Loading...
HomeMy WebLinkAboutOrdinance 1679ORDINANCE NO. 1679 BEING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PRODUCTION AND SALE OF EDIBLE CANNABINOID PRODUCTS CONTAINING TETRAHYDROCANNABINOL (THC) WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does herby ordain: (a) Preamble The City of Columbia Heights ("City") recognizes the significant public interest in new amendments to chapter 151 and 152 of Minnesota State Statute. These laws took effect July 1, 2022 and make it legal to sell edible products that contain certain amounts of hemp derived tetrahydrocannabinol (THC). Further, the application of the new law has demonstrated a clear shortcoming of behalf of the City and the City's code. For example, the City's code of ordinances lacks any regulations in the form of, zoning, sales, testing, manufacturing, and distribution of THC containing products. Specifically, regulations similar to those on other products such as alcohol or tobacco. The City is concerned that without a temporary moratorium, new businesses and uses will expand significantly prior to the establishment of necessary safety regulations and procedures. Overall, the City Council finds it necessary to conduct an in-depth study of and effectuate changes to, the City's Code of Ordinances. Changes that would regulate, enforce, and or license the sales, testing, manufacturing, and distribution of edible cannabinoid products containing THC. Upon completion of the foregoing study and the resulting changes that will be established, the City will revoke the interim ordinance and enforce the newly adopted regulations and procedures. (b) Moratorium Established; Scaoe (1) In accordance with the above and pursuant to authority granted by Minn. Stat. § 462.355, the City hereby establishes a moratorium on the production and sale edible cannabinoid products containing tetrahydrocannabinol (THC) within the City of Columbia Heights. (2) During the effective period of this interim ordinance, the City of Columbia Heights will prohibit the production and sale edible cannabinoid products containing tetrahydrocannabinol (THC) pending the completion of the above referenced study and the adoption of appropriate official controls. (3) The moratorium shall not apply to preexisting businesses selling or producing edible cannabinoid products containing tetrahydrocannabinol (THC) before the effective date of this ordinance. (c) Enforcement Any person, corporation, or other entity found to be in violation of this Ordinance shall be guilty of a misdemeanor. The City may enforce this Ordinance by mandamus, injunction, or other appropriate criminal or civil remedy in any court of competent jurisdiction. Ordinance 1679 City of Columbia Heights - Ordinance (d) Term Unless earlier rescinded by action of the City Council, the moratorium established by this Ordinance shall remain in full force and effect for 12 months after its effective date. The moratorium may be extended as provided in Minn. Stat. §462.355, subd. 4(d). (e) Effective Date This ordinance shall be in full force and effect from and after the date of its passage. First Reading: August 8, 2022 Offered by: Jacobs Seconded by: Buesgens Roll Call: All Ayes Second Reading: August 22, 2022 Offered by: Jacobs Seconded by: Novitsky Roll Call: All Ayes, Murzyn Jr. Absent Date of Passage: August 22, 2022 Attest: ara Ion, City Clerk/Council Secretary Page 2 'W VA. W K M sms. VMMdia • .J• Ordinance 1679 SUMMARY OF ORDINANCE NO. 1679 BEING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PRODUCTION AND SALE OF EDIBLE CANNABINOID PRODUCTS CONTAINING TETRAHYDROCANNABINOL (THC) WITHIN THE CITY OF COLUMBIA HEIGHTS The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1679 on August 22, 2022. The purpose of this ordinance is to establish, upon passage, a moratorium on the production and sale of edible cannabinoid products containing tetrahydrocannabinol (THC) within the city of Columbia Heights. As an Interim ordinance this ordinance prohibits the described actions for 12 months after its passage dated August 22, 2022 and can only be extended with further action by the city council described in state statute section 462.355. This ordinance does not apply to preexisting businesses selling or producing these products prior to the passage date. These businesses will be allowed to continue to operation as they were before the law went into effect August 22, 2022. This is a summary of Ordinance No. 1679. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov. Attest: A ada Marquez SirIkU Mayor 5 Ion, City Clerk/Council Secretary