8.2 SR 08-07-2023Request for Action
To Item Number
Ma Tor and CinT Council 8.2
Agenda Section Meeting Date Prepared by
General Business August 7, 2023 Cal Pormer, Cit�T Administrator
Item Description Reviewed by
Ordinance Amendment: Prohibiting the Jared Shepherd, CityT Attorne�r
Smoking or Vaping of Cannabis on Public Reviewed by
Propert�r Tina Allard, Cit�r Clerk
Action Requested
Receive information, discuss, and provide input to a potential ordinance if desired.
Approve, byT motion, an ordinance prohibiting the smoking and vaping of cannabis on public propertyT.
Background/Discussion
The iVlinnesota Legislature approved, and the Governor signed a la`v legalizing the adult use of cannabis in the
State of Minnesota.
The law is confusedlyT `vritten to on1yT allo`v cannabis consumption in a private residence/yTard, on private property
not generall�T accessible byT the public, unless the properttT owner prohibits its use or on the premises of an
establishment oY event licensed to peYmit onsite consumption.
The law further prohibits use in public places governed byT the Minnesota Clean Indoor rlir Act (MCIr1A). The
MCIr1A does allow for cities to adopt more stringent regulations to protect individuals from secondhand smoke
or from involuntaryT exposure to aerosol or vapor from electronic smoking devices. This includes outdoor areas
�vhere minor children are present.
The CityT of Elk River currentlyT does not have an ordinance prohibiting smoking or vaping of tobacco or other
products on public properttT. The draft ordinance prohibits the smoking and vaping of cannabis products on all
public propeYt�r including cityr parks, natuYe areas, trails/sidewalks, parking lots, streets, outlots, right-of tivayr,
ponds, and wateY ways.
Financial Impact
N/A
Mission/Policy/Goal
Elk River Mission
Attachments
■ LMC Memo
■ Ordinance Draft
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.
row�REo er
�I'1 ����
Up�iited.• August 2020
7/24/23, 1:54 PM Focus on New Laws: Cannabis Possession Legal Beginning Aug. 1- League of Minnesota Cities
0
LMCMINNESOTA
CITIES
Focus on New Laws: Cannabis
Possess i o n Leg a I Beg i n n i n g Au g.
1
July 24, 2023
Cities will want to consider updating their ordinances related to smoking in public places to
include cannabis.
During the 20231egislative session, a new law was passed that legalized adult-use cannabis in
Minnesota beginning Aug. 1, 2023. Cities should understand what products are legal and what
regulatory actions can be taken at this time.
Read the League's FAQs on the new law to learn more about enforcement and public safety.,
emp�ment, and other regulatory considerations of adult-use cannabis.
Ca n n a b i s I eg a I to possess, u se, a n d g row
beginning Aug. l
This law allows a person 21 years of age or older to:
• Use, possess, or transport cannabis paraphernalia.
• Possess 2 ounces or less of cannabis flower in a public place.
• Possess 2 pounds or less of cannabis flower in a person's residence.
• Possess or transport 8 grams or less of adult-use cannabis concentrate.
• Possess or transport edible products infused with a total of 800 milligrams or less of
tetrahydrocannabinol.
• Give away cannabis flower and products in an amount that is legal for a person to possess in
public.
Home growth of cannabis will also be authorized beginning Aug. 1, allowing an individual to
cultivate up to eight cannabis plants, of which, up to four may be mature, flowering plants.
Home growth of cannabis must be in an enclosed, locked space that is not open to public view.
Where cannabis and cannabis products
can and cannot be consumed
The law explicitly authorizes individuals to use adult-use cannabis flower and adult-use
cannabis products:
• In a private residence, including the individual's curtilage or yard.
https://www.lmc.org/news-publications/news/all/fonl-cannabis-possession-legal-beginning-aug-1/ 1/2
7/24/23, 1:54 PM Focus on New Laws: Cannabis Possession Legal Beginning Aug. 1- League of Minnesota Cities
• On private property, not generally accessible by the public, unless the owner of the property
prohibits the use of the products.
• On the premises of an establishment or event licensed to permit onsite consumption.
A person may not use cannabis flower, cannabis products, or hemp-derived consumer products
in a manner that involves the inhalation of smoke, aerosol, or vapor at any location where
smoking is prohibited under the Minnesota Clean Indoor Air Act (MCIAA).
The law is silent on whether cannabis can be smoked in public places other than public places
governed by the MCIAA. While the law does not specifically authorize the use of cannabis in
public places, it does not create any penalty for use in a public place other than those governed
by the MCIAA. If a city would want an enforcement mechanism to prevent the use of cannabis
in public places, it would need to adopt an ordinance prohibiting such use and make it a petty
misdemeanor.
The new law does not clearly define the types of locations that are considered not generally
accessible by the public. Therefore, any city ordinance should clearly define such locations.
Existing ordinances related to smoking in public places may cover cities for these products,
cities should review their ordinances and determine if any changes are necessary.
In addition, the MCIAA authorizes cities to adopt more stringent regulations to protect
individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from
electronic smoking devices.
Cannabissalesstill illegal
It is unlawful to sell cannabis and cannabis products without a license received from the Office
of Cannabis Management. State agencies have indicated that retail licenses will not be issued
until January 2025 at the earliest, any sales attempted until licenses are issued are illegal. This
does not apply to edible cannabinoid products regulated under Minnesota Statutes, section
151.72.
Read more news articles
Your LMC Resource
Alex Hassel
Intergovernmental Relations Representative
(651) 281-1261 or (800) 925-1122
ahasselna lmc.org
Kyle Hartnett
Asst. Research Manager/Staff Attorney III
(651) 215-4084 or (800) 925-1122
khartnett@lmc.org
https://www.lmc.org/news-publications/news/all/fonl-cannabis-possession-legal-beginning-aug-1 / 2/2
ORDINANCE NO.
CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 26
OF THE ELK RIVER CITY CODE CONCERNING THE USE OF
CANNABIS AND HEMP PRODUCTS IN PUBLIC
THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA ORDAINS:
SECTION 1. CHAPTER 26, HEALTH AND SANITATION, is hereby amended to
create Article V, section 26-200, section 26-201, and section 26-202 by adding the following
language:
ARTICLE V. PUBLIC CONSUMPTION OF CANNABIS AND HEMP PRODUCTS
26-200: DEFINITIONS
As used in this chapter, the terms defined in Minn. Stat. §151.72, Minn. Stat. § 342.01, and this
section shall have the meaning ascribed to them:
PUBLIC PLACE: Property owned, leased, or controlled by a governmental unit and private
property that is regularly and frequently open to or made available for use by the public in
sufficient numbers to give clear notice of the property's current dedication to public use but does
not include:
1. A person's dwelling house or premises, including the person's curtilage or yard; or
2. Private property not generally accessible by the public, unless the person is explicitly
prohibited from consuming cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products on the property by the owner of the
properry; or
3. The premises of an establishment or event licensed to permit on-site consumption.
26-201: PROHIBITED ACTIVITY
No person shall use cannabis flower, cannabis products, hemp-derived consumer products, or
certain cannabinoid products in a public place. Low-potency hemp edibles and edible cannabis
products are exempt from prohibition under this section.
26-202: PENALTY
Violation of this section shall be a petty misdemeanor punishable to the maximum extent
authorized in Minn. Stat. § 412.231 and Minn. Stat. § 609.0332.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
z2�36s�i
Passed and adopted by the City Council of the City of Elk River this 7�' day of August 2023.
John J. Dietz, Mayor
ATTEST:
Tina A
z2�36s�i