HomeMy WebLinkAboutX-E-02 Interim Ordinance on Cannabis and Cannabinoids
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: June 5, 2023
Item: Interim Ordinance on Cannabis and Cannabinoids
Council Action Requested:
First Reading of Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of
Existing Uses, Sales and Operations Related to Cannabis Businesses and Intoxicating Cannabinoids
(CBD) Sales, Testing, Manufacturing or Distribution and schedule public hearing for the June 26, 2023.
Background Information:
Following extended review and discussion by the Public Safety Advisory Commission, Public Safety
Committee of City Council, and City Council, the City Council adopted zoning and licensing ordinances
related to cannabis and hemp businesses on April 3, 2023.
Subsequently, the Minnesota Legislature adopted House File 100, relating to adult-use of cannabis, which
was signed by Governor Walz just last week. The new law is voluminous and complex. Staff recommends
an interim ordinance in order to review the new legislation, study potential impacts of the new law, and
consider possible changes to the City’s Zoning Ordinance and City Code. This interim ordinance would
apply to both cannabis businesses and hemp businesses as defined in the legislation.
Financial Impact:
Not applicable
Committee Discussion:
City Council adopted zoning and licensing ordinances related to cannabis and hemp businesses
on April 3, 2023.
Attachment:
• Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses,
Sales and Operations Related to Cannabis Businesses and Intoxicating Cannabinoids (CBD)
Sales, Testing, Manufacturing or Distribution
X-E-02
ORD. NO. ________________
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF NEW USES
OR THE EXPANSION OF EXISTING USES, SALES AND OPERATIONS RELATED TO
CANNABIS BUSINESSES 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 recently enacted House File 100, relating to legalization of adult-use
cannabis, allows a local unit of government to adopt an interim ordinance to regulate, restrict, or
prohibit the operation of a cannabis business within the jurisdiction or a portion thereof until
January 1, 2025; and
WHEREAS, the City desires to undertake 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, including lower-potency hemp edibles, 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. The
City reserves the right under law to extend this period if necessary for completion of its study.
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:
X-E-02
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.
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 ________________, 2023, by the following vote:
Ayes:
Nays:
Absent:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
(City Seal)
X-E-02