HomeMy WebLinkAboutVIII-08 2nd Reading and Adoption of Interim Ordinance on Cannabis and Cannabinoids
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: September 19, 2022
Item: Interim Ordinance on Cannabis and Cannabinoids
Council Action Requested:
Second Reading and Adoption of Interim Ordinance Prohibiting the Establishment of New Uses or the
Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing,
Manufacturing or Distribution
Background Information:
At the end of the 2022 Legislative Session, the state passed new laws surrounding the sale of
cannabis/cannabinoid products, which went into effect July 1. The new law limits the sale of intoxicating
CBD products to individuals age 21 and older and implements regulations regarding the packaging of
edible CDB products. However, the new law has resulted in questions about local regulatory authority,
law enforcement, and taxing.
On August 1, the City Council referred the subject to the Public Safety Advisory Commission. PSAC met
August 18 and recommended a twelve-month interim ordinance to allow time for adequate study. The
Public Safety Committee of City Council met September 1. They discussed concerns about public safety,
community impact, and supporting local business; they recommended a six-month interim ordinance. The
ordinance can be shortened or extended depending on progress of the study.
Financial Impact:
Not applicable
Committee Discussion:
• Public Safety Advisory Commission meeting 8/18/2022
• Public Safety Committee meeting 9/1/2022
Attachment:
• Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses
Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or
Distribution
VIII-08
ORD. NO.
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
2ND READING OF AN INTERIM ORDINANCE PROHIBITING THE
ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES
RELATED TO CANNABIS AND INTOXICATING CANNABINOIDS (CBD) SALES,
TESTING, MANUFACTURING OR DISTRIBUTION
WHEREAS, pursuant to Minnesota Statutes, Section 462.355 subdivision 4, many cities
have adopted interim ordinances in order to study the impacts of certain uses and determine
whether regulations are appropriate for the purpose of protecting the public health, safety and
welfare of their citizens; and
WHEREAS, the City is undertaking a study to consider possible changes to the Zoning
Ordinance and City Code that would address the types of uses that involve the sales, testing,
manufacturing and distribution of cannabis and products that contain intoxicating cannabinoids
(CBD) whether for medical, recreational or for other human or animal consumption purposes and
may implement many of the suggestions from the study.
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1. No business, person or entity may establish a new use or expand an existing use
that includes or involves the sales, testing, manufacturing, or distribution of cannabis in any way,
whether medical or recreational, or any products that contain intoxicating cannabinoids extracted
from hemp (CBD) in any form, for a period of up to six (6) months from the effective date of this
ordinance or until ordinances regulating such uses become effective or until the Council rescinds
this Interim Ordinance, whichever occurs first.
SECTION 2. City Staff is directed to conduct a study to gather information and make a
recommendation to the Council to determine if the Zoning Ordinance and City Code need to be
amended regarding these types of uses to better protect the citizens of Hastings, and if so, what
regulations are appropriate.
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191,
in the case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The City will be undergoing a study regarding CBD and cannabis uses to determine if
regulations surrounding zoning and licensing are appropriate. No new use may be
established, and no existing use may be expanded until the City adopts regulations
regarding these uses, or determines no regulations are necessary and rescinds the interim
ordinance or for a period of six months, whichever occurs first.
VIII-08
SECTION 4. EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall be in full
force and effect from and after its passage and publication according to law and shall expire upon
adoption of ordinances regulating such uses, until the Council rescinds or terminates the Interim
Ordinance or six (6) months from its effective date, whichever occurs first.
Adopted by the Hastings City Council on_____, 2022, by the following vote:
Ayes:
Nays:
Absent:
Mary Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk (City Seal)
VIII-08