HomeMy WebLinkAboutCity Council Ordinance 2023-13CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2023-13
INTERIM ORDINANCE PROHIBITING THE
OPERATION OF CANNABIS BUSINESSES
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. FINDINGS AND PURPOSE.
A. By enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted Minn. Stat.
ch. 342, legalizing adult -use cannabis and permitting the operation of cannabis businesses and the sale of
cannabis flower and cannabis products for human consumption. This law creates a new agency, the Office
of Cannabis Management, to regulate the sales of cannabis products.
B. The new law does enact some requirements for production, labeling, and testing, and sale
of cannabis products at the state government level. However, the new law creates uncertainty that will
need to be resolved by the passage of further regulations by the Office of Cannabis Management.
C. The new law establishes that cannabis businesses are subject to a new local registration
system and must comply with local zoning code. The new law provides no guidance on how cities are to
zone the new businesses, leaving it to local control.
D. Pursuant to Minn. Stat. § 342.13, the city is authorized to adopt an interim ordinance
prohibiting the operation of a cannabis business in order to protect the planning process and the health,
safety, and welfare of its citizens. Under Minn. Stat. § 342.13, such ordinance may remain in effect until
January 1, 2025.
E. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 412.221,
subd. 32, the city may enact regulations regarding to promote the health, safety, order, convenience, and
the general welfare of the city. This power permits the city to implement a moratorium to study the selling,
testing, manufacturing, and distributing of cannabis products to determine if regulations are necessary for
the sake of good order of the city.
F. The City Council finds that it is necessary to study the application of 2023 Session Laws
Chapter 63, and the products, uses, and businesses related thereto, in order to assess the necessity for and
efficacy of regulations and restrictions relating to the selling, testing, manufacturing, and distributing of
cannabis flower and cannabis products including through zoning ordinances, in order to protect the public
health, safety, and welfare of its residents.
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SECTION 2. DEFINITIONS. The following terms when used in this ordinance shall mean:
Official controls. "Official controls" or "controls" means ordinances and regulations which control
the physical development of the city or any part thereof or any detail thereof and implement the
general objectives of the comprehensive plan. Official controls include ordinances establishing
zoning, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps.
Cannabis Business. "Cannabis Business" has the meaning given in Minn. Stat. § 342.01, subd. 14,
as amended.
Cannabis Flower. "Cannabis Flower" has the meaning given in Minn. Stat. § 342.01, subd. 16, as
amended.
Cannabis Product. has the meaning given in Minn. Stat. § 342.01, subd. 20, as amended.
SECTION 3. INTENT AND AUTHORIZATION:
A. It is the intent of this ordinance to allow the City of Plymouth time to complete a study
concerning adoption of revisions of the city's official controls for the manufacturing, testing, distributing,
and selling of Cannabis Flower and Cannabis Products, and the operation of Cannabis Businesses.
B. City staff is directed and authorized to conduct a study of the city's official controls that
may need to be adopted or amended to protect the public health, safety, and welfare as they relate to the
manufacturing, testing, distributing, and selling of Cannabis Flower and Cannabis Products, and the
operation of Cannabis Businesses.
SECTION 4. MORATORIUM.
A. Pending the completion of the above referenced study and the adoption of appropriate
official controls, the following is prohibited within the city:
The manufacturing, distributing, and selling of Cannabis Flower and Cannabis Products, and the
operation of any Cannabis Business.
B. The city shall not issue any license, permission, or permit related to the manufacture,
distribution, and sale of Cannabis Flower, Cannabis Product, or the Operation of any Cannabis Business.
C. This moratorium does not apply to the selling, testing, manufacturing, or distributing of
Cannabis Products or Cannabis Flower or the operation of Cannabis Businesses related to the Medical
Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is
done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis.
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 Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary
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to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the city's
general penalty in City Code § 2000.01.
SECTION 6. EFFECTIVE DATE AND TERM. This ordinance shall take effect immediately upon its
passage and shall remain in effect until January 1, 2025, or until the adoption of the official controls being
studied, whichever occurs first.
ADOPTED this 26th day of September, 2023, by the City Council of the City of Plymouth, Minnesota.
By
ATTEST:
Jodi Gallup, City Clerk
227s2svl
Jeffry Wosje, Mayor