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9.1 SR 08-15-2022Request for Action To Item Number MayTor and CinT Council 9.1 Agenda Section Meeting Date Prepared by Work Session Au st 15, 2022 Cal Portner, Ci r Admitustrator Item Description Reviewed by Hemp Product Sale Moratorium Peter Beck, CittT Attorne�T Reviewed by Action Requested Receive information and provide staff direction. Background/Discussion Effective July 1, 2022, retailers can sell into�cating hemp-based THC products to people aged 21 and older peY state law. These products can be vaped or consumed in candies or drinks and have an intoxicating effect similar to cannabis. Unlike alcohol and tobacco, the new state law has no provisions for licensing or compliance. Without licensing or permitting, there is no way to track who is selling the products and whether they are in compliance ��ith state law. A gro�ving number of cities are enacting moratoriums on the sale of Hemp THC products until the state legislature provides for actionable compliance. Financial Impact N/A Mission/Policy/Goal Elk River l��ission Statement Attachments • LMC Model Cannabis Finding Moratorium • Becker Moratorium • Hermanto`vn Moratorium • Stillwater Moratorium The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. �awEnEo ar ��V�� Up�iited.• August 2020 PUBLIC HEALTH LAW CENTER At �� H�m�,�. �s o� � Minnesota Findings for Local Regulation of Cannabis 7/15/22 The following sample findings and evidentiary support for local cannabis regulation were adapted from the Public Health Institute's California Cannabis Retail and Marketin� Model Ordinance. The findings were amended to reflect Minnesota specific data and findings where applicable. These findings could be used to support a moratorium on sales of edible cannabinoid products or prohibition of sales. Additional findings could be added to support specific policy measures that may be pursued, such as a licensing structure, pricing provisions, and other public health focused provisions to reduce youth access and exposure to these products. FINDINGS The �° s�'� �_��'° hereby finds and declares as follows: WHEREAS, based on the most reliable and up-to-date scientific evidence, the k°�;� r�;:� r�� ;_ ��>�s� finds that the rapid introduction of newly legalized edible cannabinoid products ("edibles"), presents a significant potential threat to the public health, safety, and welfare of the residents of [City/County], and particularly to youth; and WHEREAS, ,� �-�a�� .� ��i has the opportunity to be proactive and make decisions that will mitigate this threat and reduce exposure of young people to the products and to the marketing of these products; WHEREAS, the United States Surgeon General has issued an advisory to alert the public to the known and potential harms to developing brains, posed by the increasing availability of highly potent marijuana in multiple, concentrated forms;l and the reasons for corrcerns with the increasing use of marijuana by pregnant women,z adolescents and youth;3 and WHEREAS, the National Academies of Science, Engineering and Medicine note that the growing acceptance, accessibility, and use of cannabis and its derivatives have raised 10ffice of the Surgeon General, U.S Surgeon General's Advisory: Marijuana Use and the Developing Brain. Available at: httns://www.hhs.govJsureeoneeneraUreuo�_.a �aws -a��.�aA., _.:�-: : u,:%A � .�=��..��. rt� . ��.d��,5�i5=.��?_",�::��-. ��.��ea � .rF��s��a� �,°��,�'�-#�,.�.��.�s£� (lastaccessed June 11, 2020). z Yaung-Wolff KC, Tucker L-Y, Alexeeff S, et al. Trends in Self-reported and Biochemically Tested Marijuana Use Among Pregnant Females in California From 2009-2016.JAMA. 2017;318(24):2490-2491. doi:10.1001/jama.2017.17225 3 Substance Abuse and Mental Health Services Administration (SAMHSA). Camparison of 2017-2018 and 2018-2019 Population Percentages (SO States and the District of Columbia) � CBHSQ Data. Center for Behavioral Health 3tatistics and Quality, 3ubstance Abuse and Mental Health Services Administration; 2020. https://www. samhsa.gov/da�/ P: 651.290.7506 F. 65i.290.7515 1 875 Summlt Avenue, St. Paul, W: www.PublicHealthLavuCenter.org Minnesota 55105 � important pubiic health concerns, while the lack of aggregated knowledge of cannabis- related health effects has led to uncertainty about the impact of its use 4 and WHEREAS, 32.8 million Americans ages 12 and older reported using cannabis in the past 30 days, 49.6 million reported use in the past year,5 and 90 percent of adult cannabis users in the United States said their primary use was recreational; and between 2002 and 2019, the percentage of past-month cannabis users in the U.S. population ages 12 and older increased steadily from 6.2 percent to 10.8 percent 6� and WHEREAS, research has found cannabis use during adolescence, especially of products high in tetrahydrocannabinol (THC), or heavy use, is associated with suicide attempt $ high school drop-out,9 higher likelihood of use of other illicit drugs and experiencing mental health impairment;10 and WHEREAS the perception of risk from cannabis consumption has been falling steadily, dropping from 58.396 to 31.196 among youth nationally between 2000 and 2016,11 and just 17.1% among 12-17-year-olds in Minnesota in 2018/19;12 and WHEREAS, reported past year vaping of marijuana by youth age 18-22 doubled between 2017 and 2018, with 20.8 percent of 12th graders, and 19.4°r6 of 10th graders, reporting past year marijuana vaping;13 and WHEREAS, in 2018 national marijuana use among full-time college students reached a 35-year high;14 and 4 The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research. The NationalAcademiesPress ��- '} �kr �° �, �� ' � ° [._>:� .��_u��i �a� _: c;�z ir �„ =��a, ��h:��iei� ..€;�c~��;-��a��a��B��r�-a��dv�carc�ha +�ar�� tz r:n �k�s��r .� .��=.AccessedOct.12,2U20. 5 Substance Abuse and Mental Health Services Administrarion (SAMHSA). Key 5ubstance Use and Mental Health Indicators in the United States: Results from the 2020 National Survey on Drug Use and Health. Center for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administrarion; 2021. Retrieved from: h�,_��:df�v�t;u.san�h��, �?a�te�acai�"s�csie��f�u[t(ial�:s,�r�n�ar8s!frtT5;3�:�1�SL9tJ�-�F�bt�i��FJ�IT[v3i.Fiies?Q2�?1202�?IVSL��IEIPH'121 Pi#Fth` 1 fl2 i �� _ __ 6 National Academies, ibid. � SAMHSA 2020, ibid. e Gobbi G, Atldn T, Zyrynski T, et al. Association of cannabis use in adolescence and risk of depression, aiuriety and suicidality in young adulthood: a systematic review and meta-analysis [published correction appears in JAMA Psychiatry. 2019 Apr 1;76(4):474].JAMAPsychiatry.2019; 76(4):426-434. 9 Silins E, Horwood LJ, Patton GC, et al. Young adult sequelae of adolescent cannabis use: an integrarive analysis. Lancet Psychratry. 2014;1(4):286-293. doi:10.1016/S2215-0366(14j70307-4. lo Freeman T. and Winstock A. 2015. Examining the proffie of high-potency cannabis and its association with severity of cannabis dependence. Psychologrca( Medicine, 45 (15), 3181-3189. i� ]ohnston LD, 0'Malley PM, Miech RA, Bachman JG, Schulenberg JE. Monitoring the Ftiture Nationa! Survey Results on Drug Use, 1975-2016: Oven+iew, Key Findiqgs on Ado(escent Drug Use. Ann Arbor: Institute for Social Research, The University of Michigan; 2017. lz SAMHSA 2020, ibid. 13 NIDA. 2019, December 18. Vaping of marijuana on the rise among teens. Reh-ieved from ,� ,,:� ��4 ,�<,,: �. � ., �n$� �� , � ,,, _ � �, z .. _ �,� °r,n� , ; on 2020, October 26. ia Shulenberg, ]. E., Johnston, L. D, O'Malley, P. M., Bachman, J. G., Miech, R A. &�Patrick, M. E. (2019). Monrtoring the Fature national survey results on drug use,1975-2018: Volume 1I, College sLudents and adults ages 19-60. Ann Arbor: lnstitute for Social Research, The University of Michigan. Available at ,aar�+� � n_. �°:� d._ �,�;? ,. ,��,� ��s��. P: 651.290.7506 F: 651.290.7515 875 Summit Avenue, St. Paul, W: www.PublicHealthLawCenter.org Minnesota 55105 3 WHEREAS, nationally, there have been significant increases in cannabis use among those age 12 and older, but especially among those age 18-22,15 and cannabis use rates by youth age 18-22 are higher in states with legal adult-use cannabis than in non-legal states;16 and WHEREAS use during pregnancy has risen substantially between 2000 and 2014, increasing the risk of low birth weight;i' and WHEREAS, in 2016, 15.79�0 of 11th grade students in Minnesota reported that they had used marijuana in the past 30 days, a number far exceeding that for cigarette smoking (8.496);18 and WHEREAS, in 2017, the National Academies of Sciences, Engineering and Medicine (NASEM) reviewed the available scientific evidence on the health effects of cannabis and cannabis-derived products, and while noting substantial evidence of therapeutic effectiveness of inedicinal cannabis for a limited number of indications, noted evidence of association of cannabis use with harm in a wide range of areas.19 The NASEM study found "substantial evidence"20 to support the following conclusions: (a) Initiation of use at an earlier age or more frequent use is a risk factor for the development of problem cannabis use; (b) Maternal cannabis smaking during pregnancy is associated with low birth weight in offspring; (c) Cannabis use is associated with increased risk of motor vehicle crashes; (d) Cannabis use increases the risk of development of schizophrenia and other psychoses, with the highest risk among the most frequent users; (e) Long-term cannabis smoking is associated with worse respiratory symptoms and more frequent chronic bronchitis episodes; and ls National Academies, lbid. 16 gae, H., and Kerr, D. C. R. (2020) Marljuana use trends among college students in states with and without legalization of recreational use: initial and longer-term changes &om 2008 to 2018. Addictron,115:11151124. a �r: �,i a�z� . � __..I_=:, � . .'.�'� �.. '� Brown QL, Sarvet AL, Shmulewitz D, Martins SS, Wall MM, Hasin DS. Trends in Marijuana Use Among Pregnant and Nonpregnant Reproductive-Aged Women, 2002-2014.JAMA. 2017;317(2):207-209. doi:10.1001/jama.2016.17383. le Minnesota Deparlment of Human Services. Youth Alcohol, Diugs and Tobacco Use: Results of the 2016 Minnesota Student Survey. 2017. `; � i i _ -- --- � : n_, 19 National Academies, ]bid. zD 77teAcademy deflned Substantfal EvTdence as jolfows: There is strong evidence to support or refute a statistical association 6ehveen cannabis or cannabinoid use and the health endpoint of interest P: 651.290.7506 F: 651.290.7575 875 Summit Avenue. St, Paul, W: www.PublicHealthLawCenter.org Minnesota 55105 4 (fl Increases in cannabis use frequency are associated with developing problem cannabis use. The NASEM study found less conclusive, but still worrisome, emerging evidence for a wide range of other harms, including impaired academic achievement and educational outcomes, development of substance use disorders, suicide completion, high blood pressure and increased unemployment, among others; and WHEREAS, the findings of the NASEM study and other research lead us to conclude that legalization of adult-use cannabis should be carried out cautiously, in such a way as to prevent undue exposure of youth and expansion of problem use; that unfettered expansion and diversification of products and of marketing are not prudent; and that, like tobacco and alcohol, cannabis use may pose significant risks to public health, especially when initiated early in life; and WHEREAS, Minnesota has recognized the danger of cannabis use among youth by prohibiting the sale of edibles to those under age 21(Minn. Stat. § 151.72, subd. 3(c)j and by requiring that edibles be packaged without appeal to children and in child- resistant containers (Minn. Stat. § 151.72, subd. 5a(b)); and WHEREAS, many years of alcohol and tobacco retailing, which are likely to have parallels in cannabis retailing, have demonstrated that Minnesota retailers continue to sell alcohol and tobacco to underage consumers, as evidenced by the following: � Among minors nationwide who smoked cigarettes in 2011, 1496 percent had obtained their own cigarettes by buying them in a store or gas station;2i and 14.5% of minors nationwide who used alcohol in the past 30 days in 2012 had obtained the alcohol themselves in an alcohol retail outlet;22 and WHEREAS, the density of tobacco retailers, particularly in neighborhoods surrounding schools, has been associated with increased youth smoking rates;23 multiple studies have found that the density of tobacco retailers near schools was positively associated with the prevalence of students reporting smoking;24 and �l Centers for Disease Control and Prevenrion. Youth Risk Behavior Surveiflance - United States, 2011.; 2012:15. zz Roberts SP, Siegel MB, DeJong W, Naimi TS, Jernigan DH. The Relationships Between Alcohol Source, Autonomy in Brand Selection, and Brand Preference Among Youth in the USA.Alcahol Oxfs. 2014;49[5):563-571. doi:10.1093/alcalc/agu034. z3 Henriksen L, Feighery EC, Schleicher NC, Cowling DW, HIine RS, Fortmann SP. ls adolescent smoldng related to the density and proarimity of tobacco outleu and retail cigarette advertising near schools? Prev Med. 2008;47(2):210-214, doi:10.1016/j,ypmed.2008.04.008. z4 McCarthy W7, Mistry R, Lu Y, Patel M, Zheng H, Dietsch B. Density of tobacco retailers neaz schools: effects on tobacco use among students. Am JPublic Health. 2009;99(11):2006-2013. doi:1Q.2105/AJPH.2008.145128. I.ee G7L, Kong AY, Sewell KB, Golden SD, Combs TB, Ribisil KM, Henriksen L. Assocrations of Tobacco Retailer Density and Proximity with Adult Tobacco Use Behaviours and Health Outcames: A Meta Analysis. Tobacco Control. 2021. doi: 10.1136/tobaceocontrol-2021-056717. P: 651.290.7506 F: 651.290.7515 875 Summit Avenue, St. Paul, W: www.PublicHealthLawCenter.org Minnesota 55105 5 WHEREAS, a recent study found that higher dispensary density in states with legal cannabis laws was associated with higher likelihood of youth ages 14-18 experimenting with cannabis vaping and edibles;25 and WHEREAS, home delivery of alcohol products has been associated with increased rates of purchase by minors;z6 z' and WHEREAS, unintentional exposure to marijuana by children under age 10 resulting in seeking care at poison centers in Colo�ado increased by 34% between 2009 and 2016, including increases from the two years before to the two years after Iegalization;28and WHEREAS, children and young people are particularly influenced by cues suggesting tobacco smoking is acceptable, which holds relevance for cannabis smoking;29 and WHEREAS, young people are much more likely to use candy — and fruit-flavored tobacco3o 31 and alcohol products;3z and nationwide, minors are twice as likely to consume alcopops as adults;33 the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be "starter" products that help establish smoking habits that can lead to long-term addiction;3° 35 and similar findings are expected for cannabis; and WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA), enacted in 2009, prohibited candy- and fruit-flavored cigarettes,36 and in 2020 FDA guidance prioritized enforcement against flavored e-cigarettes largely because these flavored products were marketed to youth and young adults,37 and younger smokers z5 Borodovsky JT, Lee DC, Crosier BS, Gabrielli JL, Sargent JD, Budney AJ. U.S. cannabis legalization and use of vaping and edible products among youth. Drug Alcohol Depend. 2017;0[0), doi:30.1016/j.drugalcdep.2017.02.017. zb Fletcher LA, Toomey TL, Wagenaar AC, Short B, Willenbring ML. Alcohol home delivery services: a source of alcohol for underage drinkers.JStudAlcohoL 2000;61(1):81-84. 27 Williams RS, Ribisl KM. Internet Alcohol Sales to Minors. Arch PediatrAdalescMed. 2012;166(9):8�8-813. doi:10.1001/archpediatrics.2012.265. 26 Wang GS, Le Lait M, Deakyne SJ, Bronstein AC, Bajaj L, Roosevelt G. Unintentional Pediatric Exposures to Marijuana in Colorado, 2009-2015.JAMA Pediatr. 2016;170(9):e160971. doi:10.1001/jamapediatrics.2016.0971. z9 DiFranza JR, Wellman RJ, Sargent JD, et aL Tobacco promotion and the initiation of tobacco use: assessing the evidence for causality. Pediatrics. 2006;117(6):e1237-1248. doi:10.1542/peds.2005-1817. 3o King BA, Dube SR, Tynan MA. Flavored Cigar Smoking Among U.S. Adults: Findings From the 2009-2010 National Adult Tobacco Survey. Nicotine Tob Res. 2013;15(2):608-614. doi:10.1093/ntr/nts178. 31 Villanti AC, Richardson A, Vallane DM, Rath JM. Flavored tobacco product use among U.S. young adults. Am J Prev Med. 2013;44[4):388-391. doi:10.1016/j.amepre.2012.11.031. 3z Siegel M, Chen K, DeJong W, etal. Differences in alcohol brand consumption between underage youth and adults-United States, 2012. SubstAbase. 2015;36(1):106-112. doi:10.1080/08897077.2014.883344. 33 Siegel et al., ibid. 34 Food and Drug Administrarion. Fact Sheet: Flavored Tobacco Producix; 2011. 35 U.S. Department of Health and Human Services. Preventing Tobacco Use among Youth and Your{g Adults: A Report of the Surgeon Genernl. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoldng and Health; 2012:539. 36111th Congress. Family Smoking Prevention and To6acco Condrol Act. Vol Public Law 111-31 [ H.R 1256].; 2U09. 37 Food and Drug Administration. Enforcement Prroritres for Electronic Nicotrne Delievery Systems (ENDS) and Other Deemed Products on the Market WithoutPremarketAuthorization (Revised); 20Z0. Available at: P: 651.290.7506 F+ 651.290.7515 875 Summit Avenue. St, Paul, W: www.PublicMealthLawCenter.org Minnesota 55105 � were more likely to have tried these products than older smokers;38 and similar findings are expected for flavored cannabis; and WHEREAS, edible cannabis products have become increasingly common and are available in a variety of flavors and forms that appeal to children and young adults,39 ao including cotton candy, lollipops, gummy bears, brownies, chocolate chip cookies, "pot" tarts, Rice KrispiesT"" bars, and bubble gum, apple, cherry, chocolate, grape, peach, strawberry, and vanilla flavors; and WHEREAS, allowing growth and diversification of the legal THC edibles market, especially of products attractive to youth, with minimal statewide oversight and regulation is ; and WHEREAS the potency of cannabis and cannabis products has increased dramatically over the past decades from 4% tetrahydrocannabinol (THC) to 15-30+% THC in flower and up to 90% or more in extracted products,al a2 and growing evidence clearly supports greater risk from these products; and WHEREAS daily use of cannabis products over 10%THC has been associated with fivefold higher odds of de�eloping psychosis,43 and such daily use has greatly increased in the past decade amongst youth;� and WHEREAS, the U.S. Centers for Disease Control and Prevention has reported that electronic cigarette use among middle and high school students dramatically increased from 2017 to 2018, up 78% among high schoolers and 48% among middle schoolers;as and use of similar devices for consumption of cannabis by youth has been rapidly 3B U.S. Department of Health and Human Services. Preventing To6acco Use amw�g Youth artd Yoang Adults: A Report of the Surgeon Geneml. Adanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Heal[h Promotion, Office on Smoldng and Health; 2012:539. 39 Edibles Products & Reviews. Leafly..��a��.�v.i��„�.&frr�;��,�k��;�. Accessed September 18, 2017. 4° Modern consumable cannabis provides expanded flavor, quality. Spokesman.com. 2��p::,r",f�+�U,,,,��,��s�,;rs�. �S,:�a��esi'�C��ij' 28 oder�-��st�ra�� lecanr��s�.,� x� a�,a. �x`�+�.��`t�x;�,�.Acressed September 18, 2017. " Jaclanan T. Shatter. A super-high-potency mazijuana, appearing on East Coas�t. Washington PosG k �� r axz�:m, ,, ��:�¢s��-��s..�,��:c; l�sc��rq xa�1i�-sa��'� s�^�a�r•��,�;��s�rn�s�� c��s .��s� ��:��s�.�s�;�-€=c�tr^r-�,��r��,°ss� s�t�-��a��.. coast j2015 2/23/e09dfde4-a8fa-11e5-bff5-405b92f:xf94h storv.h��. Published December 23, 2015. Accessed September 20, 2017. 4z Blaszczak-Boxe A. Potent Pot: Marijuana Is Stronger Mow Than [t Was 20 Years Ago. Live Science. �vt��..t,� �, .:°.livescience.com/53644-marijuana-_ is-�troneer-now-than-20-years-��,�+��_r.�''^;, Published February 8, 2016. Accessed September 20, 2a17. 43 Di Forti et al, ibid. 44 Johnston, L. D., Miech, R. A., 0'Malley, P. M., Bachman, ]. G., Schulenberg, ]. E., & Patrick, M. E. (2021). Monitoring the Future national survey results on drug use 1975-2020: Overview, key Rndings un adolescent drug use. Ann Arbor: Institute for Social Research, University of Michigan. 45 Centers for Disease Control, Notes from the Field: Use of Electronic Cigarettes and Any To6acco ProductAmong Middle and High School Students — United States, 2011-2018. Available at:', ;.: f www.cdc,gov/mmwr volume �,j�JmmG745a5.httn. Last Accessed October 15, 2020. P: 651.290.7506 F: 651.290.7515 875 5ummit Avenue, St. Paul. W: www.PublicHealthlawCenter.org Minnesota 55105 7 increasing in Minnesota with 18.2% of high school students reporting they have ever used an e-cigarette device to vape marijuana 46 and WHEREAS, while the sale of edible cannabinoid products has been legalized in Minnesota, it continues to be a Schedule I prohibited substance federally and therefore presents special challenges in multiple federally regulated spheres including banking, broadcasting and immigration; and WHEREAS, youth exposure to advertising of products such as alcohol, tobacco and food has been shown to create positive attitudes, brand identification, and an increased likelihood of initiation and use of these products;4' as 49 and NOW THEREFORE, it is the intent of the ,'s :. _,. � a�.t �: `, in enacting this ordinance, to ... Consider adding these sratements if a local regu/atory framework, such as licensing and other specific policy provisions, is enacred: WHEREAS, the finds that a local regulatory system for cannabis retailers is appropriate to ensure that retailers comply with the cannabis laws and business standards of to protect the health, safety, and welfare of our youth and most vulnerable residents; and WHEREAS, has the opportunity to be proactive and make decisions that improve compliance among cannabis retailers with laws prohibiting the sale or marketing of cannabis products to underage persons; and WHEREAS, research has demonstrated that local tobacco retail ordinances dramatically reduce youth access to cigarettes, and therefore provide a useful model for preventing sales to youth of cannabis products. A review of U.S. jurisdictions with strong tobacco retailer licensing ordinances showed that youth cigarette and e-cigarette use was lower than in jurisdictions with weaker tobacco retailer licensing ordinances; and ab Minnesota Department of Health. Teens and Tobacco in Minnesota: Highlights from the 2020 Youth Tobacco Survey, 2021. Availableati.��°..a'fb=��a��^�➢.:�a��ta�k��` �% z�k�1��s��.r' �c �f;� o�ti_..f`��}ari?��^�� 47 Smith LA, Foxcroft DR. The effect of alcohol advertising, marketing and portrayal on drinldng behaviour in young people: systematic review of prospective cohort studies. BMC PublicHealth. 2009;9(1):51. doi:10.1186/1471-2458-9-51. 481Nellman RJ, Sugarman DB, DiFranza ]R, Winickoff JP. The Extent to Which Tobacco Marketing and Tobacco Use in Films Contribute to Children's Use of Tobacco: A Meta-analysis. Arch PediatrAdolesc Med. 2006;160(12):1285-1296. doi:10.1001/archpedi.160.12.1285. 49 Cairns G, Angus K, Hastings G, Caraher M. Systematic reviews of the evidence on the nature, extent and effects of food marketing to children. A retrospective summary.Appetrte. 2013;62(Supplement C):209-215. doi:10.1016/j.appet.2012.04.017. P: 651.290.7506 F: 651.290.7515 875 Summit Avenue, St. Paul. W: www.PublicHealthlavuCenter.org Minnesota 55105 � WHEREAS, a requirement for a cannabis retailer permit will not unduly burden legitimate business activities of retailers who sell or distribute cannabis or cannabis products to adults, but will allow to regulate the operation of lawful businesses to discourage violations of state and local cannabis-related laws; and WHEREAS, has a substantial interest in promotin� compliance with state and local laws intended to regulate cannabis sales and use; in promoting compliance with laws prohibiting sales of cannabis and cannabis products to underage persons; and WHEREAS, low prices are known to facilitate use of tobacco by minorsSD and while prices of cannabis should not be so high as to promote illicit sales, they should also not be artificially lowered through discounting or depressed by overproduction; and WHEREAS, research demonstrates that youth are particularly price sensitive and responsive to changes in price,sl and in the case of tobacco, when cigarettes cost more, fewer adolescents start smoking,5z and similar findings are expected for cannabis; and NOW THEREFORE, it is the intent of the ' in enacting this ordinance, to ensure responsible cannabis retailing, allowing legal sale and access, without promoting increases in use, and to discourage violations of cannabis-related laws, especially those which prohibit or discourage the marketing, sale or distribution of cannabis and cannabis products to youth under 21 years of age. These sample findings were prepared by the Public Health Law Center, located at the Mitchell Hamline School of Law in St Paul, Minnesota. This publication was funded by a grant from the Robert Wood Johnson Foundation. The Public Health Law Center provides information and legal technical assistance on issues related to public health. The Center does not lobby nor does it provide direct legal representation or advice. This document should notbe considered legal advice. so US Department of Health and Human Services (2012), ibid. sl Chaloupka F. Tobacco Conb-ol Lessons Learned: The Impact ofState and Local Policies. Chicago, IL: University of Illinois at Chicago; 2010. a _.�,. . , �� .b 4 x , � _� �c.� �.� a�_ > ,, °a m...�<�. ,rx:.. .� �., �.. __ .�.. %.. ;��R��..��,�c Accessed September 19, 2017. Sz US Department of Health and Human Services (2012), ibid. R: 651.290.75Q6 F: 651290.7515 875 Summit Avenue. St. Paul, W: www.PublicHealthlawCenter.org Minnesota 55105 ORDINANCE NO. 259, 2na Series AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS NOW, THEREFORE, the City Council of the City of Becker does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC ("THC Products"). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the 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, and distribution of THC Products. 4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on THC Products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study THC Products and uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of THC Products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of THC Products within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to THC Products or twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Becker shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to THC Products or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the CiLy of Becker shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products within the City of Becker. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Becker from any potential negative impacts of THC Products. 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. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty listed in Becker City Code § Sec. 1.03. SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. SECTION 7. SEVERABILITY. Should any section, subdivision, clause, or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its passage and publication. Adopted this 16�' day of August 2022. Tracy Bertram, Mayor ATTEST: Julie Blesi, City Clerk Ordinance No. 2022- The City Council of the City of Hermantown Does Ordain: AN ORDINANCE DECLARING A TEMPORARY MORATORIUM ON EDIBLE CANNABINOID PRODUCTS DERIVED FROM HEMP WITHIN THE CITY OF HERMANTOWN WHEREAS, the 2022 Minnesota State Legislature amended Minnesota Statutes § 151.72 to allow the sale of certain cannabinoid products derived from hemp; and WHEREAS, the zoning ordinances, licensing framework and other regulations of the City of Hermantown presently do not address the issues presented by the expanded authority to sell certain cannabinoid products derived from hemp; and WHEREAS, the City Council desires to have the issue of edible cannabinoid products derived from hemp studied further by the City Staff and obtain input from Hermantown residents, and other interested parties; and WHEREAS, the City Council has requested the City Staff study the issue of edible cannabinoid products derived from hemp at the earliest possible time and provide its report and recommendation with respect to possible new zoning or licensing ordinance or other regulations that are necessary and desirable; and WHEREAS, in the meantime the City Council desires that no product sale or the development, construction or creation, or new permitting of any business or activities involved with edible cannabinoid products derived from hemp occur within the City until such study, recommendations and decisions are completed and made, as the case may be; and WHEREAS, accordingly the City Council believes that it is in the best interest of the City of Hermantown that a temporary moratorium be imposed involving edible cannabinoids derived from hemp within the City of Hermantown. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hermantown, Minnesota, that the following regulations be adopted as an Ordinance of the City of Hermantown: 1. No person, firm, entity, or corporation shall sell such product or construct, develop or create a business, or receive a new permit to conduct any activity involving edible cannabinoid products derived from hemp in the city until the earlier of (i) February 1, 2023 or (ii) the effective date of ordinance provisions relating edible cannabinoid products derived from hemp in the City of Hermantown. 2. This Ordinance is adopted pursuant to the provisions of Minnesota Statutes Section 462.355, Subdivision 4. 3. The purpose and intent of this Ordinance is set forth in the above whereas clauses. 4. This Ordinance sha11 be effective immediately upon adoption. 5. This Ordinance shall be published once in the official newspaper of the City of Hermantown. 6. City Staff is hereby directed to study the issues presented by edible cannabinoid products derived from hemp and provide its report and recommendations to the City Council as soon as possible. Dated the day of August, 2022. Mayor ATTEST: City Clerk Adopted: Published: Filed: Effective Date: City af Stillwater Washington County, Minnesota ORDINANCE N01178 AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TU CANNABIS AND NONINTOXICATING CANNABINOIDS (CBD) SALES, TESTING, MANUFACTURING UR DISTRIBUTION FOR ONE YEAR 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 under.taking 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 nonintoxicating cannabinoids (CBD) whether for medical, recreational or for other human or animal consumption purposes and may implement many of the suggestions from the study. NOW, THEREFURE, the City Council of Stillwater does ordain: 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 nonintoxicating cannabinoids extracted from hemp (CBD) in any form, for a period of up to twelve (12) months from the effective date of this ordinance or unral ordinances regulating such uses become effective or until the Council rescinds this Interim Ordinance, whichever occurs first. SE. CTI(Zj� City Staff is directed to conduct a study tv gather information and make a recommendation to the Council to determine iF the Zoning Qrdinance and City Code need to be amended regarding these types of uses to better protect the citizens of Stillwater, and if so, what regulations are appropriate. SECTION 3�UMMARY 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 cosfi 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 aze necessary and rescinds the interim ordinance or for a period of one year, whichever occurs first. SECTION 4 EFFECTIVE D TE 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 [nterim Ordinance or twelve (12) months from its effective date, whichever occurs first. Approved this 16th day of November, 2021. CITY OF WAT R • � Ted Kozlowski, Mayar ATTE3T: �� Beth Wolf, City Clerk 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA � ss COUNTY OF WASHINGTON Karen Nelson being duly sworn on an oath, states or afiirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gatzette with the known oftice of issue being located ia the county of: WASHINGTON with additional circulation in the countias of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the reqtrirements constituting qualifica- taon as a qualified newspaper as provided by Minn, Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper{s) once each week, for 1 successive week{s); the frst insertion being on 11/19/2021 and the last insertion being on l 1119/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage fore�losure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). IF the newspaper's known of�'ice of issue is located in a caunty adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's c'ircuIation is in the latter county. BY: �_ .� Srrr� Designated Agent Subscribed and sworn to or afiirmed before me on l l/19/2A21 by Karen Nelson. Notary Public � �ri.,;, DIANE H ERICKSON a-: �'�` ' • �x NOTARY PUBL►C � �1� �`` PAINNESOTA � �� My Commission Expirea Jan 31, 2024 Rate Information: (1) Lowest classi6ed rate paid by commercial users for compazable spxce: $40.00 per column inch CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA ORDINANCE NO 1178 AN INTEiiIM ORDINANCE PROH181TIN(i THE ESTABLISNMENT OF NEW USES OR THE EXPANSION OF EXISTING USE8 RELATED TO CANNABIS AND NONlNTOI(ICATING CANNABINOIDS (CBD) SALES, TESTINO, MANUFACTURINO OR DISTRIBUTION FOA ONE YEAR The CHy Council of the City of Stillwater does ordafn: The City will ba undergoing a study regarciing CBD and cannabis uses to determine tf regulations surrounding mning and Kcansing are appropriate. !Jo new use may be established, and no exi6ting use may be expanded urrtil the City adopts regulations regarding these uses, or detertnines no regulations are necessery and rescinds the interim ordinance or for a period of one y�r, whichaver occure flrst. Approved this 18th day of November, 2021, Do not hesitate to contaCt the City Clerk's Office (651) 430-8802 ff you have arry questions or need further Informatlon. 3lgned: Beth WoM, City Clerk Published In the Stiliwater Gazette November 19, 2021 1184538 Ad ID 11B4536