HomeMy WebLinkAbout2023-499 Interim Ordinance - Cannabis BusinessesCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-499
Motion By: Bottema
Seconded By: Vehrenkamp
August 24, 2023
AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING,
CULTIVATINGCOMMERCIAL GROWINGTRANSPORTING, DELIVERY, AND , ,
DISTRIBUTION OF CANNABIS PRODUCTS WITHIN THE CITY OF CORCORAN
THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, ORDAINS:
Section 1. Background.
A. In 2022, the Minnesota Legislature amended M.S. § 151.72 to permit the sale of edible
and nonedible cannabinoid products that contain no more than 0.3% of
Tetrahydrocannabinol, commonly known as THC.
B. The 2023 Legislature approved 2023 Session Law Ch. 63 expanding both the
legalization of types of THC and cannabis products and also the types of THC and
cannabis businesses permitted.
C. The final bill establishes a regulatory framework for adult -use cannabis, as well as the
lower potency hemp edibles; moves the medical cannabis program under a newly
created state agency called the Office of Cannabis Management; establishes taxes on
regulated products; creates grants to assist individuals entering into the legal cannabis
market; amends criminal penalties; provides for expungement and resentencing of
certain convictions; provides for temporary regulation of hemp -derived edible
cannabinoid products, reschedules marijuana and appropriates money.
D. The state licensing agency became effective on July 1, 2023 and will establish a model
ordinance for cities, which the City of Corcoran would benefit from reviewing and
analyzing before making any decisions related to cannabis businesses and products in
the City.
E. The law specifies certain distance restrictions cities can put in place under their zoning
power. The City would benefit from having time to study and analyze acceptable time,
place and manner restrictions that would be feasible for the City of Corcoran.
F. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance
a moratorium to regulate, restrict or prohibit land uses within its 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, cultivating, commercial growing, transporting, delivery and
distribution of cannabis products.
G. Pursuant to its general police powers, set forth in Minn. Stat. § 421.221, subd. 32, the
City may enact and enforce regulations or restrictions on cannabis products within the
City to protect the public safety, health, and welfare, including restrictions and a
moratorium on the sales, testing, manufacturing, cultivating, commercial growing,
transporting, delivery and distribution, during the pendency of a study to determine the
Page 1 of 4
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-499
August 24, 2023
need for police power regulations, including but not necessarily limited to any additional
licensing and permitting that may be allowed, if any, by the State.
H. 2023 Session Law Ch. 63 permits the City to adopt an interim ordinance regulating,
restricting or prohibiting the operation of a cannabis businesses until January 1, 2025 for
the purpose of protecting the planning process and the health, safety and welfare of its
citizens and to conduct studies to consider adopting or amending allowable restrictions
on the operation of a cannabis business.
Section 2. Findings.
A. The City Council finds there is a need to study (i) cannabis products, including products:
using any part of the genus Cannabis plant; containing cannabis concentrate; infused
with cannabinoids (including but not limited to tetrahydrocannabinol); extracted or
derived from cannabis plants or cannabis flower; synthetically derived cannabinoids; and
any lower potency hemp edibles that contain more than 0.3% of Tetra hydrocannabinol,
(ii) cannabis businesses related thereto, and (iii) the impact of those businesses and
products as related to allowed land uses and zoning, in order to assess the necessity for
and efficacy of regulation and restrictions relating to the retail sales, wholesale sales,
testing, commercial growing, cultivating, manufacturing, transporting, delivery of or
distribution of any of the products referenced herein, including through zoning
ordinances or licensing, if allowed, in order to protect the public health, safety, and
welfare of its residents.
B. The study will allow the City Council to determine the appropriate changes, if any, that it
should make to the Corcoran City Code, including any necessary zoning changes.
C. The time will allow for any state agency licensing cannabis businesses to rule make and
adopt its model ordinances which will further aid the Council in studying and considering
restrictions on the operation of a cannabis businesses and the use of the products listed
in paragraph 2A above.
D. The City Council, therefore, finds that there is a need to adopt aCity-wide moratorium on
the retail sale, wholesale sale, testing, commercial growing, cultivating, manufacturing,
transporting, delivery of, and distribution of cannabis products, including products. using
any part of the genus Cannabis plants containing cannabis concentrate; infused with
cannabinoids (including but not limited to tetrahydrocannabinol); extracted or derived
from cannabis plants or cannabis flowers synthetically derived cannabinoids, or lower
potency hemp edibles that contain more than 0.3% of Tetrahydrocannabinol, within the
City while City staff studies the issue.
Section 3. Moratorium.
A. Effective immediately upon passage and publication, no individual, establishment,
organization, or business may engage in the retail sale, wholesale sale, testing,
commercial growing, cultivating, manufacturing, transporting, delivery of or distribution of
cannabis products, including products using any part of the plant of the genus Cannabis
plants containing cannabis concentrate; infused with cannabinoids (including but not
limited to tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis
flowers synthetically derived cannabinoids, or lower potency hemp edibles that contain
Page 2 of 4
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2®23-499
August 24, 2023
more than 0.3% of Tetrahydrocannabin0l until January i 2025, or the latest period
permitted by law, unless this Ordinance is rescinded earlier by the City Council.
B. Planning or zoning applications related to any of the products listed in Subsection A of
Section 3 herein or applications from individuals, establishments, organizations, or
businesses involved in the proposed sale, testing, commercial growing, cultivating,
manufacturing, transporting, delivery of or distribution of cannabis products within the
City of Corcoran shall not be accepted or considered during the term of this Ordinance.
C. This moratorium does not apply to the selling, testing, manufacturing, or distributing of
cannabis products related to the Medical Cannabis Program as administered by the
Minnesota Department of Health, provided that such activity is done in accordance with
the regulations and laws of Minnesota regarding Medical Cannabis,
D. This moratorium does not apply to the sale of Edible Cannabin
under the 2022 Legislation, which includes edible and nonedib
that contain no more than 0.3% of Tetrahydrocannabinol.
Section 4. Study.
oid Products allowed
le cannabinoid products
The City Council directs City staff to study the need for local regulation regarding the
retail sale, wholesale sale, testing, commercial growing, cultivating, manufacturing,
transporting, delivery or distribution of cannabis products listed in Section 3(A) herein
within the City of Corcoran. Staff must also study the need for creating or amending
zoning ordinances, licensing ordinances, as allowed by the state, or any other
ordinances, as allowed and not preempted by the state, to protect the citizens of
Corcoran from any potential negative impacts. 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.
A violation of this Interim Ordinance shall be a misdemeanor. Further, the City may
enforce this Interim Ordinance by mandamus, injunctive relief or via any other
appropriate legal or equitable remedy.
Section 6. Term.
Unless earlier rescinded by the City Council, the moratorium established under this
Ordinance shall remain in effect upon its adoption and publication until January 1, 2025,
or the latest date allowable by law, at which point, it will automatically expire. The City
Council hereby elects that all legally compliant portions of this Ordinance be extended
for the maximum duration permitted by law, unless rescinded earlier by separate action
of the City Council.
Section 7. Effective Date.
This Interim Ordinance shall be effective upon adoption and publication according to law.
Page 3 of 4
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-499
Section 8. Saving Clause.
August 245 2023
Should any part of this Ordinance be found to be out of compliance with or preempted by
state law, the non -compliant or preempted portions shall be deemed stricken exclusively
to the extent of the non-compliance or preemption and the remainder of this Ordinance
shall remain in full force and effect until expiration or rescission.
This Ordinance shall be in full force and effect upon its publication and passage.
Adopted by City Council on the 24th day of August 2023.
VOTING AYE
® McKee, Tom
® Bottema, Jon
® Nichols, Jeremy
® Schultz, Alan
® Vehrenkamp, Dean
ATTEST:
Michell
Friedrich —City Clerk
Toim Mc
VOTING NAY
❑ McKee, Tom
❑ Bottema, Jon
❑ Nichols, Jeremy
❑ Schultz, Alan
❑ Vehrenkamp, Dean
ee —Mayor
City Seal
Page 4 of 4