consumption of cannabis drinks and the smoking of
cannabis or (2) prohibit smoking of cannabis, not cannabis beverage consumption. I could create
a third option: prohibit the beverage consumption, not smoking, but my sense of the Council was
that between the two, smoking was the more likely activity to be prohibited.
Attachments:
Interim Ordinance
Code - Public Place Prohibitions
CITY OF SCANDIA
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2023-07
AN INTERIM ORDINANCE OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA,
PROHIBITING THE ESTABLISHMENT OF NEW USES RELATED TO THE OPERATION OF CANNABIS
BUSINESSES AND HEMP BUSINESSES FOR ONE YEAR UNDER MINNESOTA STATUTE 462.355
SUBDIVISION 4.
THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN:
Section 1. The purpose of this interim ordinance is to protect the planning process and the health,
safety, and welfare of the City of Scandia for the following reasons:
(1) The State of Minnesota established the Office of Cannabis Management,
tasked with issuing licenses for the operation of cannabis businesses and hemp
businesses in Chapter 63 of Minnesota Session Law – 2023, Regular Session.
(2) Chapter 63 of Minnesota Session Law – 2023, Regular Session does not include
a date for the Office of Cannabis Management to begin issuing licenses to
cannabis businesses and hemp businesses.
(3) Sales of Edible Cannabinoid Products are not subject to this Interim Moratorium
Ordinance as sales of Edible Cannabinoid Products are not Hemp Businesses under
Minnesota Statute until 2025. Sales of Edible Cannabinoid Products are subject to
Interim Moratorium Ordinance 887, which ends on September 12, 2023. Edible
Cannabinoid Products are legal for sale under Minnesota Statutes Section 151.72
through March 1, 2025, after which sales of Edible Cannabinoid Products will require a
Hemp Business license from the Office of Cannabis Management.
(4) Activities lawful under the Industrial Hemp Act, Minnesota Statutes Chapter
18K are not subject to this Interim Moratorium Ordinance.
Section 2. Pursuant to Minnesota Statutes, Section 462.355, subdivision 4, City Staff is directed to
conduct a study to gather information and make a recommendation to the Council to determine if the
City of Scandia official controls as defined in Minn. Stat. §462.352, subd. 15. need to be amended
regarding the uses related to the operation of cannabis businesses and hemp businesses, and if so, what
regulations are appropriate.
Section 3. Pursuant to Minnesota Statutes, Section 462.355, subdivision 4, no business, person, or
entity may establish a cannabis business or hemp business for a period of up to twelve (12) months from
the effective date of this ordinance or until the ordinance regulating such uses become effective or until
the Council rescinds this Interim Ordinance, whichever occurs first.
Section 4. This interim ordinance shall be in full force and effect from and after its passage and
publication according to law.
Passed and adopted by the City Council of the City of Scandia, Washington County, Minnesota, this 2nd
day of August, 2023.
__________________________
Christine Maefsky
Mayor
Attest:
(Seal)
_________________________
Kyle Morell
City Administrator
ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA
REGULATING THE SMOKING OF CANNABIS FLOWER, CANNABIS PRODUCTS, LOWER-
POTENCY HEMP EDIBLES, OR HEMP-DERIVED CONSUMER PRODUCTS IN PUBLIC
PLACES.
THE CITY COUNCIL OF THE CITY OF SCANDIA DOES HEREBY ORDAIN:
That TITLE XII, Use of Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles or Hemp-
Derived Consumer Products in Public Places, is hereby added to the City of Scandia, Minnesota Code of
Ordinance.
TITLE XII, Use of Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles or Hemp-Derived
Consumer Products in Public Places
Section 120.01. Definitions.
Public Place. Any place excluding the following:
(a) A private residence, including a person’s curtilage or yard;
(b) Private property not generally accessible by the public, unless the person is explicitly
prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products on the property by the owner of the property; or
(c) The premises of an establishment or event licensed to permit on-site consumption or use.
Section 120.03. Prohibited Activity.
Smoking cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products is prohibited in a Public Place. Smoking is inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, pipe, or any other lighted or heated product that is intended for inhalation.
Smoking includes carrying or using an activated electronic delivery device, as defined in Minn. Stat. §
609.685.
Section 120.04. Violation.
Any person who engages in the activity prohibited under Title XII in a Public Place is guilty of a petty
misdemeanor.
Effective Date.
This ordinance shall take effect from and after its passage and publication as required by law.
Passed and adopted by the City Council of the City of Scandia, Washington County, Minnesota, this 2nd
day of August 2023.
ATTEST:
___________________________________ ______________________________
Kyle Morell, City Administrator Christine Maefsky, Mayor
ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA
REGULATING THE SMOKING AND DRINKING OF CANNABIS FLOWER, CANNABIS
PRODUCTS, LOWER-POTENCY HEMP EDIBLES OR HEMP-DERIVED CONSUMER
PRODUCTS IN PUBLIC PLACES.
THE CITY COUNCIL OF THE CITY OF SCANDIA DOES HEREBY ORDAIN:
That TITLE XII, Use of Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles or Hemp-
Derived Consumer Products in Public Places is hereby added to the City of Scandia, Minnesota Code of
Ordinance.
TITLE XII, Use of Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles or Hemp-Derived
Consumer Products in Public Places
Section 120.01. Definitions.
Public Place. Any place excluding the following:
(d) A private residence, including a person’s curtilage or yard;
(e) Private property not generally accessible by the public, unless the person is explicitly
prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products on the property by the owner of the property; or
(f) The premises of an establishment or event licensed to permit on-site consumption or use.
Section 120.03. Prohibited Activity.
(A) The consumption of beverages containing or classified as cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived as defined in M.S.A. § 342.101, is prohibited
in all public places, including public streets, sidewalks, and parking areas, except in a place where such
is sold or served under the authority of a license lawfully issued or except in a designated picnic area
within a public park. Glass containers are not allowed in a public park.
(B) Smoking cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-
derived consumer products is prohibited in public places. Smoking is inhaling, exhaling, burning, or
carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product that is intended
for inhalation. Smoking includes carrying or using an activated electronic delivery device, as defined in
Minn. Stat. §609.685.
Section 120.04. Violation.
Any person engages in the above noted prohibited activity in a Public Place is guilty of a petty
misdemeanor.
Effective Date.
This ordinance shall take effect from and after its passage and publication as required by law.
Passed and adopted by the City Council of the City of Scandia, Washington County, Minnesota, this 2nd
day of August, 2023.
ATTEST:
___________________________________ ______________________________
Kyle Morell, City Administrator Christine Maefsky, Mayor