Laserfiche WebLink
<br />Ordinance No. ___ <br />CITY OF ELK RIVER <br />COUNTY OF SHERBURNE <br /> STATE OF MINNESOTA <br /> <br /> <br />AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, <br />MANUFACTURING, AND DISTRIBUTION <br />INTOXICATING AND PSYCHOACTIVE CANNABINOIDS <br /> <br /> <br />NOW, THEREFORE, the City Council of the City of Elk River does ordain: <br /> <br />SECTION 1. REPEAL/REPLACE. <br /> <br />This ordinance repeals and replaces Ordinance No. 22-20 in its entirety. <br /> <br />SECTION 2. BACKGROUND. <br /> <br />1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature <br />amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible <br />cannabinoid products that contain of Tetrahydrocannabinol, commonly known as THC <br />(“THC Products”). <br /> <br />2. The new law does enact some requirements for labeling and testing, but the law <br />provides no parameters regulating production, compliance checks, or sales of THC <br />Products. The new law does not prohibit local regulation. <br /> <br />3. Since the enactment of the new law, local government and law enforcement remain <br />concerned about legal status and classification of the production, sale, and use of other <br />intoxicating and psychoactive cannabinoids, such as HHC, as primary or secondary <br />ingredients in edible and nonedible cannabinoid products (“Intoxicating <br />Cannabinoids”). <br /> <br />4. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance <br />a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect <br />the public health, safety, and welfare. Specifically, the City is authorized to enact a <br />moratorium ordinance to allow it to undertake a study to determine whether to adopt <br />any regulations or restrictions, including siting and location of uses, related to the sales, <br />testing, manufacturing, and distribution of THC Products and Intoxicating <br />Cannabinoids. <br /> <br />5. Pursuant to its general police powers, including but not limited to, Minn. <br />Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on <br />THC Products and Intoxicating Cannabinoids within the City to protect the public <br />safety, health, and welfare, including restrictions and a moratorium on the use of sales, <br /> <br /> <br /> <br />