03. Draft Cannabis Ordinance Update Staff Report
Date of Meeting: September 4, 2024
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Draft Cannabis Language
Background:
At our Special Meeting on July 24, the Council viewed a presentation by Christina Benson from
Eckberg & Lammers about the new cannabis and hemp rules and regulations. We discussed using
the Office of Cannabis Management to help draft the needed additions to the City Code and using
some of our existing zoning language to help make changes to our allowed uses section of the
Unified Development Code.
The draft UDC language and draft model ordinance language are attached. The UDC language
includes additions to sections 153.600 Master Glossary and 153.300 Allowed Uses. The model
ordinance language likely becomes Chapter 115 of the City Code. I am still working with City
Attorney Christina Benson on the model language, but I should have a complete draft for you by the
work session. Both items are presented for review only. Let me know if you have any comments or
questions, and we can resume our discussion at the September 17 Regular Meeting.
Attachments:
Draft Cannabis Uses Language
Draft Cannabis Ordinance
153.600 MASTER GLOSSARY
Agriculture, Commercial Outdoor Cannabis: See “Cannabis cultivation”.
Agriculture, Commercial Indoor Cannabis: See “Cannabis cultivation”.
Cannabis cultivation: Growing cannabis plants from seed or immature plant to mature plant,
harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis
plants and seedlings and cannabis flower for sale.
Cannabis, Event: A cannabis business that conducts an operation pursuant to Minnesota Statute
Section 342.40.
Cannabis, Mezzobusiness: A cannabis business that conducts an operation pursuant to Minnesota
Statute Section 342.29.
Cannabis, Microbusiness: A cannabis business that conducts an operation pursuant to Minnesota
Statute Section 342.28.
Cannabis sales: The sale of cannabis plants and seedlings, adult-use cannabis flower, and adult use
cannabis products directly to consumers.
Cannabis, Testing Facility: A cannabis business that conducts an operation pursuant to
Minnesota Statute Section 342.38.
Lower-Potency Hemp Edible, Light Manufacturing: A hemp business that conducts an
operation pursuant to Minnesota Statute Section 342.45.
Lower-Potency Hemp Edible sales: The sale of lower-potency hemp edibles, that have been
obtained from a licensed Minnesota cannabis microbusiness, cannabis mezzobusiness, cannabis
manufacturer, cannabis wholesaler, or lower-potency hemp edible manufacturer, directly to
consumers.
153.300 ALLOWED USES
BASE ZONING DISTRICTS
A-P AG-C RR-G RR-N V-N V-C V-HC R-C I-P Use Specific
Section
Reference
Agriculture,
Commercial Outdoor
Cannabis
P P P 153.300.030
Subd. 1 (A)
Agriculture,
Commercial Indoor
Cannabis
CUP CUP CUP 153.300.030
Subd. 1 (B)
Cannabis sales P P P P
Cannabis,
Mezzobusiness CUP CUP P P 153.300.030
Subd. 1 (D)
Cannabis,
Microbusiness CUP CUP P P
Light Manufacturing,
Cannabis CUP 153.300.030
Subd. 1 (E)
Wholesaling,
Cannabis P 153.300.030
Subd. 1 (F)
Laboratories, Medical,
Research, and Testing CUP
153.300.030 USE SPECIFIC REGULATIONS
Subd. 1. Summary. The following performance standards are established and must be met to
obtain the applicable permit as identified on Table 2. Table of Uses by Base Zoning District. The
standards which follow are the minimum required standards, and if listed as a conditional use,
additional standards or reasonable conditions may be placed on any approved permit for the
requested use. All uses shall comply with the rules and regulations of the Base Zoning District,
Special District and Overlay Districts where applicable. Any use must also meet the rules and
regulations any other applicable agencies with jurisdiction of the subject use including Local, State
and Federal agencies.
(A) Agriculture, Commercial Outdoor Cannabis. As a principal or accessory use, commercial
outdoor cannabis is allowed, subject to the following standards:
I. Must be licensed by the State of Minnesota and in compliance with the standards set
by the Office of Cannabis Management.
II. Any area used to cultivate or grow cannabis must meet the following setbacks:
Horizontal Setbacks (Minimum)
Any property line 50 feet
Minor Arterial Street 150 Feet from centerline, or 75 Feet
from ROW, whichever is greater
Major or Minor Collector Street 100 Feet from centerline, or 50 Feet
from ROW, whichever is greater
Any other Public Street 40 Feet
III. Any area where cannabis is grown, handled, or packaged shall be completely fenced
as required by the Office of Cannabis Management and equipped with an emergency
key box.
(B) Agriculture, Commercial Indoor Cannabis. As a principal or accessory use, commercial indoor
cannabis agriculture or cultivation is allowed as a conditional use, subject to the following
standards:
I. Must be licensed by the State of Minnesota and in compliance with the standards set
by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.
II. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and
the Office of Cannabis Management.
III. Any structure shall comply with the applicable character area standards set forth in
Section 153.400.040.
a. Indoor cannabis cultivation and growing facilities within the A-P or AG-C
Districts must be designed to appear like traditional agricultural structures
and must be consistent with the character of the area.
IV. The facility shall not produce noxious or nuisance causing odors, subject to the
following conditions:
a. The facility shall be ventilated so that all odors cannot be detected by a
person with a normal sense of smell at the exterior of the facility or at any
adjoining use or property.
b. Growing cannabis must comply with all applicable laws and shall not
produce noxious or dangerous gases or odors or otherwise create a danger
to any person or entity in or near the facilities.
c. The applicant shall provide plans that show appropriate odor control
systems so as not to produce any noxious or dangerous gases or odors or
create any dangers to any person or entity in or near the facility.
d. An odor maintenance plan must be submitted to the City and approved by
the City’s consultant.
V. All mechanical, odor suppression equipment, and trash enclosures must be screened.
VI. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited.
VII. Lighting
a. All site lighting must meet City Code requirements. All light fixtures must
be downward directed with cut-offs and be architecturally designed to
match the overall design of the building.
b. The specifications of all light fixtures must be provided by the City with
the application for a building permit.
c. A photometric plan must be submitted to the City prior to the issuance of
a building permit indicating light measure at the property line.
d. Lighting within a greenhouse is permitted between the hours of 4:30 a.m.
and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-
candles at any time.
VIII. Water and Wastewater
a. Management of wastewater shall be in accordance with the Office of
Cannabis Management, Minnesota Pollution Control Agency, or local
ordinances. Where multiple standards exist, the more restrictive of the
standards shall apply.
b. Water use within the site shall be designed to maximize the amount of
water reuse possible.
(C) Cannabis, Microbusiness. As a principal or accessory use, subject to the following standards:
I. Must be licensed by the State of Minnesota and in compliance with the standards set
by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.
II. Cannabis cultivation shall conform with the standards established in Section
[153.300.030 Subd. 1 (_)].
III. Manufacturing and processing cannabis shall conform with the standards established
in Section [153.300.030 Subd. 1 (_)].
(D) Cannabis, Mezzobusiness. As a principal or accessory use subject to the following standards:
I. Must be licensed by the State of Minnesota and in compliance with the standards set
by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.
II. Cannabis cultivation shall conform with the standards established in Section
[153.300.030 Subd. 1 (_)].
III. Manufacturing and processing cannabis shall conform with the standards established
in Section [153.300.030 Subd. 1 (_)].
(E) Light Manufacturing, Cannabis. As a principal use, cannabis manufacturing is allowed, subject
to the following standards:
I. Must be licensed by the State of Minnesota and in compliance with the standards set
by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.
II. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and
the Office of Cannabis Management.
III. Any structure shall comply with the applicable character area standards set forth in
Section 153.400.040.
IV. Warehousing and distribution are allowed as an accessory use to cannabis
manufacturing, subject to the following standards:
a. Exterior Storage is permitted as an accessory use to the permitted use
provided it meets the following standards:
1. The exterior storage area must be located to the rear of the building.
2. The exterior storage area must be fenced and screened from view of
the public right-of-way, State, County, and City roadways, and all
property lines.
b. All loading and unloading areas to the facility must be screened from view
of the public right-of-way and State, County, and City roadways.
c. Landscaping and screening must be provided according to the
requirements of Section [153.400.060].
V. The facility shall not produce noxious or nuisance causing odors, subject to the
following conditions:
a. The facility shall be ventilated so that all odors cannot be detected by a
person with a normal sense of smell at the exterior of the facility or at any
adjoining use or property.
b. Cannabis cultivation must comply with all applicable laws and shall not
produce noxious or dangerous gases or odors or otherwise create a danger
to any person or entity in or near the facilities.
c. The applicant shall provide to the City verification from a qualified
industrial hygienist that the facility provides appropriate odor control
systems so as not to produce any noxious or dangerous gases or odors or
create any dangers to any person or entity in or near the facility.
d. An odor maintenance plan must be submitted to the City and approved by
the City’s consultant.
e. Monitoring shall be conducted at the monitoring locations no less than bi-
weekly and the data provided to the City twice annually.
VI. All mechanical, odor suppression equipment, and trash enclosures must be screened
VII. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited.
VIII. Lighting
a. All site lighting must meet City Code requirements. All light fixtures must
be downward directed with cut-offs and be architecturally designed to
match the overall design of the building.
b. The specifications of all light fixtures must be provided by the City with
the application for a building permit.
c. A photometric plan must be submitted to the City prior to the issuance of
a building permit indicating light measure at the property line.
IX. Water and Wastewater
a. Management of wastewater shall be in accordance with the Office of
Cannabis Management, Minnesota Pollution Control Agency, or local
ordinances. Where multiple standards exist, the more restrictive of the
standards shall apply.
b. Water use within the site shall be designed to maximize the amount of
water reuse possible.
(F) Wholesaling, Cannabis. As a principal use, cannabis wholesaling is allowed, subject to the
following standards:
I. Must be licensed by the State of Minnesota and in compliance with the standards set
by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management.
II. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and
the Office of Cannabis Management.
III. Any structure shall comply with the applicable character area standards set forth in
Section 153.400.040.
IV. Warehousing and distribution are allowed as an accessory use to cannabis
wholesaling, subject to the following standards:
a. Exterior Storage is permitted as an accessory use to the permitted use
provided it meets the following standards:
1. The exterior storage area must be located to the rear of the building.
2. The exterior storage area must be fenced and screened from view of
the public right-of-way, State, County, and City roadways, and all
property lines.
b. All loading and unloading areas to the facility must be screened from view
of the public right-of-way and State, County, and City roadways.
c. Landscaping and screening must be provided according to the
requirements of Section [153.400.060].
V. The facility shall not produce noxious or nuisance causing odors, subject to the
following conditions:
a. The facility shall be ventilated so that all odors cannot be detected by a
person with a normal sense of smell at the exterior of the facility or at any
adjoining use or property.
b. Cannabis cultivation must comply with all applicable laws and shall not
produce noxious or dangerous gases or odors or otherwise create a danger
to any person or entity in or near the facilities.
c. The applicant shall provide plans that show appropriate odor control
systems so as not to produce any noxious or dangerous gases or odors or
create any dangers to any person or entity in or near the facility.
d. An odor maintenance plan must be submitted to the City and approved by
the City’s consultant.
VI. All mechanical, odor suppression equipment, and trash enclosures must be screened
VII. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited.
VIII. Lighting
a. All site lighting must meet City Code requirements. All light fixtures must
be downward directed with cut-offs and be architecturally designed to
match the overall design of the building.
b. The specifications of all light fixtures must be provided by the City with
the application for a building permit.
c. A photometric plan must be submitted to the City prior to the issuance of
a building permit indicating light measure at the property line.
Cannabis Model Ordinance
The following model ordinance is meant to be used as a resource for cities, counties, and townships within
Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering
using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction.
Certain items are not required to be included in the adopted ordinance: ‘OR’ and (optional) are placed
throughout for areas where a jurisdiction may want to consider one or more choices on language.
Section 1 Administration
Section 2 Registration of Cannabis Business
Section 3 Requirements for a Cannabis Business (Time, Place, Manner)
Section 4 Temporary Cannabis Events
Section 5 Lower Potency Hemp Edibles
Section 6 Local Government as a Retailer Section 7 Use of Cannabis in Public
AN ORDINANCE OF THE (CITY/COUNTY OF SCANDIA) TO REGULATE
CANNABIS BUSINESSES
The (city council/town board/county board) of (city/town/county) hereby ordains:
Section 1. Administration
1.1 Findings and Purpose
(insert local authority) the City of Scandia makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes,
chapter 342, which authorizes (insert local authority) the City of Scandia to protect the
public health, safety, and welfare of (insert local here)City residents by regulating
cannabis businesses within the legal boundaries of (insert local here)Scandia.
(insert local authority) the City of Scandia finds and concludes that the proposed
provisions are appropriate and lawful land use regulations for (insert local here),Scandia,
that the proposed amendments will promote the community's interest in reasonable
stability in zoning for now and in the future, and that the proposed provisions are in the
public interest and for the public good.
1.2 Authority & Jurisdiction
A county can adopt an ordinance that applies to unincorporated areas and cities that have
delegated authority to impose local zoning controls.
(insert local authority) the City of Scandia has the authority to adopt this ordinance pursuant to:
a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to
adopt reasonable restrictions of the time, place, and manner of the operation of
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a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.
b) Minn. Stat. 342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency
hemp edible retail businesses.
c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning
ordinances.
Ordinance shall be applicable to the legal boundaries of (insert local here).Scandia
(Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here).
However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has
not adopted conflicting provisions.
1.41.3 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
1.51.4 Enforcement
The elected body of a jurisdiction can choose to designate an official to administer and
enforce this ordinance.
The (insert name of local government or designated official)City Administrator is
responsible for the administration and enforcement of this ordinance. Any violation of
the provisions of this ordinance or failure to comply with any of its requirements
constitutes a misdemeanor and is punishable as defined by law. Violations of this
ordinance can occur regardless of whether or not a permit is required for a regulated
activity listed in this ordinance.
1.61.5 Definitions
1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01
and the rules promulgated pursuant to any of these acts, shall have the same meanings in
this ordinance.
2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the
approved amount of space from seed or immature plant to mature plant. harvest
cannabis flower from mature plant, package and label immature plants and seedlings
and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a
cannabis manufacturer located on the same premises, and perform other actions
approved by the office.
3. Cannabis Retail Businesses: A retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail
operations endorsement, medical combination businesses operating a retail location,
(and/excluding) lower-potency hemp edible retailers. Formatted: Not Highlight
4. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or
domestic, selling cannabis product to a consumer and not for the purpose of resale in any
form.
5. Daycare: A location licensed with the Minnesota Department of Human Services to
provide the care of a child in a residence outside the child's own home for gain or
otherwise, on a regular basis, for any part of a 24-hour day.
6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to
as “OCM” in this ordinance.
8. Place of Public Accommodation: A business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether licensed or not,
whose goods, services, facilities, privileges, advantages or accommodations are extended,
offered, sold, or otherwise made available to the public.
9. Preliminary License Approval: OCM pre-approval for a cannabis business license for
applicants who qualify under Minn. Stat. 342.17.
10. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area
used by the general public, including, but not limited to, restaurants; bars; any other food
or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting
rooms; common areas of rental apartment buildings, and other places of public
accommodation.
11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
12. Retail Registration: An approved registration issued by the (insert local here)City of
Scandia to a state- licensed cannabis retail business.
13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that
must meet the reporting requirements under Minn. Stat. 120A.24.
14. State License: An approved license issued by the State of Minnesota’s Office of Cannabis
Management to a cannabis retail business.
Section 2. Registration of Cannabis Businesses
A city or town can delegate authority for registration to the County. A city or town can still adopt specific
requirement regarding zoning, buffers, and use in public places, provided said requirements are not in
conflict with an ordinance adopted under the delegated authority granted to the County.
2.1 Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within (insert
local here)Scandia without first registering with (insert local here).the City of Scandia
Any state-licensed cannabis retail business that sells to a customer or patient without valid
retail registration shall incur a civil penalty of (up to $2,000) for each violation.
Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
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2.2 Compliance Checks Prior to Retail Registration
A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of
retail registration.
Prior to issuance of a cannabis retail business registration, (insert local here)Scandia
(shall/shall not) conduct a preliminary compliance check to ensure compliance with local
ordinances.
Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license
application from OCM, (insert local here). Scandia shall certify on a form provided by OCM
whether a proposed cannabis retail business complies with local zoning ordinances and,
if applicable, whether the proposed business complies with the state fire code and building
code.
2.3 Registration & Application Procedure
2.3.1 Fees.
(insert local here)Scandia shall not charge an application fee.
A registration fee, as established in (insert local here)Scandia’s fee schedule, shall be
charged to applicants depending on the type of retail business license applied for.
An initial retail registration fee shall not exceed $500 or half the amount of an initial state
license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall
include the initial retail registration fee and the first annual renewal fee.
Any renewal retail registration fee imposed by (insert local here)Scandia shall be charged
at the time of the second renewal and each subsequent renewal thereafter.
A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal
state license fee under Minn. Stat. 342.11, whichever is less.
A medical combination business operating an adult-use retail location may only be
charged a single registration fee, not to exceed the lesser of a single retail registration fee,
defined under this section, of the adult-use retail business.
2.3.2 Application Submittal.
The (insert local here)City shall issue a retail registration to a state-licensed cannabis
retail business that adheres to the requirements of Minn. Stat. 342.22.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here).Scandia Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail registration is
sought;
iv. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
v. (Insert additional standards here)
??????
(B) The applicant shall include with the form:
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Formatted: Left, Indent: Left: 1.76", Hanging: 0.32",
Tab stops: 1.76", Left + Not at 0.36"
i. the application fee as required in [Section 2.3.1];
ii. a copy of a valid state license or written notice of OCM license
preapproval;
iii. (Insert additional standards here)??????
(C) Once an application is considered complete, the (insert local government
designeeCity Clerk) shall inform the applicant as such, process the application
fees, and forward the application to the (insert staff/department, or elected body
that will approve or deny the request)City Council for approval or denial.
(D) The application fee shall be non-refundable once processed.
2.3.3 Application Approval
(A) (Optional) A state-licensed cannabis retail business application shall not be
approved if the cannabis retail business would exceed the maximum number of
registered cannabis retail businesses permitted under Section 2.6.
(B) A state-licensed cannabis retail business application shall not be approved or
renewed if the applicant is unable to meet the requirements of this ordinance.
(C) A state-licensed cannabis retail business application that meets the requirements
of this ordinance shall be approved.
2.3.4 Annual Compliance Checks.
The (insert local here)Washington County Sheriff’s Office? shall complete at minimum
one compliance check per calendar year of every cannabis business to assess if the
business meets age verification requirements, as required under [Minn. Stat. 342.22
Subd. 4(b) and Minn. Stat. 342.24] and this/ these [chapter/section/ordinances].
The (insert local here)Washington County Sheriff’s OFfice shall conduct at minimum one
unannounced age verification compliance check at least once per calendar year.
Age verification compliance checks shall involve persons at least 17 years of age but under
the age of 21 who, with the prior written consent of a parent or guardian if the person is
under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products under the
direct supervision of a law enforcement officer or an employee of the local unit of
government.
Any failures under this section must be reported to the Office of Cannabis Management.
2.3.5 Location Change
A jurisdiction may decide to treat location changes as a new registration, or alternatively
treat a location change as allowable subject to compliance with the rest of the registration
process.
A state-licensed cannabis retail business shall be required to submit a new application for
registration under Section 2.3.2 if it seeks to move to a new location still within the legal
boundaries of (insert local here).Scandia
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or
If a state-licensed cannabis retail business seeks to move to a new location still within the
legal boundaries of (insert local here), it shall notify (insert local here) of the proposed
location change, and submit necessary information to meet all the criteria in this
paragraph.
2.62.4 Renewal of Registration
The (insert local here) City shall renew an annual registration of a state-licensed cannabis
retail business at the same time OCM renews the cannabis retail business’ license.
A state-licensed cannabis retail business shall apply to renew registration on a form
established by (insert local here).Scandia
A cannabis retail registration issued under this ordinance shall not be transferred.
2.6.12.4.1 Renewal Fees.
The (insert local here)City may charge a renewal fee for the registration starting at the
second renewal, as established in (insert local here)Scandia’s fee schedule.
2.6.22.4.2 Renewal Application.
The application for renewal of a retail registration shall include, but is not limited to:
Items required under Section 2.3.2 of this Ordinance.
Insert additional items here???
2.72.5 Suspension of Registration
2.7.12.5.1 When Suspension is Warranted.
The (insert local here) City may suspend a cannabis retail business’s registration if it
violates the ordinance of (insert local here)the City or poses an immediate threat to the
health or safety of the public. The (insert local here)City shall immediately notify the
cannabis retail business in writing the grounds for the suspension.
2.7.22.5.2 Notification to OCM.
The (insert local here) City shall immediately notify the OCM in writing the grounds for
the suspension. OCM will provide (insert local here)Scandia and cannabis business retailer
a response to the complaint within seven calendar days and perform any necessary
inspections within 30 calendar days.
2.7.32.5.3 Length of Suspension.
A jurisdiction can wait for a determination from the OCM before reinstating a registration.
The suspension of a cannabis retail business registration may be for up to 30 calendar
days, unless OCM suspends the license for a longer period. The business may not make
sales to customers if their registration is suspended.
The (insert local here)City may reinstate a registration if it determines that the violations
have been resolved.
The (insert local here) City shall reinstate a registration if OCM determines that the
violation(s) have been resolved.
2.7.42.5.4 Civil Penalties.
Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) City may impose a civil
penalty, as specified in the (insert local hereCity)’s Fee Schedule, for registration
violations, not to exceed $2,000.
2.82.6 Limiting of Registrations
A jurisdiction may choose to set a limit on the number of retail registrations within its
boundaries. The jurisdiction may not however, limit the number of registrations to fewer
than one per 12,500 residents.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
no fewer than one registration for every 12,500 residents within (insert local legal
boundaries here).the City of Scandia
(Optional) If (insert county here) has one active cannabis retail businesses registration for
every 12,500 residents, the (insert local here)City shall not be required to register
additional state-licensed cannabis retail businesses.
(Optional) The (insert local here)City shall limit the number of cannabis retail businesses
to
(insert number <= minimum required).
Section 3. Requirements for Cannabis Businesses
State Statutes note that jurisdictions may “adopt reasonable restrictions on the time, place, and manner
of the operation of a cannabis business.” A jurisdiction considering other siting requirements (such as a
buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis
to adopt such restrictions.
3.1 Minimum Buffer Requirements
A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis
business within a certain distance of schools, daycares, residential treatment facilities, or
from an attraction within a public park that is regularly used by minors, including a
playground or athletic field. Buffer requirements are optional. A jurisdiction cannot
adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction
should use a measuring system consistent with the rest of its ordinances, e.g. from lot
line or center point of lot.
(Optional) The (insert local here)City shall prohibit the operation of a cannabis business
within
[0-1,000] feet of a school.
(Optional) The (insert local here)City shall prohibit the operation of a cannabis business
within
[0-500] feet of a day care.
(Optional) The (insert local here)City shall prohibit the operation of a cannabis business
within
[0-500] feet of a residential treatment facility.
(Optional) The (insert local here)City shall prohibit the operation of a cannabis business
within [0-500] feet of an attraction within a public park that is regularly used by minors,
including a playground or athletic field.
(Optional) The (insert local here)City shall prohibit the operation of a cannabis retail
business within [X] feet of another cannabis retail business.
Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active
cannabis business or a cannabis business seeking registration from continuing operation
at the same site if a (school/daycare/residential treatment facility/attraction within a
public park that is regularly used by minors) moves within the minimum buffer zone.
3.2 Zoning and Land Use
For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses
can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also
determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot
outright prohibit a cannabis business. A jurisdiction should amend their Zoning
Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they
are permitted, conditional, or interim uses. While each locality conducts its zoning
differently, a few themes have emerged across the country. For example, cannabis
manufacturing facilities are often placed in industrial zones, while cannabis retailers are
typically found in commercial/retail zones. Cannabis retail facilities align with general
retail establishments and are prohibited from allowing consumption or use onsite and
are also required to have plans to prevent the visibility of cannabis and hemp-derived
products to individuals outside the retail location. Cannabis businesses should be zoned
under existing zoning ordinances in accordance with the license type or endorsed
activities held by the cannabis business.
3.2.1. Cultivation.
Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use)
in the following zoning districts:
(Insert zoning districts use is permitted in here)
(Insert zoning districts use is permitted in here)
3.2.1. Cannabis Manufacturer.
Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a
(type of use) in the following zoning districts:
(Insert zoning districts use is permitted in here)
(Insert zoning districts use is permitted in here)
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3.2.1. Hemp Manufacturer.
Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted
as a (type of use) in the following zoning districts:
(Insert zoning districts use is permitted in here)
(Insert zoning districts use is permitted in here)
3.2.1. Wholesale.
Cannabis businesses licensed or endorsed for wholesale are permitted as a permitted
use(type of use) in the following zoning districts:
(Insert zoning districts use is permitted in here)Industrial
(Insert zoning districts use is permitted in here)
3.2.2.3.2.1. Cannabis Retail.
Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of
usepermitted use) in the following zoning districts:
(Insert zoning districts use is permitted in here)Village Core
(Insert zoning districts use is permitted in here)Village Historic Core
Rural Commercial
Industrial
3.2.1. Cannabis Transportation.
Cannabis businesses licensed or endorsed for transportation are permitted as a (type of
use) in the following zoning districts:
(Insert zoning districts use is permitted in here)
(Insert zoning districts use is permitted in here)
3.2.1. Cannabis Delivery.
Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in
the following zoning districts:
(Insert zoning districts use is permitted in here)
(Insert zoning districts use is permitted in here)
3.3 Hours of Operation
A jurisdiction may adopt an ordinance limiting hours of operation to the hours between
10 a.m. and 9 p.m., seven days a week. State statute prohibits the sale of cannabis
between 2 a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m.
on Sundays.
(Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
between the hours of (insert time here)10:00 am and (insert time here).09:00 p.m.
3.4 (Optional) Advertising
Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the
building or property of the business, unless otherwise limited by (insert local
here)Scandia’s sign ordinances.
Section 4. Temporary Cannabis Events
Any individual or business seeking to obtain a cannabis event license must provide OCM information
about the time, location, layout, number of business participants, and hours of operation. A cannabis
event organizer must receive local approval, including obtaining any necessary permits or licenses issued
by a local unit of government before holding a cannabis event.
4.1 License or Permit Required for Temporary Cannabis Events
4.1.1 License Required.
A cannabis event organizer license entitles the license holder to organize a temporary
cannabis event lasting no more than four days. A jurisdiction should determine what type
of approval is consistent with their existing ordinances for events.
A license or permit is required to be issued and approved by (insert local herethe City
of Scandia) prior to holding a Temporary Cannabis Event.
4.1.2 Registration & Application Procedure
A registration fee, as established in (insert local here)the City’s fee schedule, shall be
charged to applicants for Temporary Cannabis Events.
4.1.3 Application Submittal & Review.
The (Cityinsert local here) shall require an application for Temporary Cannabis Events.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here)City. Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in (Section 4.1.2);
ii. a copy of the OCM cannabis event license application, submitted pursuant
to 342.39 subd. 2.
The application shall be submitted to the (insert local authorityCity Clerk), or other
designee for review. If the designee determines that a submitted application is
incomplete, they shall return the application to the applicant with the notice of
deficiencies.
(C) Once an application is considered complete, the designee shall inform the
applicant as such, process the application fees, and forward the application to the
(insert staff/department, or elected body that will approve or deny the request) for
approval or denial.
(D) The application fee shall be non-refundable once processed.
(E) The application for a license for a Temporary Cannabis Event shall meet the
following standards:
A jurisdiction may establish standards for Temporary cannabis events which the event
organizer must meet, including restricting or prohibiting any on-site consumption. If
there are public health, safety, or welfare concerns associated with a proposed cannabis
event, a jurisdiction would presumably be authorized to deny approval of that event.
Insert standards here
(G) A request for a Temporary Cannabis Event that meets the requirements of this
Section shall be approved.
(H) A request for a Temporary Cannabis Event that does not meet the requirements
of this Section shall be denied. The (insert city/town/county) shall notify the
applicant of the standards not met and basis for denial.
(Optional) Temporary cannabis events shall only be held at (insert local place).
(Optional) Temporary cannabis events shall only be held between the hours of (insert start
time) 10:00 am and (insert stop time).9:00 p.m.
Section 5. (Optional) Lower-Potency Hemp Edibles
A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles. A
jurisdiction can consider including the following section and subsections in their cannabis ordinance.
5.1 Sale of Low-Potency Hemp Edibles
The sale of Low-Potency Edibles is permitted, subject to the conditions within this
Section.
5.2 Zoning Districts
If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency
Edibles can take place in. A jurisdiction can also determine if such activity requires a
Conditional or Interim Use permit.
Low-Potency Edibles businesses are permitted as a (type of use) in the following zoning
districts:
(Insert zoning districts use is permitted in here)
(Insert zoning districts use is permitted in here)
5.3 (Optional) Additional Standards
5.3.1 Sales within Municipal Liquor Store.
A jurisdiction that already operates a Municipal Liquor Store may sell Low-Potency
Edibles within the same store.
The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store.
5.3.2 Age Requirements.
A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars.
The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years
of age or older.
5.3.3 Beverages.
The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements
of this Section.
5.3.4 Storage of Product.
A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles.
Low-Potency Edibles shall be sold behind a counter, and stored in a locked case.
Section 6. (Optional) Local Government as a Cannabis Retailer
(insert local here) may establish, own, and operate one municipal cannabis retail business
subject to the restrictions in this chapter.
The municipal cannabis retail store shall not be included in any limitation of the number of
registered cannabis retail businesses under Section 2.6.
(insert local here) shall be subject to all same rental license requirements and procedures
applicable to all other applicants.
Section 7 Use in Public Places
No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a public place or a place of public accommodation unless the premises is an
establishment or an event licensed to permit on-site consumption of adult-use.
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