ORD 23-19ORDINANCE NO.23-19
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
property; 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.
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Passed and adopted by the City Council of the City of Elk River this 7u' day of August 2023.
J DietzJ)Wa yor
ATTE
Tina Allard, City Clerk
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