HomeMy WebLinkAbout03-06-2023 City Council Work Session Packet
CITY COUNCIL WORK SESSION
Mayor
Amáda Márquez Simula
Councilmembers
Connie Buesgens
Kt Jacobs
Rachel James
Justice Spriggs
City Manager
Kelli Bourgeois
Public Safety Bldg—Training Room, 825 41st Ave NE
Monday, March 06, 2023
6:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and
entering meeting ID 861 4690 4172 or by Zoom at https://us02web.zoom.us/j/86146904172. For
questions please call the Administration Department at 763-706-3610.
CALL TO ORDER/ROLL CALL
WORK SESSION ITEMS
1. Sustainability Commission Draft Ordinance and Interview Questions. (20 Minutes)
2. THC Moratorium Update and State Legalization Overview. (10 Minutes)
3. NIMS Training for Council. (5 Minutes)
4. Introduction to Property Maintenance and Rental Licensing. (45 Minutes)
5. Single Family Rental Moratorium, Density Cap, and Accessory Dwelling Unit (ADU)
Discussion. (30 Minutes)
6. Discuss Special Services District for Central Avenue Snow Removal. (10 Minutes)
7. SACA Relocation and Deadline for City Owned Lot. (10 Minutes)
8. Youth Commission Membership Number and Appointment Process. (10 Minutes)
9. Board and Commission Interviews Scheduled for March 13th and 14th. (5 Minutes).
ADJOURNMENT
Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is
made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements.
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CITY COUNCIL MEETING
AGENDA SECTION WORK SESSION
MEETING DATE MARCH 6, 2023
ITEM: Sustainability Commission Draft Ordinance and Interview Questions.
DEPARTMENT: Public Works BY/DATE: Sulmaan Khan / March 1, 2023
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning X Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND: The Columbia Heights City Council has made a decision to establish a new Sustainability
Commission within the City. Assistant City Engineer, Sulmaan Khan, will share and discuss a new draft
City Ordinance for the Sustainability Commission as well as share and discuss a draft Sustainability
Commission Overview and Job Description.
ATTACHMENT: Draft Sustainability Commission Ordinance
Draft Sustainability Commission Overview and Job Description
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Item 1.
Sustainability Commission City Ordinance
§ 3.3XX SUSTAINABILITY COMMISSION.
(A) Establishment. A Sustainability Commission is hereby established.
(B) Membership. The Sustainability Commission shall be composed of nine members.
The Public Works Director, or a person designated by the Public Works Director, shall
serve as an ex officio member of the Commission.
(C) Authority and Duties. The Sustainability Commission shall serve as an advisory body
to the Council and the administrative service of the city. The Commission shall advise and
make recommendations to the City Council on how to operate in an environmentally,
socially, and economically sustainable manner within the city on its own initiative, or as
referred to the Commission by the Council or the administrative service of the city. The
Commission shall conduct public hearings as are necessary to give full consideration to
such matters. Written recommendations shall be forwarded to the Council and the
Manager.
(D) Following Council action, the City Manager shall direct the administrative service to
act on said recommendation(s).
(E) The Sustainability Commission shall recommend improvements or initiatives related
to sustainability as may be necessary and desirable, but shall at all times be subject to the
direction and authority of the Council, and the right of the Council to direct that the
Commission recommendations be modified or not pursued.
(F) Where required by the laws of the State of Minnesota, consent of any applicable
agency officials for recommendations and findings that have impacts to right of way not
within the exclusive jurisdiction of the City shall be obtained prior to formal Council action
on the Commission's recommendations.
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Item 1.
Columbia Heights Sustainability Commission
Commission Overview and Member Position Description
Sustainability Commission Overview
The Traffic Commission is a voluntary resident advisory commission whose purpose is to advise and make
recommendations on how to operate in an environmentally, socially, and economically sustainable manner.
Meeting Date and Time: TBD
Membership: Nine Columbia Heights residents appointed by the City Council for three-year terms. The Public Works
Director, or person designated by the Public Works Director, will serve as an ex-officio member of this commission. A
City Council member serves as liaison to the City Council.
Sustainability Commission Member Position Description
Terms: 3 years from April 1 to March 31. Members are limited to two consecutive full terms.
Necessary Qualifications: Be a current resident of the City of Columbia Heights.
Desired Qualifications:
The Sustainability Commission is ideally made up of a diverse array of community members with different skills,
experiences, and talents. Some combination of the following qualifications is ideal:
A willingness and ability to engage with the public and to understand and represent the views and opinions of
diverse community members
The ability to function well in group discussions, and to work in a flexible way with others who have a diversity of
opinions and interests
The ability to assess information and make important decisions
Excellent communication skills
A strong sense of legal and ethical conduct appropriate to the position
The courage to state one’s views on important issues and speak openly and directly, though always respectfully,
with staff and other commission members
Some basic understanding of the broader structures of city governance in Columbia Heights and of the issues
facing the City
Requirements and Expectations:
Read distributed materials before each meeting
Attend and participate in monthly meetings (length varies but typically 1 hour or less) and let the staff liaison
know if you are unable to attend
Reviews, drafts, and recommends sustainability proposals including, but not limited to developing policies and
programs related to reducing carbon emissions, conserving natural resources, promoting social equity, and
ensuring economic prosperity
Hold public hearings to hear the views regarding sustainability proposals
Seek public input
Educate the public and promote sustainable measures and practices within the City
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Item 1.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE 3/6/23
ITEM: THC Moratorium Update and State Legalization Overview
DEPARTMENT: Community Development BY/DATE: Mitchell Forney, 2/23/23
CITY STRATEGY:
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
THC LEGISLATIVE BACKGROUND AND CITY RESPONSE:
Towards the end of the 2022 legislative session, the State of Minnesota passed a law amending state statute
which legalized the sale of edible cannabinoids derived from hemp. In reaction to the new law, the City placed
a temporary moratorium on the production and sale of hemp derived THC food and bevera ges. Staff have
continued work on the goals of the moratorium and would like to update the new Council on the current state
of THC regulations not only within the City but also within the state.
Effective July 1, 2022, state law amended MN state statute Ch. 151.72 subd.1-6 and chapter 152.02 to legalize
the sale and production of edible cannabinoid products. Products defined in the amendment are not
considered controlled substances and have been removed from the schedule 1 drug classification under state
law. These products must meet a variety of requirements but most importantly they cannot contain more
than 0.3 percent of any tetrahydrocannabinol and must not contain more than five milligrams of any
tetrahydrocannabinol in a single serving, and no more th an a total of 50 milligrams of any
tetrahydrocannabinol per package. The new law established a variety of testing procedures and labeling
requirements with regard to the allowed amount of THC and prescribed packaging . Under the new law,
enforcement of the state regulations falls on the Minnesota Board of Pharmacy. Packaging and laboratory
reports are not required to be submitted to the board but are only required if the Board of Pharmacy requests
them. The Minnesota Board of Pharmacy is not proactively reviewing products but will conduct required
actions upon receiving a complaint.
On August 22, 2022, the City Council passed Ordinance 1679 placing a moratorium on the production and sale
of hemp derived THC food and beverages. The purpose of establishing a moratorium was to put a hold on new
THC related business from entering the City. This space was meant to give staff the time necessary to establish
zoning and licensing procedures related to the new products.
To accomplish the goals of the moratorium Community Development staff put together a THC work group.
The work group consisted of police and fire department staff, the manager of the liquor store s, and three local
business owners. Before the first work group meeting, staff created a draft ordinance based off of other
communities ordinances and current Columbia Heights liquor and tobacco ordinances. At the work group
session, the group walked through the draft ordinance and created a plan for adjusting it to fit with the
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Item 2.
City of Columbia Heights - Council Letter Page 2
community. Some of the major concerns brought up by the work group were making sure that the
establishments were far enough away from schools, playgrounds, etc., and ensuring that there were not any
major barriers to entry for small businesses. Staff made edits to the ordinance and presented the ordinance as
seen in your packet as the final draft before bringing it to the Council.
The attached ordinance establishes the licensing procedures for hemp derived THC involved businesses. The
ordinance follows very closely the policies and procedures used in our tobacco and alcohol licensing. Staff
found that the City’s zoning code was already comprehensive enough to limit THC related business to
commercial areas. Which makes a zoning code amendment not necessary currently. Staff also worked with the
work group to create a THC Containing Beverage License. That Ordinance would have allowed for that license
to be added on to beer and wine license holders. The THC Containing Beverage ordinance has not been
included as it is in rough draft form and has been rendered irrelevant due to recent state actions. The THC
Containing Beverage License was established from current beer and wine license requirements along with
those rules outlined in the attached draft ordinance.
NEW LEGALIZATION LEGISLATION:
Early in the 2023 legislative session, Representative Stephenson introduced House File 100 (H.F. 100). H.F. 100
is considered the main text with regards to the legalization of cannabis and THC Containing products. There is
also a senate file moving through the senate paralleling the path of H.F. 100. As it stand s, H.F. 100 legalizes
cannabis, establishes the office of cannabis management, and hashes out all related aspects of regulating the
industry. The bill itself is 321 pages long and covers almost every aspect of state regulation. Currently H.F. 100
has made its way through 10 of the 14 planned committee hearings, receiving testimony and deliberating
amendments along the way. As it affects cities, H.F. removes a lot of control from all counties and
municipalities. Until a recent amendment, cities had no control over zoning, licensing, or outright outlawing
these products.
To ensure a universal standard, all licensing will be done by the state in the current draft of the bill. However,
a recent an amendment to the bill established local registration. If approved with this amendment, local
registration would be required to sell cannabinoid products and municipalities could charge up to $200 for a
registration fee. By inserting cities into the registration process, the law allows cities to have leverage over
businesses that are not operating within the confines of state law. While not an entire licensing program, local
registration moves closer to allowing cities some control over these businesses. The entirety of the city’s
powers can be found in attachment three, which is the amendment that was adopted to H.F.100.
RECOMMENDATION:
Considering recent developments at the state level with H.F. 100, Community Development staff recommend
holding off on any THC related decisions until the state identifies a clearer path forward regarding the
regulation of THC and cannabis. As stated above, the current house file has been thoroughly amended and still
has a long way to go before it becomes law. Cities have been given a degree of licensing authority recently,
but it is still up in the air on how much a city will b e responsible for. Holding off on pushing any THC related
ordinance forward will save staff time and prevent confusion from local businesses. By the time a THC
resolution or licensing program would take effect, the state will have changed at least a portion of the
licensing program, which could result in THC related businesses being billed for a license that will become
obsolete. Part of the state law creates a route for the newly established commission to assist local
governments in establishing ordinances after the law is changed. Staff recommend maintaining the
moratorium until the state and city establish a congruent licensing procedure or the moratorium lapses on
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Item 2.
City of Columbia Heights - Council Letter Page 3
August 22nd, 2023. This topic can be revisited if the council would like to reconsider its path ahead in June,
especially if the state fails to pass any guidance.
ATTACHMENT(S):
Draft THC Licensing Ordinance
House Research HF 100 Summary
H.F. 100 Amendment A47
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Item 2.
§XXXX DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
Compliance Checks. The system the City uses to investigate and ensure that those authorized to sell
licensed products are following and complying with the requirements of this article. Compliance checks
shall involve the use of persons under 21 who purchase or attempt to purchase licensed products.
Compliance checks may also be conducted by the City or other units of government for educational,
research, and training purposes, or for investigating or enforcing Federal, State, or local laws and
regulations relating to licensed products.
Licensed THC Containing Product or Licensed Product. Any product that contains tetrahydrocannabinol
and that meets the requirements to be sold for human or animal consumption under Minnesota
Statutes, section 151.72, as may be amended from time to time. Licensed product does not include
medical cannabis as defined in Minnesota Statutes, section 152.22, subdivision 6, as may be amended
from time to time.
Moveable Place of Business. Any form of business operated out of a kiosk, truck, van, automobile, or
other type of vehicle or transportable shelter and not a fixed address storefront or other permanent
type of structure authorized for sales transactions
Retail Establishment. Any place of business where licensed products are available for sale to the general
public, including, but not be limited to, grocery stores, tobacco products shops, CBD stores, convenience
stores, gasoline service stations, bars, and restaurants.
Sale. Any transfer of goods for money, trade, barter, or other consideration.
Self-Service Merchandising. Open displays of licensed products in any manner where any person has
access to the licensed products without the assistance or intervention of the licensee or the licensee's
employee. Assistance or intervention means the actual physical exchange of the licensed product
between the customer and the licensee or employee.
Vending Machine. Any mechanical, electric, or electronic, or other type of device that dispenses licensed
products upon the insertion of money, tokens, or other form of payment directly into the machine by
the person seeking to purchase the licensed product.
§XXXX LICENSE.
(A) License Required. No person shall directly or indirectly deal in, sell, or keep for sale any licensed THC
containing products, without first having received an off-sale THC containing product license as provided
in this section.
(B) Licensed Retailors. Only businesses that are defined below shall be allowed to obtain a license to sell
licensed products as established in this chapter.
(1) Businesses that have obtained a Smoke shop license. Or;
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Item 2.
(2) Businesses that derive at least 80% of the annual gross receipts from the sale of licensed THC
containing products (as defined above), and products containing legal cannabinoids.
(B) Number of Licenses. At any given time, there shall be no more than _ licensed THC containing
product shops throughout the city, all with off-sale THC containing product licenses.
(C) Application. An application for a license to sell licensed products shall be made on a form provided by
the City and filed, along with all required fees, with the City’s licensing clerk. Upon receipt of a
completed application, the Clerk shall forward the application to the Police Department for a
background and record check prior to formal review by the City Council. If the Clerk shall determine
that an application is incomplete, they shall return the application to the applicant with notice of the
information necessary to make the application complete. The investigation fee is applied to the city's
costs of the background investigation of the retail establishment and all person or entities that have at
least a five percent financial interest in the retail establishment. The property must be in compliance
with all applicable laws and ordinances. The public safety department shall conduct the background
investigation before consideration by the city. All applications shall thereafter be considered and
approved or denied by the city council.
All applicants:
(1) Whether the applicant/owner is an individual, corporation, partnership, or other form of
organization;
(2) Full name, address, date and place of birth, and telephone number of the applicant, all
owners and operators, including the designated on-site manager or agent of the applicant;
(3) The address of the premises where the retail establishment is to be located if proposed to
have a fixed location in which the retail services are provided and if the applicant does not own
the premises, a copy of the lease agreement to occupy the premises;
(4) Statement of whether all taxes and special assessments due and owing on the premises on
which the applicant proposes to operate the licensed business are current, and if taxes are
delinquent, the years for which the taxes on the premises are delinquent (this information is
required by the applicant only if the applicant or other entity in which the applicant has an
interest has the legal duty to pay said property taxes or assessments due and owing);
(5) The name of the business if the business is to be operated under a name or designation other
than the name of the applicant. This shall be accompanied by a certified copy of the certificate
required by Minn. Stats. §§ 333.01 and 333.02;
(6) Proof of general liability insurance;
(7) The applicant shall produce at time of filing application the applicant's proof of identification
which may be established only by one of the following:
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Item 2.
(a)A valid driver's license or identification card issued by Minnesota, another state, or a
province of Canada, and including the photograph and date of birth of the license
person;
(b) A valid military identification card issued by the United States Department of
Defense;
(c) A valid passport issued by the United States; or
(d) In the case of a foreign national, by a valid passport. For purposes of proof of
identification, the "applicant" shall mean the onsite manager or agent for a retail
establishment filing the application and the natural person signing the application for a
cannabinoid product license;
(8) The application shall identify the full name, address, date and place of birth, and telephone
number of the natural person, designated by the applicant as the cannabinoid product
business's on-site manager or agent, along with the notarized written consent of such a person
to:
(a) take full responsibility for the conduct of the license premises operation;
(b) serve as agent for service of notices and other process relating to the licenses;
(9) With respect to the owner, operator, or any person who has a five percent financial interest
in the proposed licensed cannabinoid product sales business and the appointed on-site manager
or agent of the applicant,
(10) information as to any and all criminal convictions of any state, county, or local law or
regulation;
(11) Proof of Workers' Compensation Insurance as required by Minnesota law; and
(12) Information as to any and all criminal conviction(s) of any state, county, or local law or
regulation;
(13) Such other information as the city shall require.
Individual(s) (sole proprietor):
(1) The full name, address, date and place of birth, and telephone number of theapplicant;
(2) Whether the applicant and on-site manager or agent have ever used or have been known by
a name other than his or her name on the application, and if so, the name or names used and
information concerning dates and places were used;
(3) Whether the applicant is a United States citizen or is legally permitted to be in the United
States and providing proof thereof;
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Item 2.
(4) The street and city addresses at which the applicant and on-site manager or agent lived
during the preceding ten years;
(5) Names, addresses, and date of the applicant's and on-site manager's or agent's employers
for the preceding ten years;
(6) Whether the applicant and on-site manager or agent have ever been engaged in the
operation of cannabinoid and/or tobacco product sales. If so, they shall furnish information as
to the name, place, and length of time of the involvement in such an establishment; and
(7) Such other information as the city shall require.
Partnerships:
(1) The full name(s), address(s), date and place of birth, financial interest of all general partners
and all of the information concerning each general partner that is required of applicants in
provision (2) of this section;
(2) The full names(s), addresses, date and place of birth, and telephone number of the manager
partner(s) and the interest of each managing partner in the business;
(3) A copy of the partnership agreement shall be submitted with the application. The license
shall be issued in the name of the partnership; and
(4) Such other information as the city shall require.
Corporations and other organizations:
(1) The name of the corporation or business firm, and if incorporated, the state of incorporation;
(2) A copy of the certificate of incorporation shall be attached to the application. If the applicant
is a foreign corporation, a certificate of authority as required by Minn. Stats. § 303.06, shall be
attached;
(3) The name of the manager(s), proprietor(s) or other agents(s) in charge of the business and all
of the information concerning each manager, proprietor, or agent that is required of applicants
in provision (2) of this section;
(4) A list of all persons who own or have a five percent or more interest in the corporation or
organization or who are officers of said corporation or organization, together with their
addresses and all the information regarding such persons as is required in paragraph (2) of this
section; and
(5) Such other information as the city shall require.
It is the duty of each business licensee to notify the City Clerk in writing of any change in ownership in
the business. Any change in the ownership or control of the business shall be deemed equivalent to a
transfer of the license, and any such license shall be revoked 30 days after any such change in ownership
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Item 2.
or control unless the licensee has notified the Council of the change in ownership by submitting a new
license application for the new owners, and the Council has approved the transfer of the license by
appropriate action. Any time an additional investigation is required because of a change in ownership or
control of a business, the licensee shall pay an additional investigation fee to be determined by the City.
The City may at any reasonable time examine the transfer records and minute books of any business
licensee to verify and identify the owners, and the City may examine the business records of any other
licensee to the extent necessary to disclose the interest which persons other than the licensee have in
the licensed business. The Council may revoke any license issued upon its determination that a change
of ownership of a licensee has actually resulted in the change of control of the licensed business so as
materially to affect the integrity and character of its management and its operation, but no such action
shall be taken until after a hearing by the Council on notice to the licensee.
(C) Action. The City Council may either approve or deny the license, or it may delay action for such
reasonable period of time as necessary to complete any investigation of the application or the applicant
it deems necessary. If the City Council shall approve the license, the Clerk shall issue the license to the
applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along
with notice of the applicant's right to appeal the City Council's decision.
(D) Term. All licenses issued under this article shall follow the calendar year with an expiration date of
December 31 of each year and are not pro-rated.
(E) Revocation or suspension. Any license issued under this article may be revoked or suspended as
provided in § 5.313.
(F) Transfers. All licenses issued under this article shall be valid only on the premises for which the
license was issued and only for the person or business to whom the license was issued. The transfer of
any license to another location, business, or person is prohibited.
(G) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed
location businesses shall be eligible to be licensed under this article.
(H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed
premise.
(I) Renewals. The renewal of a license issued under this section shall be handled in the same manner as
the original application. The request for a renewal shall be made at least 30 days but no more than 60
days before the expiration of the current license.
(J) Issuance as privilege and not a right. The issuance of a license issued under this article shall be
considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an
automatic renewal of the license.
§XXXX FEES.
No license will be issued under this article until the appropriate license fee and a non-refundable
investigation fee is be paid in full. The license fee and investigation fee under this article shall be
established by the City Council and adopted in the City fee schedule, which may be amended from time
to time.
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Item 2.
§XXXX BASIS FOR DENIAL OF LICENSE.
(A) Grounds for denying the issuance or renewal of a license under this article include, but are not
limited to, the following:
(1) The applicant is under the age of 21 years.
(2) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation from holding a license.
(3) The applicant is a business that does not have an operating officer or manager
who is eligible pursuant to the provisions of this article.
(4) The applicant has been convicted within the past five years for any violation of a Federal,
State, or local law, other ordinance, provision, or other regulation relating to the licensed
products.
(5) The applicant has had a license to sell licensed products suspended or revoked during the 12
months preceding the date of application, or the applicant has or had an interest in another
premises authorized to sell licensed products, whether in the City or in another jurisdiction, that
has had a license to sell licensed products suspended or revoked during the same time period,
provided the applicant had an interest in the premises at the time of the revocation or
suspension, or at the time of the violation that led to the revocation or suspension.
(6) The applicant fails to provide any information required on the application or provides false or
misleading information. Any false statement on an application, or any willful omission of any
information called for on such application form, shall cause an automatic refusal of license, or if
already issued, shall render any license issued pursuant thereto void and of no effect to protect
the applicant from prosecution for violation of this chapter, or any part thereof.
(B) No license shall be issued to any applicant for a location within 300 feet of any school, church,
playground, or athletic field, unless such license has been previously approved when no school, church,
playground, or athletic field was so situated.
(C) No license shall be granted or renewed for operation on any premises on which real estate taxes,
assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. If an
action has been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning
the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance
with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain
unpaid for a period exceeding one year after becoming due unless such one-year period is extended
through no fault of the licensee.
(D) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that
the person was ineligible for the license under this article. The City will provide the license holder with
notice of the revocation, along with information on the right to appeal.
§XXXX PROHIBITED ACTS
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Item 2.
(A) In General.
(1) No person shall sell or offer to sell any licensed product:
(a) By means of any type of vending machine.
(b) By means of self-service merchandising.
(c) By any other means, to any other person, or in any other manner or form prohibited
by federal, state or other local law, ordinance provision, or other regulation.
(d) Before 8:00 a.m. and after 10:00 p.m. daily.
(2) No person shall sell or offer for sale a product containing THC that does not meet all the
requirements of Minnesota Statutes, section 151.72, subdivision 3.
(B) Legal Age. No person shall sell any licensed product to any person under the age of 21.
(1) Age verification. Licensees shall verify by means of government issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older does not
constitute a defense to a violation of this subsection.
(2) Delivery. Licensees shall verify by means of government issued photographic identification
that the purchaser and person receiving the delivery are at least 21 years of age. The licensee
shall confirm the age of the person receiving the delivery in person before leaving licensed
products.
(C) Samples Prohibited. Sampling of cannabinoid products Within any retail establishment licensed
under this ordinance is prohibited. No person shall distribute samples of any cannabinoid products free
of charge or at a nominal cost. The distribution of cannabinoid products as a free donation or free via
coupon is prohibited.
§XXXX LICENSE HOLDER RESPONSIBILITY
All licensees are responsible for the actions of their employees regarding the sale, offer to sell, and
furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any
licensed product by an employee shall be considered an act of the licensee. Nothing in this section shall
be construed as prohibiting the City from also subjecting the employee to any civil penalties that the City
deems to be appropriate under this ordinance, state or federal law, or other applicable law or
regulation.
§XXXX COMPLIANCE CHECKS AND INSPECTIONS
All premises licensed under this subdivision shall be open to inspection by the City during regular
business hours. From time to time, but at least once per year, the City shall conduct compliance checks.
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Item 2.
No person used in compliance checks shall attempt to use a false identification misrepresenting their
age. All persons lawfully engaged in a compliance check shall answer all questions about their age asked
by the licensee or their employee, and produce any identification, if any exists, for which they are asked.
The City will conduct a compliance check that involves the participation of a person at least 18 years of
age, but under the age of 21 to enter the licensed premises to attempt to purchase the licensed
products. Persons used for the purpose of compliance checks shall be supervised by law enforcement or
other designated personnel. Nothing in this article shall prohibit compliance checks authorized by state
or federal laws for educational, research, or training purposes, or required for the enforcement of a
particular State or Federal law.
Additionally, from time to time, the City will conduct inspections to determine compliance with any or
all other aspects of this ordinance.
§XXXX VIOLATIONS AND PENALTY
(A) Violations.
(1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either
personally or by mail, a citation that sets forth the alleged violation and which shall inform the
alleged violator of his right to be heard on the accusation.
(2) Hearings. If a person accused of violating this article so requests, a hearing shall be
scheduled, the time and place of which shall be published and provided to the accused violator.
(3) Hearing Officer. The City Council, or representative designated by the City Council, shall
serve as the hearing officer.
(4) Decision. If the hearing officer determines that a violation of this article did occur, that
decision, along with the hearing officers’ reasons for finding a violation and the penalty to be
imposed under division (B) of this section, shall be recorded in writing, a copy of which shall be
provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred
or finds grounds for not imposing any penalty, such findings shall be recorded, and a copy
provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district
court for the city in which the alleged violation occurred.
(6) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this article.
(7) Continued violation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense.
(B) Administrative procedures.
(1) Minimum penalty. The purpose of this section is to establish a standard by which the City
Council determines the civil fine, the length of license suspensions and the propriety of
revocations, shall apply to all premises licensed under this chapter. These penalties are
15
Item 2.
presumed to be appropriate for every case, however, the Council may deviate in an individual
case where the Council finds that there exist certain extenuating or aggravating circumstances,
making it more appropriate to deviate, such as, but not limited to, a licensee’s efforts in
combination with the state or city to prevent the sale of licensed products to minors or, in the
converse, when a licensee has a history of repeated violations of state or local laws. When
deviating from these standards, the Council will provide written findings that support the
penalty selected. When a violation occurs, the staff shall provide information to the City Council
to either assess the presumptive penalty or depart upward or downward based on extenuating
or aggravating circumstances. The staff shall notify the licensee of the information being
considered and acted upon by the City Council.
(2) Misdemeanor. Nothing in this section shall prohibit the city from seeking criminal
prosecution under Minnesota Statutes. Whoever violates any provision of this article shall be
guilty of a misdemeanor. If the city elects to seek misdemeanor prosecution, no administrative
penalty shall be imposed.
(3) Licensees. Any licensee found to have violated this article, or whose employee shall have
violated this article, shall subject the licensee to the following administrative citation; licensee
will be charged an administrative fine of $1,000 for a first violation of this article; $1,500 and a 3
day suspension of the license for a second offense under the same license holder within a 24-
month period; $2,000 and a 5 day suspension for a third offense under the same license holder
within a 24-month period; the revocation of the license for a fourth offense under the same
license holder within a 24-month period.
(a) Except as otherwise provided in this Chapter, the following violations will subject
the licensee to the following administrative penalties:
Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation
Refusal to allow city inspectors or
police admission to premises
$1,000 and 7
days
suspension
$2,000 and 14
days
suspension
Revocation N/A
After hours sale of licensed
products
$1,000 and 7
days
suspension
$2,000 and 14
days
suspension
Revocation N/A
Commission of a felony related to
licensed activity
Revocation N/A N/A N/A
Sale of licensed products while
license is under suspension
Revocation N/A N/A N/A
(b) Any prior violation that occurred more than 24 calendar months immediately
preceding the most current violation will not be considered in determining successive
violations.
(c) The nature of the most current violation will determine the appropriate penalty as
established above, provided, however, that any and all violations occurring within 24
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months immediately preceding the most current violation will be considered in
determining successive violations.
(d) Any licensee who fails to pay an administrative fine or adhere to a suspension,
whether imposed by this section or the City Council, within the allotted time period will
be subject to an additional suspension of the license for a period of time as determined
by the City Council, but not to exceed 60 consecutive days. Any licensee who fails to
comply with a City Council imposed license suspension resulting from a prior non-
compliance with the administrative penalties imposed by this chapter is subject to
license revocation.
(4) Other individuals. Other individuals, other than minors regulated by division (B)(3) of this
section, found to be in violation of this article shall be charged an administrative fee of $250.
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Item 2.
Bill Summary
H.F. 100
Sixth engrossment
Subject Adult -use cannabis
Authors Stephenson and others
Analyst Ben Johnson (Articles 1 and 3 -9)
Alexandra Haigler (Article 2 )
Date February 14 , 2023
Overview
This bill establishes a regulatory framework for adult-use cannabis and lower-
dose cannabinoid products, moves the medical cannabis program under the
newly created Office of Cannabis Management, establishes taxes on adult-use
cannabis, creates grants to assist individuals entering into the legal cannabis
market, amends criminal penalties, provides for expungement and resentencing
of certain convictions, provides for temporary regulation of hemp-derived edible
cannabinoid products, reschedules marijuana, and appropriates money.
Article 1: Regulation of Adult -Use Cannabis
This article establishes the Office of Cannabis Management to oversee the regulation of
cannabis flower, cannabis products (including lower-potency cannabinoid products), and hemp-
derived consumer products; specifies licensure categories for cannabis businesses and
requirements and procedures for licensure and operations; establishes legal limitations on the
use, possession, and transportation of cannabis flower, cannabis products, and hemp-derived
consumer products; transfers the medical cannabis registry program from the Department of
Health to the Office of Cannabis Management; and establishes the cannabis industry
community renewal grant program.
Section Description – Article 1: Regulation of Adult-Use Cannabis
Definitions.
Defines terms including “adult-use cannabis flower,” “adult-use cannabis
concentrate,” “adult-use cannabinoid product,” “artificially derived cannabinoid,”
“batch,” “cannabinoid profile,” “cannabis business,” “edible cannabis product,”
“hemp-derived consumer product,” “labor peace agreement,” “medical cannabis
flower,” “medical cannabis product,” “patient,” “qualifying medical condition,”
“statewide monitoring system,” “synthetic cannabinoid,” and “visiting patient” as
used in the new chapter of law.
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H.F. 100
Sixth engrossment
Minnesota House Research Department Page 2
Section Description – Article 1: Regulation of Adult-Use Cannabis
Office of Cannabis Management.
Establishes the Office of Cannabis Management. Tasks the office with overseeing the
regulation of the production and sale of cannabis flower, cannabinoid products, and
hemp-derived consumer products. Establishes the powers, duties, and guiding
principles for the office. Transfers the medical cannabis program to the office. Directs
that office to enter into interagency agreements with the Department of Agriculture
to assure that edible products meet appropriate standards related to food safety.
Gives the office temporary expedited rulemaking authority. Directs the office to hire
a director and other employees as needed and prohibits the director from being a
person who served in the legislature or held a constitutional office in the previous
four years. Establishes a division of social equity to administer grants and act as an
ombudsperson for the board.
Cannabis Advisory Council.
Establishes an advisory council consisting of individuals with experience and
expertise in subjects that are likely to be affected by legalization of cannabis flower
and cannabinoid products. Directs the council to meet monthly or at the call of the
chair and provides that the meetings are subject to chapter 13D. Directs the council
to perform duties including reviewing national cannabis policy, examining the
effectiveness of state cannabis policy, reviewing developments in information about
cannabis, and taking public testimony. Prohibits members of the advisory council
from working as lobbyists while on the council or for two years after leaving the
council.
4 Studies; reports.
Directs the office to conduct multiple studies to determine the expected size and
growth of the regulated cannabis industry; the size and makeup of the illicit cannabis
industry; the impact of second-hand cannabis smoke; and the impact, if any, of
cannabis flower and cannabinoid products on the prevalence of impaired driving.
Provides that the initial reports must be made to the legislature by January 15, 2024,
and final reports must be made by January 15, 2025. Requires a study on the rate at
which the state’s mental health and substance use disorder programs are accessed
and requires a report by January 15, 2027. Also requires a report to the legislature on
January 15 of each year on the status of the regulated cannabis industry; the illicit
cannabis market; proposals for legislative action; and suggestions for legislative
funding for social equity grants, education and prevention programs, and training for
peace officers.
5 Statewide monitoring system.
Directs the office to contract with an outside vendor to establish a statewide
monitoring system to track all cannabis flower, cannabinoid products, and artificially
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H.F. 100
Sixth engrossment
Minnesota House Research Department Page 3
Section Description – Article 1: Regulation of Adult-Use Cannabis
derived cannabinoids from seed or immature plant to disposal or sale to a patient or
customer.
6 Approval of cannabis flower, products, and cannabinoids.
Directs the office to approve all types of cannabis flower, cannabinoid products, and
hemp-derived consumer products other than topical products for sale by rule.
Prohibits the approval of products that are, or resemble, certain candies and snacks
commonly consumed by children. Prohibits the office from approving cannabis
flower, cannabinoid products, or hemp-derived consumer products designed for
smoking or inhaling through vapor that contains an added flavor.
7 Agricultural and food safety practices; rulemaking.
Requires the office, in consultation with the commissioner of agriculture, to establish
requirements for the methods used to grow cannabis plants and hemp plants.
Prohibits approving methods that involve genetically engineered seed, cuttings, or
cultures. Directs the office to consult with the commissioner of agriculture and
representatives from the University of Minnesota Extension Service to establish best
practices for growing cannabis plants and hemp plants. Requires the office to consult
with the commissioner of agriculture to establish an edible cannabinoid product
handler endorsement to assure that edible cannabinoid products are manufactured
and handled in ways that are comparable to the manufacture and handling of food
products.
8 Establishment of environmental standards.
Directs the office, in consultation with the commissioner of the Pollution Control
Agency, to establish appropriate standards for water use and disposal for cannabis
businesses. Directs the office, in consultation with the commissioner of commerce, to
establish standards for energy use by cannabis businesses. Directs the office to
establish appropriate standards for the disposal of solid waste related to the
regulated cannabis industry. Directs the office to establish limitations on the odors
produced by cannabis businesses. Establishes that rules must comply with relevant
federal laws and that the office must consult with state agencies with expertise or a
regulatory interest in the subject of the rule.
9 Personal adult use of cannabis.
Provides legal limitations on the use, possession, and transportation of cannabis and
cannabis products and establishes civil penalties for violations. States that a person
age 21 or older may:
▪ use, possess, or transport cannabis paraphernalia;
▪ possess two ounces or less of cannabis flower in a public place;
▪ possess five pounds or less of cannabis flower in a person’s residence;
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H.F. 100
Sixth engrossment
Minnesota House Research Department Page 4
Section Description – Article 1: Regulation of Adult-Use Cannabis
▪ possess or transport eight grams or less of adult-use cannabis concentrate;
▪ possess or transport edible products infused with a total of 800 mg or less of
tetrahydrocannabinol;
▪ give away cannabis flower and cannabinoid products in an amount that is
legal for a person to possess in public;
▪ use cannabis flower and cannabinoid products in private areas; and
▪ cultivate up to eight cannabis plants, of which four or fewer may be mature,
flowering plants.
Prohibits smoking cannabis flower or cannabinoid products in places where smoking
is prohibited under the Clean Indoor Air Act. Contains other prohibitions including
using cannabis flower or cannabinoid products in state correctional facilities,
operating a motor vehicle while under the influence of cannabis flower or
cannabinoid products, giving cannabis flower or cannabinoid products to a person
under the age of 21, or giving cannabis flower or cannabinoid products as a
promotional gift. Requires certain disclosures by the proprietors of day care
programs that operate within a part of a family home that are similar to
requirements related to smoking tobacco. Prohibits the use of a volatile solvent to
extract cannabis concentrate, sell cannabis flower or cannabinoid products, or import
hemp-derived products without an appropriate license. Establishes non-criminal
financial penalties for violations.
10 Licenses; types.
Establishes categories of licenses. License categories are:
▪ cannabis cultivator;
▪ cannabis manufacturer;
▪ cannabis retailer;
▪ cannabis wholesaler;
▪ cannabis transporter;
▪ cannabis testing facility;
▪ cannabis microbusiness;
▪ cannabis event organizer;
▪ cannabis delivery service;
▪ lower-potency edible retailer;
▪ medical cannabis cultivator;
▪ medical cannabis processor; and
▪ medical cannabis retailer.
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H.F. 100
Sixth engrossment
Minnesota House Research Department Page 5
Section Description – Article 1: Regulation of Adult-Use Cannabis
11 Licenses; fees.
Prohibits charging a fee, other than an application fee, for an annual license issued
under this chapter.
12 Licenses; transfers; adjustments.
Prohibits transferring licenses issued under this chapter and defines what actions
constitute a transfer. Requires licenses to be renewed annually. Permits license
holders to petition to adjust the tier of a license issued within a license category.
Permits the office to allow a license holder to relocate and limits the application fee
for relocation to $250.
13 Local control.
Provides that local units of government may not prohibit the possession,
transportation, or use of cannabis flower or cannabinoid products authorized under
the chapter. Provides that local units of government may not prohibit the
establishment of a cannabis business licensed under this chapter. Permits local units
of government to establish reasonable restrictions on the time, place, and manner of
operations and directs the office to work with local units of government to establish
a model ordinance. Establishes that reasonable restrictions can prohibit operating a
cannabis business within 1,000 feet of places that include schools, day care facilities,
and certain parks. Permits local units of government to conduct studies on
establishing reasonable limitations on the time, place, and manner of the operation
of cannabis businesses and permits local governments to prohibit a cannabis
business from opening until January 1, 2025, if the local government is conducting
such a study, has authorized a study, or is considering adopting or amending allowed
restrictions on the operation of a cannabis business. Directs local units of
government to review applications sent by the office and certify whether the
application complies with local ordinances. Directs the office to seek input on
applications from local governments and permits the local governments to provide
any information it believes is relevant to the office’s decision. Requires the office to
establish an expedited complaint process for complaints made by local governments,
including a requirement that the office respond to certain reports within 24 hours .
14 License application and renewal; fees.
Directs the office to establish forms and procedures for the processing of licenses
issued under this chapter. Establishes minimum requirements for the information
collected by the office including information about the applicant, the ownership and
control of the business, the security plan for the bu siness, and an attestation that the
entity has entered into a labor peace agreement. Provides for a national criminal
history check for applicants. Permits the board to charge an application fee of $250.
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Item 2.
H.F. 100
Sixth engrossment
Minnesota House Research Department Page 6
Section Description – Article 1: Regulation of Adult-Use Cannabis
15 Social equity applicants.
Defines a social equity applicant as (1) a veteran who lost honorable status due to a
cannabis related offense, (2) someone who has lived for the past five years in an area
that experienced a disproportionately large amount of cannabis enforcement as
determined by the office, or (3) someone who has lived for the last five years in low-
income areas (defined similarly to the federal Opportunity Zones).
16 License selection criteria.
Directs the office to issue the number of licenses necessary to assure a sufficient
supply of cannabis and cannabis products, provide market stability, and limit the sale
of unregulated cannabis. Directs the office to prioritize the issuance of microbusiness
licenses and craft cultivator licenses. Prohibits the issuance of bulk cultivator licenses
until July 1, 2028, unless the office determines that such licenses are necessary to
assure sufficient supply. Permits the office to allow full vertical integration of
businesses to assure sufficient supply during the first calendar year in which adult-
use cannabis flower and adult-use cannabinoid products are legally sold to
customers, but terminates that exception after that year. Directs the office to score
applications in multiple categories, including the status as a social equity applicant.
17 Inspection; license violations; penalties.
Establishes that the office may enter and inspect cannabis businesses and records at
reasonable hours. Gives the office the power to issue subpoenas, issue oaths, take
depositions, require the production of records, detain or embargo items, and enter
into laboratory analysis agreements with the commissioner of agriculture. Permits
the office to conduct inspections at any time. Requires the office to prioritize
inspections based on suspected violations that pose an imminent danger to
customers or the public. Further directs the office to prioritize inspections based on
complaints from local units of government. Permits the office to issue administrative
orders directing cannabis businesses to take specific action, permits businesses to
appeal those orders, and allows the office to assess administrative penalties of up to
$10,000 for each violation. Provides that certain data related to complaints and
investigations are not public and may not be shared with any federal entity without a
court order.
18 License suspension or revocation; hearing.
Permits the office to revoke or not renew a license issued under this chapter.
Requires the office to provide a business with notice and an opportunity for a hearing
before revoking or not renewing a license. Permits the office to temporarily suspend
the license and operating privilege of any licensed business for up to 90 days if
continued operation would threaten the health or safety of any person. Permits the
office to extend the suspension for an additional 90 days if it notifies the business of
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H.F. 100
Sixth engrossment
Minnesota House Research Department Page 7
Section Description – Article 1: Regulation of Adult-Use Cannabis
an intent to revoke or not renew the business’s license and the required hearing has
not taken place.
19 Adult-use cannabis business; general ownership disqualifications and
requirements.
Establishes general ownership and operation requirements that apply to all cannabis
businesses. Provides for a national criminal history check. Establishes
disqualifications for certain criminal offenses that last either for the person’s lifetime,
or for one, five, or ten years following the discharge of a sentence. Permits an
applicant to apply for a set-aside of the prohibitions related to convictions.
Establishes requirements for holding a license including that a license holder be at
least 21; reside in Minnesota or be a business with Minnesota ownership of at least
75 percent; not be employed by the office or work as a peace officer; never have had
a revocation of a license issued under this chapter; and have filed and paid
appropriate business taxes.
20 Cannabis business; general operational requirements and prohibitions.
Establishes general operation requirements including prohibitions on hiring a person
under 21 years of age or allowing a person under 21 years of age into most parts of a
cannabis business unless the person is a patient in the registry program; prohibiting
consumption of cannabis flower and cannabinoid products within a cannabis
business except as authorized for quality control or pursuant to an endorsement
permitting consumption on site; having restricted access to areas where cannabis is
grown, manufactured, or stored; having adequate ventilation and filtration systems;
maintaining certain records; providing a diversity report; using the statewide
monitoring system; having adequate security; and prohibiting sharing customer
information with the federal government unless ordered to do so by a court .
21 Retailers; local registration and enforcement.
Requires cannabis retailers, cannabis microbusinesses with a retail operations
endorsement, lower potency edible product retailers, and medical cannabis retailers
to register with the local unit of government in which the retail establishment is
located. Permits a local unit of government to charge a registration fee of $200 and
an annual renewal fee of $200. Requires the local unit of government to issue a
registration to a licensed business that has paid the registration fee, has been found
to be compliant in any preliminary inspection, and is current on any property taxes
for the retail location. Requires the local unit of government to perform annual
inspections of the retail establishments, including an inspection related to age
verification compliance. Permits the local unit of government to suspend a
registration if a violation is found. Directs the local unit of government to notify the
Office of Cannabis Management and permits the local unit of government to impose
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Item 2.
H.F. 100
Sixth engrossment
Minnesota House Research Department Page 8
Section Description – Article 1: Regulation of Adult-Use Cannabis
a civil penalty of up to $2,000 for every sale made when the business does not have a
valid registration.
22 Cannabis cultivator licensing.
Provides that a cannabis cultivator license entitles the license holder to grow and
harvest the approved amount of cannabis plants. Establishes two license tiers
including a craft cultivator license for facilities of not more than 10,000 feet of plant
canopy and a bulk cultivator license for facilities of not more than 30,000 feet of
plant canopy. Authorizes the office to increase the limit on craft cultivation canopy to
15,000 feet. Requires applicants for a cannabis cultivator license to provide
information regarding business operations. Permits an entity holding a cannabis
cultivator license to also hold a cannabis manufacturing license, medical cannabis
cultivator license, medical cannabis manufacturer license, a license to grow industrial
hemp, and a cannabis event organizer license. Permits a cannabis cultivator to
transport cannabis flower to a cannabis manufacturer licensed to the same entity
and located on the same premises. Establishes prohibitions on relationships between
cannabis cultivators and health care practitioners who certify qualifying medical
conditions for patients.
23 Cannabis cultivator operations.
Requires cannabis cultivators to establish and maintain records for each batch of
cannabis plants that is cultivated, comply with limitations on the use of agricultural
chemicals, and establish and follow an operation plan that includes a description of
water usage, recycling, solid waste disposal, and pest management. Requires
compliance with pesticide laws and rules and prohibits adulterating cannabis.
Permits both indoor and outdoor cultivation subject to security, fencing, and lighting
requirements. Prohibits genetically engineered seeds.
24 Cannabis manufacturer licensing.
Provides that a cannabis manufacturer license entitles the license holder to purchase
cannabis flower, cannabinoid products, hemp plant parts, hemp concentrate, and
artificially derived cannabinoids; accept up to two ounces of cannabis flower from an
unlicensed person over the age of 21; extract tetrahydrocannabinol and other raw
materials from cannabis flower; make cannabis and hemp concentrate; manufacture
artificially derived cannabinoids; manufacture products for public consumption;
package and label cannabinoid products for sale to other cannabis businesses; and
perform other actions approved by the office. Requires applicants for a cannabis
manufacturer license to provide information regarding business operations. Permits
an entity holding a cannabis manufacturer license to also hold a cannabis cultivator
license, medical cannabis license, and a cannabis event organizer license. Establishes
prohibitions on relationships between cannabis manufacturers and health care
practitioners who certify qualifying medical conditions for patients.
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H.F. 100
Sixth engrossment
Minnesota House Research Department Page 9
Section Description – Article 1: Regulation of Adult-Use Cannabis
25 Cannabis manufacturer operations.
Requires that cannabis manufacturing must take place in an enclosed, locked facility
that is used exclusively for the manufacture of cannabinoid products except that a
business that also holds a cannabis cultivator license may operate in a facility that
shares general office space, bathrooms, entryways, and walkways. Requires cannabis
manufacturers wishing to perform extraction and concentration, or manufacture of
artificially derived cannabinoids, to provide specific information on operations to
obtain a license endorsement. Requires cannabis manufacturers that wish to process
cannabis for private individuals to use dedicated equipment, provide the cannabis
concentrate only to the person who provided the cannabis flower, and comply with
applicable health and safety rules. Requires cannabis manufacturers wishing to
produce customer products to provide specific information on operations to obtain a
license endorsement. Limits the use of trademarked food products in producing
products for customers.
26 Cannabis retailer licensing.
Provides that a cannabis retailer license entitles the license holder to sell immature
cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabinoid
products, hemp-derived consumer products, and other products authorized by law to
customers. Requires applicants for a cannabis retailer license to provide information
regarding business operations. Permits an entity holding a cannabis retailer license to
also hold a cannabis delivery service license, a medical cannabis retailer license, and
a cannabis event organizer license. Permits, but does not require, a city or county to
operate cannabis stores. Establishes prohibitions on relationships between cannabis
retailers and health care practitioners who certify qualifying medical conditions for
patients.
27 Cannabis retailer operations.
Prohibits the sale of cannabis plants, adult-use cannabis flower, or adult-use
cannabinoid products to individuals under 21 years of age. Permits the sale of adult-
use cannabis flower, adult-use cannabinoid products, and hemp-derived consumer
products within the limits established by the chapter; hemp-derived topical products;
cannabis paraphernalia, including childproof storage containers; certain drinks;
books, videos, and magazines related to information on cannabis cultivation and
cannabis products; multiple use bags; certain clothing; and other hemp products.
Requires cannabis retailers to verify the age of customers before selling products.
Limits the display of cannabis flower and cannabinoid products. Requires cannabis
retailers to post notices announcing product recalls, warning of the dangers of driving
while under the influence; and stating that consumption is intended only for
individuals who are 21 years of age or older. Prohibits cannabis retailers from
operating between 2:00 a.m. and 8:00 a.m. Monday through Friday, or between 2:00
a.m. and 10:00 a.m. on Sunday unless operation is permitted under ordinance.
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H.F. 100
Sixth engrossment
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Section Description – Article 1: Regulation of Adult-Use Cannabis
Permits a local city or county to adopt an ordinance permitting additional hours of
operation. Requires cannabis retailers to comply with local building ordinances,
maintain security, maintain adequate lighting, and accept deliveries through limited
access areas. Prohibits sales to a person who is visibly intoxicated; selling more than
an individual is permitted to possess; giving away cannabis plants, cannabis flower,
cannabinoid products, or hemp-derived consumer products; operating a drive-
through window; operating a vending machine containing cannabis flower,
cannabinoid products, or hemp-derived consumer products; or selling cannabis
plants, cannabis flower, or cannabinoid products when a security system, or the
statewide monitoring system, is not working. Permits a cannabis retailer to sell
medical cannabis from a portion of its premises that is distinct from the remainder of
the premises and contains space for consultation with a pharmacist.
28 Cannabis wholesaler licensing.
Provides that a cannabis wholesaler license entitles the license holder to purchase
immature cannabis plants and seedlings, cannabis flower, cannabinoid products,
hemp-derived consumer products, and other products authorized by law from
cannabis manufacturers and cultivators. Provides that a cannabis wholesaler license
entitles the license holder to sell immature cannabis plants and seedlings, cannabis
flower, cannabinoid products, hemp-derived consumer products, and other products
authorized by law to cannabis retailers. Provides that a cannabis wholesaler license
entitles the license holder to import hemp-derived consumer products and lower-
dose edible products that contain tetrahydrocannabinol derived from hemp.
Requires applicants for a cannabis wholesaler license to provide information
regarding business operations. Permits an entity holding a cannabis wholesaler
license to also hold a cannabis transporter license, a cannabis delivery service license,
and a cannabis event organizer license.
29 Cannabis wholesaler operations.
Requires a cannabis wholesaler to maintain separation betwee n cannabis flower and
cannabinoid products and hemp plant parts and hemp-derived consumer products.
Requires cannabis wholesalers to maintain appropriate records and assure that labels
remain affixed to products. Requires that a cannabis wholesaler comply with state
and local building codes. Permits the sale of cannabis paraphernalia and the sale of
other products for which no license is required or for which the cannabis wholesaler
holds a license. Permits a cannabis wholesaler to sell certain products manufactured
outside of Minnesota provided those products meet the Minnesota requirements
and limits. Provides that it is not a defense in a civil or criminal suit that a cannabis
wholesaler relied on a label or similar information provided by a manufacturer that is
not licensed in Minnesota.
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Item 2.
H.F. 100
Sixth engrossment
Minnesota House Research Department Page 11
Section Description – Article 1: Regulation of Adult-Use Cannabis
30 Cannabis transporter licensing.
Provides that a cannabis transporter license entitles the license holder to transport
immature cannabis plants and seedlings, cannabis flower, cannabinoid products,
artificially derived cannabinoids, hemp plant parts, and hemp-derived consumer
products. Requires applicants for a cannabis transporter license to provide
information regarding business operations and proof of insurance. Permits an entity
holding a cannabis transporter license to also hold a cannabis wholesaler license, a
cannabis delivery service license, and a cannabis event organizer license.
31 Cannabis transporter operations.
Requires cannabis transporters to obtain manifests and establish and retain specific
records. Requires that all cannabis-related materials be transported in a locked
compartment that is not visible from outside the vehicle, and prohibits using
identifying logos or business names on a vehicle. Requires deliveries to be
randomized and requires all transporters to have multiple employees involved in the
delivery to assure that at least one employee remains with the vehicle at all times
that the vehicle contains cannabis-related materials. Prohibits permitting
nonemployees in the vehicle as passengers, requires all drivers to carry a valid
driver’s license, and provides that all vehicles are subject to inspection at any time
during transportation of cannabis-related materials.
32 Cannabis testing facility licensing.
Provides that a cannabis testing facility license entitles a license holder to obtain and
test immature cannabis plants and seedlings, cannabis flower, cannabinoid products,
hemp plant parts, artificially derived cannabinoids, and hemp-derived consumer
products. Requires applicants for a cannabis testing facility license to provide
information regarding business operations and proof of accreditation. Prohibits an
entity holding a cannabis testing facility license from holding any other license.
33 Cannabis testing facility operations.
Requires a testing facility to comply with rules adopted by the office establishing
testing protocols, record retention, and disposal of cannabis flower and cannabinoid
products.
34 Cannabis microbusiness licensing.
Provides that a cannabis microbusiness license entitles the license holder to grow
cannabis plants; extract tetrahydrocannabinol and other raw materials from cannabis
flower; create cannabis concentrate; manufacture edible cannabis products for
public consumption; purchase cannabis concentrate and hemp concentrate; sell
immature cannabis plants and seedlings, cannabis flower, and cannabinoid products;
and operate an establishment that permits on-site consumption of edible
cannabinoid products. Requires applicants for a cannabis microbusiness license to
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Section Description – Article 1: Regulation of Adult-Use Cannabis
provide information regarding business operations. Permits an entity holding a
cannabis microbusiness license to also hold a cannabis event organizer license.
35 Cannabis microbusiness operations.
Establishes endorsements for cannabis microbusiness license holders to cultivate
cannabis, extract and concentrate tetrahydrocannabinol and other raw materials
from cannabis, produce consumer products, operate a retail establishment, and
operate an on-site consumption facility. Requires a cannabis microbusiness to comply
with other operation requirements established under this chapter.
36 Cannabis event organizer licensing.
Provides that a cannabis event organizer license entitles the license holder to
organize a temporary cannabis event lasting no more than four days. Requires
applicants for a cannabis event organizer license to provide information regarding
the planned event including a physical layout of the event, the dates and hours of
planned operation, the businesses that will participate, and proof of local approval.
Permits an entity holding a cannabis event organizer license to hold any license other
than a testing facility license.
37 Cannabis event organizer operations.
Requires a cannabis event organizer to obtain local approval for a cannabis event.
Permits a cannabis event organizer to charge an entrance fee and a fee for event
participants. Requires event organizers to provide security and limit access to
individuals who are at least 21 years old. Requires an event organizer to assure that
cannabis and cannabis products are disposed of in an approved manner. Requires
event organizers to comply with transportation and sales requirements. Permits on -
site consumption at a cannabis event if approved by the local unit of government.
38 Cannabis delivery service licensing.
Provides that a cannabis delivery service license entitles the license holder to obtain
purchased adult-use and medical cannabis flower, cannabinoid products, and hemp-
derived consumer products and deliver them to customers. Requires applicants for a
cannabis delivery service license to provide information regarding the planned
operations including a list of vehicles that will be used in the business. Permits an
entity holding a cannabis delivery service license to hold a cannabis wholesaler
license, a cannabis transporter license, or a cannabis retailer license.
39 Cannabis delivery service operations.
Requires cannabis delivery services to verify the age of customers and, when
applicable, that the customer is enrolled in the medical cannabis program, and
requires those businesses to retain records including proof of age verification. Directs
the office to establish limits on the amount to be transported. Requires entry of
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Section Description – Article 1: Regulation of Adult-Use Cannabis
products in the statewide monitoring system. Requires that all cannabis-related
materials be transported in a locked compartment that is not visible from outside the
vehicle, and prohibits using identifying logos or business names on a vehicle.
Requires all delivery services to have multiple employees involved in the delivery to
assure that at least one employee remains with the vehicle at all times that the
vehicle contains cannabis-related materials. Prohibits permitting nonemployees in
the vehicle as passengers and provides that all vehicles are subject to inspection at
any time during delivery of cannabis-related materials.
40 Lower-potency edible product retailer licensing.
Provides that a lower-potency edible product retailer license entitles the license
holder to purchase lower-potency edible products from licensed manufacturers and
wholesalers, sell those products to consumers, and perform other actions as
approved by the office. Exempts these licenses from certain requirements and
criteria that apply to other cannabis businesses. Requires applicants to submit to a
background check. Provides that license holders must be at least 21, register with the
statewide monitoring system, not be employed by the office, and not be disqua lified
based on criminal offenses. Establishes that licenses must be renewed annually and
permits the charging of a $250 license processing fee. Prohibits transferring licenses.
Prohibits a license holder from holding any other cannabis business license, but
permits the license holder to possess a liquor license.
41 Lower-potency edible product retailer operations.
Establishes that license holders may sell lower-potency edible products obtained
from a licensed Minnesota business, but may not sell cannabis flower or other
cannabinoid products. Provides that a license holder may sell other products for
which no license is required or for which the license holder possesses a license.
Requires the license holder to verify that customers are at least 21. Requires that
products be kept behind the counter or in another secure area. Establishes that
compliant products cannot contain more than 5mg of tetrahydrocannabinol or 25mg
of cannabidiol or cannabigerol per serving, do not contain more than a total of 0.5mg
of all other cannabinoids; do not contain artificially derived cannabinoids other than
delta-9 THC, and that individual packaging is indicated by individual wrapping or
scoring or similar indicators that appear on the edible product. Provides that
packages can contain multiple servings provided the total package does not contain
more than 50mg of tetrahydrocannabinol or 250mg of cannabidiol or cannabigerol.
Permits on-site consumption of lower-potency edible products that are intended to
be consumed as a beverage on the premises of a business that holds a liquor license.
Requires that drinks sold for on-site consumption be sold in their packaging and
indicates that consumers may remove them from packaging. Prohibits any sale to a
person under age 21 or to a person who is visibly intoxicated. Requires all sales to be
recorded in the statewide monitoring system. Requires the posting of notices as
required for cannabis retailers. Provides that the office has the same enforcement
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Section Description – Article 1: Regulation of Adult-Use Cannabis
authority over lower-potency edible product retailers as it does for other cannabis
businesses.
42 Medical cannabis business licensing.
Establishes three categories of medical cannabis licenses: (1) medical cannabis
cultivator; (2) medical cannabis processor; and (3) medical cannabis retailer. Permits
a single entity to hold a medical cannabis manufacturer and medical cannabis
processor license. An entity that holds either of those may also hold a cannabis
cultivator license, a cannabis manufacturer license, and a cannabis event organizer
license. A medical cannabis retailer license holder may also hold a cannabis retailer
license, a cannabis delivery service license, and a cannabis event organizer license.
Provides that the registration of the two in-state medical cannabis manufacturers in
business now will expire on July 1, 2024. Prohibits health care practitioners who
certify qualifying medical conditions from holding certain positions in a medical
cannabis business, and establishes limits on remuneration from or to health care
practitioners who certify qualifying medical conditions.
43 Medical cannabis business applications.
Requires applicants for any medical cannabis business license to provide additional
information related to the proposed operations of the business.
44 Medical cannabis cultivators.
Establishes that a medical cannabis cultivator license entitles the licen se holder to
cultivate cannabis plants, harvest cannabis flower, package and label cannabis flower
as medical cannabis flower, sell medical cannabis flower to medical cannabis
processors and retailers, and transport medical cannabis flower to a medical
cannabis processor licensed to the same person and operating on the same premises.
Requires a medical cannabis cultivator to comply with the requirements that apply to
cannabis cultivators. Requires medical cannabis cultivators to verify that medical
cannabis flower has passed all safety-related tests.
45 Medical cannabis processors.
Establishes that a medical cannabis processor license, in conjunction with the
appropriate endorsement, entitles the license holder to purchase medical cannabis
flower, medical cannabinoid products, hemp plant parts, and hemp concentrate from
other medical cannabis businesses and industrial hemp growers; make cannabis
concentrate and hemp concentrate; manufacture medical cannabinoid products;
package and label medical cannabinoid products for sale to retailers; and perform
other actions as approved by the office. Requires a medical cannabis processor to
comply with the requirements related to cannabis manufacturers. Requires medical
cannabis processors to verify that medical cannabis products have passed all safety-
related tests.
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Section Description – Article 1: Regulation of Adult-Use Cannabis
46 Medical cannabis retailers.
Establishes that a medical cannabis retailer license authorizes the license holder to
purchase medical cannabis flower and medical cannabinoid products from licensed
cannabis businesses and sell those products to consumers. Requires medical
cannabis retailers to verify that medical cannabis products have passed all safety -
related tests. Requires medical cannabis retailers to verify that a customer is a
patient enrolled in the registry and apply patient-specific labels to delivered medical
cannabis flower and products. Requires patients to consult with a pharmacist before
delivery, limits sales to no more than a 90-day supply, permits delivery to patients in
motor vehicles, and requires separation of space if a license holder operates as both
a cannabis retailer and a medical cannabis retailer.
47 Patient registry program.
Establishes the medical cannabis registry program, administered by the Division of
Medical Cannabis, in which patients diagnosed with a qualifying medical condition
who enroll in the patient registry are eligible to obtain medical cannabis flower and
medical cannabinoid products. Provides for an application procedure, including an
application procedure for veterans. Establishes enrolment qualifications; timelines
for approval or denial; a process for registry verification; an enrollment period;
approved cannabinoids and delivery methods; procedures for designated caregivers
and parents, legal guardians, and spouses; an enrollment fee; and notification
requirements related to a change of name or address. (The current patient registry
program is administered by the commissioner of health.)
48 Duties of Office of Cannabis Management; registry program.
Authorizes the office, on the office’s initiative, upon a petition, or as directed by law,
to add an allowable form of medical cannabis flower or medical cannabinoid product,
and to add to or modify the list of qualifying medical conditions. Requires the office
to notify certain members of the legislature if the office wants to add an allowable
form or add or modify the list of qualifying medical conditions, and makes the
addition or modification effective August 1 unless the legislature provides otherwise
by law.
49 Duties of Division of Medical Cannabis; registry program.
Lists duties of the Division of Medical Cannabis related to health care practitioners,
administering the registry program, conducting or contracting for research and
studies, and providing reports to the legislature.
50 Duties of health care practitioners; registry program.
Specifies duties of health care practitioners participating in the registry program.
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Section Description – Article 1: Regulation of Adult-Use Cannabis
Subd. 1. Duties prior to a patient’s enrollment in the registry program. Before a
patient enrolls in the registry program, requires a health care practitioner to
certify a patient’s qualifying medical condition, advise patients and others on
patient support groups, provide explanatory information on the experimental
nature of the therapeutic use of medical cannabis, provide a Tennessen warning,
and agree to continue treating the patient’s qualifying medical condition and
report findings to the Division of Medical Cannabis.
Subd. 2. Duties upon patient’s enrollment in th e registry program. After a
patient enrolls in the registry program, requires a health care practitioner to
participate in the patient registry reporting system, report patient health records
to the Division of Medical Cannabis, annually issue a new certification of a
patient’s qualifying medical condition, and otherwise comply with requirements
of the board and the Office of Medical Cannabis.
Subd. 3. Participation not required. Provides that health care practitioners are
not required to participate in the registry program.
Subd. 4. Data. Classifies certain patient data reported to the registry program
and allows this data to be used in aggregated, nonidentifiable form for research
or in the creation of summary data.
Subd. 5. Exception. Establishes an exception for patients who receive care from
the United States Department of Veterans Affairs and requires those patients to
meet certification requirements developed by the Division of Medical Cannabis.
51 Limitations.
Establishes limitations on the times and places medical cannabis flower and medical
cannabinoid products may be consumed, including allowing penalties for undertaking
certain tasks while under the influence of cannabis; possession or consumption on a
school bus or in a correctional facility; and vaporizing or smoking medical cannabis
flower or medical cannabis products in a place where smoking is prohibited under
the Clean Indoor Air Act. Further permits health care facilities licensed by the
commissioner of health to adopt reasonable restrictions on medical cannabis flower
and medical cannabinoid products.
52 Protections for registry program participants.
Subd. 1. Presumption. Establishes a presumption that a patient enrolled in the
registry program is engaged in the authorized use of medical cannabis flower and
medical cannabinoid products, and specifies how that presumption may be
rebutted.
Subd. 2. Civil and criminal protections. Lists acts that are not violations of
chapter 152 or chapter 342, acts that do not subject the actors to civil penalties
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Section Description – Article 1: Regulation of Adult-Use Cannabis
or disciplinary action, and acts for which certain actors are not civilly or criminally
liable. Prohibits law enforcement authorities from accessing the registry without
a search warrant, prohibits public employees from releasing data about a patient
enrolled in the registry program except as authorized in law, and prohibits
information obtained from a patient under statutes governin g the registry
program from being admitted as evidence in a criminal proceeding unless the
certain criteria are met. States that possession of a registry verification or
application does not constitute probable cause or reasonable suspicion and
cannot be used to support a search or inspection.
Subd. 3. School enrollment; rental property. Prohibits a school from refusing to
enroll a patient as a student, or a landlord from refusing to lease to a patient,
because the patient is enrolled in the registry program, unless one of the listed
conditions is met.
Subd. 4. Medical care. States a patient’s use of medical cannabis and medical
cannabis products does not disqualify a patient from needed medical care.
Subd. 5. Employment. Prohibits an employer from discriminating against a
person in hiring, termination, or terms or conditions of employment based on a
person’s enrollment in the registry program or a person’s positive drug test for
cannabis, unless one of the listed conditions is met. Allows an employee who is a
patient to present the employee’s registry verification to explain a positive drug
test.
Subd. 6. Custody; visitation; parenting time. Prohibits a person from being
denied custody of a child, visitation rights, or parenting time based on the
person’s enrollment in the registry program.
Subd. 7. Action for damages. Provides that a person injured by a violation of
subdivision 3, 4, or 5 may bring an action to recover those damages or a civil
penalty of $100, whichever is greater. Also permits recovery of attorney fees.
53 Violation by health care practitioner; criminal penalty.
Establishes a misdemeanor penalty for a health care practitioner who knowingly
refers patients to a cannabis retailer or medical cannabis business or to a designated
caregiver; who advertises as a medical cannabis business; or who issues certifications
of a qualifying medical condition while holding a financial interest in a cannabis
retailer or medical cannabis business.
54 Data practices.
Classifies patient health records maintained by the office or the Division of Medical
Cannabis and government data in patient health records maintained by a health care
practitioner. Specifies allowable uses of these records and data, and prohibits these
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Section Description – Article 1: Regulation of Adult-Use Cannabis
records and data maintained by the office or division from being used for any
purpose not authorized in the statutes governing the registry program.
55 Clinical trials.
Authorizes the Division of Medical Cannabis to conduct or award grants to conduct
clinical trials on the use of medical cannabis flower and medical cannabinoid
products to treat a specific health condition.
56 Testing.
Requires a cannabis business to comply with testing requirements in this section and
in rule before selling, offering for sale, or transferring cannabis flower, cannabinoid
products, artificially derived cannabinoids, or hemp-derived consumer products and
establishes duties related to testing for the office.
Subd. 1. Testing required. Requires a cannabis business to comply with the
testing requirements in this section before selling, offering for sale, or
transferring cannabis or cannabis products.
Subd. 2. Procedures and standards established by office. Directs the office to
establish procedures and standards governing testing, the contaminants that
must be tested for, potency and homogeneity, and cannabis and cannabis
products that fail to meet testing standards.
Subd. 3. Standards established by Office of Cannabis Management. Directs the
office to establish standards for allowable levels of contaminants, and lists
contaminants for which the commissioner must establish allowable levels.
Subd. 4. Testing of samples; disclosures. Requires a cannabis business to make
samples from each batch of cannabis or cannabis product grown or
manufactured by the cannabis business available to a cannabis testing facility,
and requires the cannabis testing facility to select and test representative
samples from each batch. Requires a cannabis business to disclose all known
fertilizers, solvents, or other foreign materials applied or added to a batch
submitted for testing. Lists contaminants that must be tested for.
Subd. 5. Test results. If a tested sample meets the applicable testing standards,
allows the tested batch to be sold, offered for sale, or transferred to another
cannabis business, customers, or patients. If a tested sample does not meet the
applicable testing standards, requires the batch to be dealt with according to
procedures established by the board. Requires test results to be maintained for
at least five years after testing and to be available to the public upon request.
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Section Description – Article 1: Regulation of Adult-Use Cannabis
57 Packaging.
Requires cannabis flower, cannabinoid products, and hemp-derived consumer
products sold to customers or patients to comply with the packaging requirements in
this section and in rule. Establishes requirements including the use of plain, child -
resistant, tamper-evident containers. Establishes prohibitions on the use of
packaging designed to appeal to children or those under the age of 21. Also prohibits
the use of packaging that is coated with any perfluoroalkyl substance and, for edible
products, prohibits the use of packaging that has not been approved for food.
58 Labeling.
Requires cannabis flower, cannabinoid products, and hemp-derived consumer
products sold to customers or patients to comply with the labeling requirements in
this section and in rules. Identifies the information a label must contain, including
information about the cultivator or manufacturer, batch number, and cannabinoid
profile. Requires certain warnings and the phone number of the poison control
system. Requires labels on medical cannabis flower and medical cannabinoid
products to contain information about the patient. Requires labels on hemp-derived
topical products to contain information relevant to those products. Requires the
office to review scientific and medical literature to determine if additional warnings
should be required, and authorizes the office to require such warnings. Specifically
requires the office to consider warnings related to pregnant and breastfeeding
individuals. Permits certain additional information to be posted or affixed to
packaging instead of being contained on the label.
59 Advertisement.
Establishes requirements and limitations for advertisements for cannabis flower,
cannabinoid products, cannabis businesses, and hemp-derived consumer products.
Subd. 1. Limitations applicable to all advertisements. Prohibits advertisements
from containing false or misleading statements, containing unverified claims,
promoting overconsumption, depicting persons under 21 consuming cannabis or
a cannabis product, or including an image likely to appeal to person s under 21.
Subd. 2. Outdoor advertisements; cannabis business signs . Prohibits outdoor
advertisement. Allows up to two fixed outdoor signs that satisfy the criteria in
paragraph (b).
Subd. 3. Audience under age 21. Prohibits advertisements via a medium in which
30 percent or more of the audience is reasonably expected to be under age 21.
Subd. 4. Certain unsolicited advertising. Prohibits using unsolicited pop-up
advertisements on the Internet.
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Section Description – Article 1: Regulation of Adult-Use Cannabis
Subd. 5. Advertising using direct, individualized communication or dialogue.
Requires a cannabis business or other person to verify a recipient is 21 or older
before using direct, individualized communication or dialogue to advertise. Lists
allowable methods of age affirmation.
Subd. 6. Advertising using location-based devices. Lists criteria that must be met
for a cannabis business or other person to advertise with advertising directed
toward location-based devices such as cell phones.
Subd. 7. Advertising restrictions for health care practitioners under the medical
cannabis program. Lists statements, information, and symbols that cannot be
included in advertising by health care practitioners participating in the medical
cannabis program. If the office finds a health care practitioner violated this
subdivision, the practitioner is prohibited from certifying patient qualifying
medical conditions for the registry program.
60 Industrial hemp.
Establishes that nothing in the new chapter of law limits the ability of a person
licensed under chapter 18K to grow, process, sell, and manufacture industrial hemp
and products from industrial hemp. Establishes that the term “processing” does not
include creating artificially derived cannabinoids.
61 Hemp-derived topical products.
Provides for the manufacture, marketing, distribution, and sale of hemp-derived
topical products. Limits the types of cannabinoids that hemp -derived topical
products may contain and permits the office to identify nonintoxicating cannabinoids
that may be used in topical products. Establishes that products may only be intended
for external use. Prohibits certain products from being considered topical products
and prohibits sale of products that do not comply with the limits established in the
section or with certain health and safety requirements. Prohibits sale of hemp-
derived topical products to an individual under 21 years of age. Provides that the
office may enforce the section under the enforcement powers that apply to cannabis
businesses.
62 Legal assistance to cannabis businesses.
Provides that an attorney must not be subject to disciplinary action for providing
legal assistance to prospective or licensed cannabis businesses.
63 Cannabis industry community renewal grants.
Creates the CanRenew grant program, run by the Cannabis Management Board, to
give grants for investments in low-income communities where residents are eligible
to be social equity applicants.
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Section Description – Article 1: Regulation of Adult-Use Cannabis
64 Substance use treatment, recovery, and prevention grants.
Establishes an account in the special revenue fund for use in issuing grants. Of the
money in the account, 75 percent is for grants for substance use treatment and
recovery; 20 percent is for substance use disorder prevention; and five percent is for
education related to substance use by women who are pregnant, breastfeeding, or
who may become pregnant. Directs the board to consult with other agencies and
councils regarding the grants and requires an annual report to the legislature.
65 Cannabis grower grants.
Creates the CanGrow grant program, run by the office in consultation with the
Department of Agriculture, to give grants to provide farmers with (1) assistance
navigating regulations, and (2) subsidized loans for expanding into legal cannabis.
Loans under the program do not require matching funds, bu t a much higher loan
amount is allowed if funds are matched by private investment, and full or partial
forgiveness of loans is allowed after three years of satisfactory performance.
66 Substance Use Disorder Advisory Council.
Establishes the Substance Use Disorder Advisory Council to develop and implement a
comprehensive approach to substance use disorder prevention and treatment. Lists
the members of the council and requires an annual report.
67 Lawful activities.
Provides that actions in compliance with the new chapter are lawful.
68 Civil actions.
Establishes a civil cause of action that matches the dram shop law for alcohol.
69 Adult-Use Cannabis Substance Use Disorder Advisory Council first meeting.
Requires the commissioner of human services to convene the first meeting of the
Adult-Use Cannabis Substance Use Disorder Advisory Council no later than October 1,
2023; specifies that members will elect a chair at the first meeting.
70 Effective date.
Provides that the provisions of this article other than the portions regarding the
medical cannabis program are effective July 1, 2023. Makes the portions of the
article regarding the medical cannabis program effective January 1, 2024.
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Article 2: Taxes
Article 2 of this bill provides the tax structure for the retail sale of recreational cannabis. The
article does the following:
▪ Allows a business income tax subtraction for business-related expenses for any business
licensed under chapter 342.
▪ Imposes an eight percent gross receipts tax on the retail sale of recreational cannabis
and lower-potency edible products.
▪ Subjects recreational cannabis products and lower-potency edible products to the state
sales tax and any local sales taxes.
▪ Clarifies that medical cannabis is not subject to the gross receipts tax, state sales tax, or
any local sales taxes.
▪ Clarifies that property used to cultivate and process cannabis plants is classified as Class
3a commercial-industrial property.
▪ Amends the statutes relating to the controlled substances tax to account for legalized
recreational cannabis.
For the purposes of this article the term “recreational cannabis” includes the following items:
adult-use cannabis flower, adult-use cannabinoid products, adult-use cannabinoid solution
products, and lower-potency edible products as defined in chapter 342.
Section Description – Article 2: Taxes
Class 3.
Establishes that property used for raising, cultivating, processing, or storage of
recreational cannabis, medical cannabis, or medical cannabis products for sale is
classified as commercial and industrial property.
Effective for property taxes payable in 2024 and thereafter.
Commercial-industrial tax capacity.
Ensures that property used for raising, cultivating, processing, or storage of
recreational cannabis, medical cannabis, or medical cannabis products for sale is
treated as commercial and industrial property for the purposes of the state general
property tax levy.
Effective for property taxes payable in 2024 and thereafter.
Filing requirements and due dates; special rules.
Exempts cannabis businesses from the requirement to file returns and remit taxes
electronically.
Effective the day following final enactment.
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Section Description – Article 2: Taxes
Disallowed section 280E expenses; medical cannabis manufacturers; individual
income tax.
Allows nonmedical cannabis businesses to subtract business expenses, deductions
which are disallowed under federal tax law. Under current state law, medical
cannabis businesses are also allowed to subtract these expenses.
Effective for taxable years beginning after December 31, 2022.
Disallowed section 280E expenses; medical cannabis manufacturers; corporate
franchise tax.
Allows nonmedical cannabis businesses to subtract business expenses, deductions
which are disallowed under federal tax law. Under current state law, medical
cannabis businesses are also allowed to subtract these expenses.
Effective for taxable years beginning after December 31, 2022.
Adult-use cannabis flower and adult-use cannabinoid products gross receipts tax.
Subd. 1. Definitions. Provides definitions of terms relevant to the sale of
recreational cannabis.
Subd. 2. Gross receipts tax imposed. Imposes an eight percent gross receipts tax
on retail and on-site sales of recreational cannabis. This tax functions similarly to
the gross receipts tax currently imposed on liquor. This is an additional tax that
applies to retail and on-site sales, and is in addition to state sales tax and any
locally imposed sales taxes.
Subd. 3. Use tax imposed; credit for taxes paid. Imposes an equivalent use tax
for recreational cannabis that is bought in another state, but used in Minnesota.
Provides a credit for taxes paid in the other jurisdiction.
Subd. 4. Exemptions. Exempts medical cannabis from the gross receipts tax, as
well as exempts from the gross receipts use tax recreational cannabis brought
into Minnesota if the products have an aggregate cost of $100 or less each
month. This exemption is similar to the use tax exemption provided to tobacco
products and liquor.
Subd. 5. Tax collection required. Requires out-of-state retailers with nexus in
Minnesota to collect the use tax from purchasers and remit to the commissioner
of revenue.
Subd. 6. Taxes paid to another state or any subdivision thereof; credit. Provides
a credit to retailers that have paid taxes to another jurisdiction if taxes are owed
in Minnesota. The credit is equal to the amount of tax paid.
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Section Description – Article 2: Taxes
Subd. 7. Sourcing of sales. Provides that the rules governing the sourcing of sales
that apply to state sales tax also apply to the tax imposed by this section.
Subd. 8. Administration. Dictates that the statutes that govern the
administration of the state sales tax also apply to this tax.
Subd. 9. Returns; payment of tax. Dictates that the payment of tax by retailers
will be on a form prescribed by the commissioner of revenue and all funds
collected from this tax must be deposited into the general fund.
Subd. 10. Deposit of revenues. Requires the commissioner of revenue to deposit
all proceeds from the tax into the general fund. Requires that five percent of the
funds deposited beginning in fiscal year 2026 must be credited to the substance
use disorder treatment and prevention grant account .
Subd. 11. Personal debt. Dictates that the person responsible for filing the return
incurs the debt of any unpaid taxes.
Effective for gross receipts received after December 31, 2023.
Sale and purchase.
Clarifies that the definition of “sale and purchase” provided in the state sales tax
chapter includes the sale and purchase of recreational cannabis, thus subjecting
these sales to state sales tax.
Effective for sales and purchases made after December 31, 2023.
Food and food ingredients.
Clarifies that recreational cannabis is not included in the definition of “food and food
products” within the sales tax chapter.
Effective for sales and purchases made after December 31, 2023.
Drugs; medical devices.
Clarifies that recreational cannabis is not included in the definition of “drugs” within
the sales tax chapter.
Effective for sales and purchases made after December 31, 2023.
Sales to government.
Clarifies that the purchase by a government entity of recreational cannabis is not
exempt from state sales tax.
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Section Description – Article 2: Taxes
Effective for sales and purchases made after June 30, 2023.
Nursing homes and boarding care homes.
Clarifies that the purchase by nursing homes and boarding care homes of
recreational cannabis is not exempt from state sales tax.
Effective for sales and purchases made after June 30, 2023.
Adult-use cannabis local tax prohibited.
Prohibits local governments from imposing a local sales tax solely on recreational
cannabis.
Effective the day following final enactment.
Definitions.
Subd. 1. Illegal cannabis. Updates the existing definition of “marijuana” to
exclude recreational cannabis products in this bill.
Subd. 2. Controlled substance. Updates the definition of “controlled substance”
to exclude illegal cannabis.
Subd. 3. Tax obligor or obligor. Removes the term “marijuana” from the
controlled substances tax chapter in accordance with the changes made to this
section.
Effective January 1, 2025.
Tax payment required for possession.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Pharmaceuticals.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Measurement.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
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Section Description – Article 2: Taxes
Effective January 1, 2025.
Tax rate.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Credit for previously paid taxes.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Criminal penalty; sale without affixed stamps.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Stamp price.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Payment due.
Removes the term “marijuana” from the controlled substances tax chapter in
accordance with the changes made to section 13.
Effective January 1, 2025.
Article 3: Business Development
Establishes grant programs to support cannabis businesses.
Section Description – Article 3: Business Development
Cannabis industry startup financing grants.
Creates the CanStartup grant program, run by the Department of Employment and
Economic Development, to give grants to nonprofit corporations to subsidize startup
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Section Description – Article 3: Business Development
loans to new legal cannabis businesses. Loans under the program do not require
matching funds, but a much higher loan amount is allowed if funds are matched by
private investment, and full or partial forgiveness of loans is allowed after three years
of satisfactory performance. Loans can be renewed annually for up to six years.
Cannabis industry navigation grants.
Creates the CanNavigate grant program, run by the Department of Employment and
Economic Development, to give grants to organizations to help individuals figure out
how to set up a legal cannabis business through technical assistance and navigation
services for regulations.
Cannabis industry training grants.
Creates the CanTrain grant program, run by the Department of Employment and
Economic Development, to give grants to (1) organizations to train people for
cannabis jobs, and (2) individuals to subsidize getting training for cannabis jobs. Both
types of grants favor programs that result in an industry-relevant credential or
include hands-on or on-site experiences in the industry. The grants to individuals are
designed to be made by lottery after a very simple application, with DEED publishing
all the information necessary to find an appropriate training program, and funds can
be used for external barriers to training like child care and transportation as well as
formal tuition and materials. The amount for individual grants is currently blank.
Article 4: Criminal Penalties
Establishes new crimes related to the possession, sale, and cultivation of cannabis and cannabis
products.
Section Description – Article 4: Criminal Penalties
Artificially derived cannabinoid.
Adopts the definition from chapter 342 into chapter 152 (controlled substances).
Cannabinoid product.
Adopts the definition from chapter 342 into chapter 152 (controlled substances).
Cannabis concentrate.
Adopts the definition from chapter 342 into chapter 152 (controlled substances).
Cannabis flower.
Adopts the definition from chapter 342 into chapter 152 (controlled substances).
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Section Description – Article 4: Criminal Penalties
Cannabis plant.
Adopts the definition from chapter 342 into chapter 152 (controlled substances).
Edible cannabinoid product.
Adopts the definition from chapter 342 into chapter 152 (controlled substances).
Sale crime.
Makes a conforming change, eliminating the controlled substance offense in the first
degree related to the sale of marijuana.
Possession crimes.
Amends the controlled substance offense in the first degree related to the possession
of marijuana to provide that a person commits the offense if the person possesses
more than 50 kilograms of cannabis flower, more than ten kilograms of cannabis
concentrate, or cannabinoid products infused with more than one kilogram of
tetrahydrocannabinol, and eliminates the controlled substance offense in the first
degree related to the possession of 500 or more marijuana plants .
Sale crimes.
Makes a conforming change, eliminating the controlled substance offense in the
second degree related to the sale of marijuana.
Possession crimes.
Amends the controlled substance offense in the third degree related to the
possession of marijuana to provide that a person commits the offense if the person
possesses more than 25 kilograms of cannabis flower, more than five kilograms of
cannabis concentrate, or cannabinoid products infused with more than 500 grams of
tetrahydrocannabinol and eliminates the controlled substance offense in the second
degree related to the possession of 100 or more marijuana plants.
Sale crimes.
Makes a conforming change, eliminating the controlled substance offense in the third
degree related to the sale of marijuana.
Possession crimes.
Amends the controlled substance offense in the third degree related to the
possession of marijuana to provide that a person commits the offense if the person
possesses more than ten kilograms of cannabis flower, more than two kilograms of
cannabis concentrate, or cannabinoid products infused with more than 200 grams of
tetrahydrocannabinol.
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Section Description – Article 4: Criminal Penalties
Sale crimes.
Makes a conforming change, eliminating the controlled substance offense in the
fourth degree related to the sale of marijuana in a school zone, park zone, public
housing zone, or a drug treatment center.
Sale crimes.
Makes a conforming change, eliminating the controlled substance offense in the fifth
degree related to the sale of marijuana.
Possession and other crimes.
Makes a conforming change, eliminating the controlled substance offense in the fifth
degree related to the possession of marijuana, cannabis, or cannabis products.
Cannabis possession crimes.
Establishes petty misdemeanor, misdemeanor, gross misdemeanor, and felony
crimes for possessing cannabis and cannabis products in excess of the amounts that
would be legal under this bill. Permits local units of government to establish
ordinances prohibiting use of cannabis in public places provided the ordinance
establishes only a petty misdemeanor penalty.
Cannabis sale crimes.
Establishes petty misdemeanor, misdemeanor, gross misdemeanor, and felony
crimes for selling cannabis and cannabis products without a license. Includes
increased penalties for repeat offenders; sale to a minor; or sale in a school zon e,
park zone, public housing zone, or drug treatment facility. Establishes a petty
misdemeanor offense for the first-time sale by a minor.
Cannabis cultivation crimes.
Establishes gross misdemeanor and felony crimes for cultivating cannabis without a
license and in excess of the amounts that would be legal under this bill.
Prescription requirements for Schedule III or IV controlled substances.
Makes a conforming change related to the provision in current law that requires a
prescription to dispense or sell a Schedule III controlled substance.
Artificially derived cannabinoid.
Adopts the definition from chapter 342 into chapter 169A (driving under the
influence).
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Section Description – Article 4: Criminal Penalties
Cannabinoid product.
Adopts the definition from chapter 342 into chapter 169A (driving under the
influence).
Cannabis flower.
Adopts the definition from chapter 342 into chapter 169A (driving under the
influence).
Hemp-derived consumer product.
Adopts the definition from chapter 342 into chapter 169A (driving under the
influence).
Driving while impaired crime; motor vehicle.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of DWI law and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
DWI law.
Open package law.
Establishes an open package law similar to the state’s open bottle law. Prohibits use
of cannabis flower, cannabinoid products, or any product containing an artificially
derived cannabinoid and possession of an open package containing any of those by a
driver or passenger in a motor vehicle. Establishes liability for the owner of certain
motor vehicles. Establishes exceptions for transporting an open package in the trunk
of a vehicle or a similar area that is not accessible to the driver, and for limousines,
certain buses, and certain vehicles operated by pedaling.
Implied consent; conditions; election of test.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of DWI law and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
DWI law.
Requirement of urine or blood test.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of DWI law and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
DWI law.
Driver education programs.
Requires driver’s education programs to include information about the effects of
cannabis flower, cannabinoid products, and tetrahydrocannabinol derived from any
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Section Description – Article 4: Criminal Penalties
source. Requires information on the hazards of operating under the influence of a
controlled substance or intoxicating substance, and on the legal penalties for such
operation.
Rules.
Requires a chemical use assessment before a supervising agent can prohibit a person
under supervision from using cannabis. Prohibits the commissioner from revoking
supervision for use of medical cannabis if the person is on the medical cannabis
registry.
Terms and conditions.
Requires a chemical use assessment before a court can prohibit a person under
supervision from using cannabis. Prohibits the court from imposing a condition of
release that prevents a person from participating in the medical cannabis program .
Criminal vehicular homicide.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of criminal laws related to causing death or harm
to another while operating under the influence, and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
those laws.
Great bodily harm.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of criminal laws related to causing death or harm
to another while operating under the influence, and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
those laws.
Substantial bodily harm.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of criminal laws related to causing death or harm
to another while operating under the influence, and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
those laws.
Bodily harm.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of criminal laws related to causing death or harm
to another while operating under the influence, and cannabinoid products or
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Section Description – Article 4: Criminal Penalties
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
those laws.
Death to an unborn child.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of criminal laws related to causing death or harm
to another while operating under the influence, and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
those laws.
Injury to an unborn child.
Clarifies that cannabis flower and cannabinoid products derived from cannabis are a
controlled substance for purposes of criminal laws related to causing death or harm
to another while operating under the influence, and cannabinoid products or
tetrahydrocannabinol derived from hemp is an intoxicating substance for purposes of
those laws.
Controlled substances.
Makes a conforming change.
Property subject to administrative forfeiture; presumption.
Makes a conforming change.
Controlled substances.
Makes a conforming change.
Oral fluid preliminary testing; pilot project authorized.
Directs the commissioner of public safety to design and implement a pilot project to
determine the efficacy of oral fluid roadside testing to determine the presence of a
controlled or intoxicating substance in drivers. Prohibits use of the test in any cour t
action. Permits other screening tests to be required consistent with current
Minnesota law. Provides that the section is effective on August 1, 2023, and expires
on July 31, 2025.
Article 5: Expungement
Provides for automatic expungement of petty misdemeanor and misdemeanor marijuana
convictions. Establishes a Cannabis Expungement Board to review other cannabis convictions
and determine whether a person is eligible for expungement, resentencing, or neithe r. Directs
the Cannabis Expungement Board to consider whether an offense involved violence or a victim,
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the amount of marijuana involved in an offense, and whether expungement or resentencing is
in the public interest. Requires public meetings, but further requires that the identity of a
person being considered and any identified victim be private.
Section Description – Article 5: Expungement
Expungement of criminal records.
Makes a conforming change.
Nature of remedy; standard.
Makes a conforming change.
Stay of order; appeal.
Makes a conforming change.
Automatic expungement of certain cannabis offenses.
Subd. 1. Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis
offenses. Provides that a person is eligible for an order vacating any conviction,
dismissing charges, and expunging criminal justice records if proceedings against
the person for violations alleging that the person possessed marijuana or
tetrahydrocannabinols were dismissed or resolved in the person’s favor, or if the
person was convicted or received a stayed sentence for possessing a small
amount of marijuana or possessing marijuana in a motor vehicle.
Subd. 2. Bureau of Criminal Apprehension to identify eligible i ndividuals.
Directs the Bureau of Criminal Apprehension to identify individuals eligible for
expungement under subdivision 1 and provide notice to the judicial branch.
Directs the Bureau of Criminal Apprehension to grant expungement of records
the bureau maintains without requiring an application. Directs the bureau to
notify law enforcement agencies of the expungement and requires those
agencies to seal their records. Requires the bureau to make a reasonable effort
to notify an individual whose information is sent to the judicial branch under this
section. Directs the bureau to provide relevant information to the commissioner
of human services regarding records that were expunged.
Subd. 3. Order of expungement. Directs the judicial branch to issue an order
vacating convictions, dismissing charges, and expunging records for eligible
individuals. Provides that provisions under section 609A.03, subdivision 6,
regarding cases that received a stay of adjudication pursuant to section 152.18
apply. Provides that the limitations under section 609A.03, subdivision 7a,
paragraph (b), do not apply and orders issued under this section . Directs the
court to provide a list of expunged cases to the commissioner of human services
and the Professional Educator Licensing and Standards Board.
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Section Description – Article 5: Expungement
Subd. 4. Report. Requires the Bureau of Criminal Apprehension to submit a
report to the legislative committees with jurisdiction over public safety upon
completion of its work under this section.
Expungement and resentencing of felony cannabis offenses.
Subd. 1. Cannabis Expungement Board. Establishes the Cannabis Expungement
Board which consists of the following five members: the chief justice of the
supreme court or a designee, the attorney general or a des ignee, one public
defender, one commissioner, and one public member. Provides that the board
will have the power and duty to review records, determine whether a person
should receive an expungement, and determine whether a person should be
resentenced to a lesser offense. The Cannabis Expungement Board must
complete its work by June 30, 2028.
Subd. 2. Eligibility; possession of cannabis. Provides that a person is eligible to
have a conviction vacated, charges dismissed, and records expunged, or
resentencing if the person was convicted of, or received a stayed sentence for, a
felony offense involving the possession of marijuana, the offense did not involve
a dangerous weapon or harm to another, the act for which the person was
sentenced would be a lesser offense or no longer be criminal under changes to
law, and the person has no existing right to an appeal.
Subd. 3. Bureau of Criminal Apprehension to identify eligible records . Directs
the Bureau of Criminal Apprehension to identify convictions that qualify for
review under the standards established in subdivision 2.
Subd. 4. Access to records. Provides that the Cannabis Expungement Board will
have access to all records of any type related to a conviction for possession of a
controlled substance held by law enforcement agencies, prosecuting authorities,
and court administrators.
Subd. 5. Meetings; anonymous identifier. Requires the Cannabis Expungement
Board to meet at least monthly. Provides that meetings are subject to chapter
13D. Permits crime victims and law enforcement agencies to submit written or
oral statements. Requires the board to use anonymous identifiers when
discussing an individual’s records.
Subd. 6. Review and determination. Directs the Cannabis Expungement Board to
review available records to determine whether the conviction or stay of
adjudication is eligible for expungement or resentencing. Provides that
expungement under this section is presumed to be in the public interest unless
there is clear and convincing evidence that expungement or resentencing would
create a risk to public safety. Directs the board to determine whether limitations
on expungement apply to each individual case and, if expungement is not
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Section Description – Article 5: Expungement
appropriate, whether resentencing is appropriate. Directs the board to consider
factors including public safety in making its determination.
Subd. 7. Annual report. Requires the Cannabis Expungement Board to submit an
annual report describing its activities, including the number of cases reviewed in
the previous year, the number of cases remaining to be reviewed, and the
outcomes of the cases reviewed.
Subd. 8. Notice to judicial branch and offenders. Directs the Cannabis
Expungement Board to provide notice to the judicial branch of individuals eligible
to have a conviction vacated, charges dismissed, and records expunged, or to
receive resentencing. Directs the board to make a reasonable effort to notify an
individual whose information is sent to the judicial branch under this section.
Subd. 9. Data classification. Provides that all data collected, created, received,
maintained, or disseminated by the Cannabis Expungement Boa rd in which each
victim of a crime and person whose conviction or stay of adjudication the
Cannabis Expungement Board reviews is or can be identified as the subject of the
data is classified as private data on individuals.
Subd. 10. Order of expungement. Directs the courts to issue an order vacating a
conviction, dismissing charges, and expunging records consistent with the
findings of the Cannabis Expungement Board upon receipt of information from
the board.
Subd. 11. Resentencing. Provides that, if the Cannabis Expungement Board
determined that a person is eligible for resentencing, the court shall proceed as if
the appellate court directed a reduction of the conviction to an offense of lesser
degree pursuant to rule 28.02, subdivision 12 of the Rules of Criminal Procedure.
Permits the court to issue an order without holding a hearing if the person
completed or was discharged from the sentence. Directs the court to issue an
order restoring the person's right to possess firearms and ammunition where
applicable.
Article 6: Miscellaneous Provisions
This article requires the governor to negotiate compacts with Indian Tribes regarding medical
cannabis and adult-use cannabis, makes conforming changes, requires education programs on
cannabis use, requires the commissioner of health to collect data on cannabis use in the state,
adds provisions governing workplace testing for cannabis, modifies eligibility requirements for
certain public assistance programs for persons with a drug offense conv iction, and repeals
existing statutes and rules governing the medical cannabis registry program.
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Section Description – Article 6: Miscellaneous Provisions
Medical cannabis; compacts to be negotiated.
Authorizes the governor, or the governor’s designee to enter into compacts with
Indian Tribes to permit the Tribes to provide medical cannabis. Identifies the issues
all compacts must address, including rates of assessment and revenue sharing, and
provides that acts performed pursuant to a valid contract are immune from civil or
criminal prosecution. Requires the governor to publish all compacts and report to the
legislature.
Adult-use cannabis; compacts to be negotiated.
Authorizes the governor, or the governor’s designee to enter into compacts with
Indian Tribes to permit the Tribes to provide adult -use cannabis. Identifies the issues
all compacts must address, including rates of assessment and revenue sharing, and
provides that acts performed pursuant to a valid contract are immune from civil or
criminal prosecution. Requires the governor to publish all compacts and report to the
legislature.
Cannabis business.
Makes a conforming change in chapter 13 noting that data submitted to the Cannabis
Management Board for a cannabis business license and data relating to
investigations and disciplinary proceedings involving cannabis businesses licensed by
the Cannabis Management Board are classified under section 324.17, subdivision 7.
4 Cannabis Expungement Board records.
Makes a conforming change in chapter 13 noting that data collected, created,
received, maintained, or disseminated by the Cannabis Expungement Board are
classified under section 609A.06, subdivision 8.
5 Food.
Makes a conforming change.
6 Education on cannabis use and substance use.
Requires the commissioner of education to identify model programs to educate
middle and high school students about the health effects of cannabis use and
substance use, and requires school districts and charter schools to implement an
education program on cannabis use and substance use for middle and high school
students beginning in the 2026-2027 school year.
7 Cannabis data collection and biennial reports.
Requires the commissioner of health to collect data and report on the prevalence of
the use of cannabis and cannabis products using a baseline assessment and providing
updates. Requires a report at least every two years beginning January 1, 2025 .
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Section Description – Article 6: Miscellaneous Provisions
8 Cannabis education programs.
Requires the commissioner of health to conduct an education program on the top
three adverse health effects of the use of cannabis or cannabis products by persons
under 21. Requires the commissioner to conduct an education program to educate
pregnant women, breastfeeding women, and women who may become pregnant on
the adverse health effects of prenatal exposure or exposure by infants and children
to cannabis and cannabis products. Requires the commissioner to provide training
and technical assistance to home visiting programs regarding safe and unsafe uses of
cannabis and cannabis products in homes with infants and young children. Directs
the commissioner to issue grants to qualified agencies and programs to provide
education and training to substance use disorder treatment providers on the signs of
and treatments for substance use disorder.
9 Remedies available.
Makes a conforming change.
10 Application of other law.
Makes a conforming change.
11 Duties; goal.
Provides that the dual-training programs overseen by the commissioner of labor and
industry can include occupations in the legal cannabis industry.
12 Prohibited practice.
Adds cannabis to state definition of “lawful consumable product,” meaning an
employer cannot fire, discipline, or refuse to hire someone for their use or enjoyment
of cannabis or cannabis products outside of work during nonworking hours.
13-18 Cannabis testing in the workplace definitions.
These sections add a new definition for “cannabis testing,” and make conforming
changes to current definitions for workplace drug and alcohol testing.
▪ Section 13, defines “confirmatory test” and “confirmatory retest” to include a
cannabis test is separate from a drug test .
▪ Sections 14 and 15 remove cannabis as a “drug” subject to current “drug and
alcohol testing,” but provide for exceptions, including section 18.
▪ Section 16 defines “cannabis testing” separate from existing workplace
testing. Applies existing methods and definitions unless stated.
▪ Section 17 defines “initial screening test” to in clude a cannabis test.
▪ Section 18 includes cannabis impairment under “safety-sensitive position.”
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Section Description – Article 6: Miscellaneous Provisions
19 Limitations on cannabis testing.
Prohibits cannabis testing of job applicants or using cannabis test results to make
hiring decisions. Prohibits all random cannabis testing. Allows cannabis testing of
current employees based on reasonable suspicion an employee: (1) is impaired by
cannabis at work or on work property; (2) violated the employer’s valid written
cannabis policy; or (3) sustained an injury or caused a work-related injury or accident.
Existing law and testing safeguards apply.
20 Cannabis testing exceptions.
Provides exceptions to limitations on cannabis testing. Existing drug and alcohol
testing requirements continue to apply to:
1) a safety-sensitive position;
2) a peace officer;
3) a firefighter;
4) a position working directly with children, vulnerable adults, or health care
patients;
5) a position requiring a commercial driver’s license or requiring testing for
motor vehicle operation;
6) a federally funded grant position; or
7) any other position where state or federal law require testing.
21 Cannabis policy.
Allows employers to create written policies prohibiting cannabis use, possession,
sale, transfer, or impairment at work or on work property, and outlining cannabis
testing requirements and discipline, subject to existing law. Requires prior written
notice to affected employees and refusal, confirmation, and appeal procedures.
22 Reliability and fairness safeguards.
Makes conforming changes to clarify that existing testing standards and protections
under the workplace drug and alcohol statute apply if an employer requests or
requires an employee to undergo cannabis testing under section 13. These include
use of certain qualified laboratories, reporting, retention, and chain of custody
procedures, notice of and right to receive test results, certain employee protections
before undergoing testing or if they test positive, confirmatory retests, and limits on
discipline and discharge related to a positive cannabis test.
Adds subdivision 10a providing additional limitations on discipline or discharge for
cannabis. Authorizes discipline, discharge, or other adverse personnel action by an
employer for a cannabis violation at work or on work property, if an employee:
1) is impaired by cannabis at work;
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Section Description – Article 6: Miscellaneous Provisions
2) has a verified positive test for cannabis;
3) violates an employer’s valid written cannabis policy; or
4) as provided under other state or federal law.
23 Privacy, confidentiality, and privilege safeguards.
Makes conforming changes clarifying that privacy, confidentiality, and privilege
provisions in the workplace drug and alcohol statute apply to cannabis testing.
24-25 Interaction with collective bargaining agreements and federal law.
Allows for consistent cannabis testing policies in collective bargaining agreements
that meet or exceed employee protections for workplace testing provisions.
Recognizes federal preemption of state cannabis testing law where specified.
26 Background studies conducted by Department of Human Services.
Prohibits the commissioner of human services from considering a conviction for
possession of marijuana that has been expunged or any information related to a
record that has been expunged when determining if a person is disqualified under a
background study.
27 Drug convictions.
Modifies the information the court administrator must periodically report to the
commissioner of human services and removes obsolete language.
28 Drug formulary.
Makes a conforming change.
29 Person convicted of drug offenses.
Allows a person with a drug offense conviction to continue to be eligible for general
assistance if the conviction is related to cannabis, marijuana, or THC. Specifies a
positive drug test result must be for an illegal controlled substance under chapter
152 (drugs; controlled substances). Modifies the definition of “drug offense.”
30 Fleeing felons.
Makes a technical change.
31 Person convicted of drug offenses.
Allows a person with a drug offense conviction to continue to be eligible for MFIP if
the conviction is related to cannabis, marijuana, or THC. Specifies a positive drug test
result must be for an illegal controlled substance under chapter 152 (drugs;
controlled substances). Modifies the definition of “drug offense.”
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Section Description – Article 6: Miscellaneous Provisions
32 Fleeing felons.
Makes a technical change.
33 Retail license not prohibited; lower potency edible products.
Prohibits the revocation or suspension of a retail liquor license, or imposition of a
licensing penalty, solely because a licensee holds a lower potency edible product
retailer license.
34 Exclusive liquor stores.
Permits exclusive liquor stores to sell lower potency edible products.
35 Mandatory expungement.
Directs a court to expunge an eviction case if the tenant could receive an automatic
expungement of a criminal offense related to cannabis or marijuana, or if the breach
was based solely on the possession of marijuana or tetrahydrocannabinols.
36 Terms of covenant.
Provides that a landlord cannot prohibit a tenant from legally possessing or using,
and a tenant cannot waive the right to legally possess or use, any cannabinoid
products or hemp-derived consumer products other than those consumed through
smoking, vaping, or a similar manner.
37 Covenants; sober homes.
Permits a sober housing program for people with substance use disorders to prohibit
people in the program from possessing or using cannabinoid products or hemp -
derived consumer products.
38 Benefit eligibility.
Allows a person with a drug offense conviction to continue to be eligible for general
assistance and SSI if the conviction is related to cannabis, marijuana, or THC. Specifies
a positive drug test result must be for an illegal controlled subst ance under chapter
152 (drugs; controlled substances). Modifies the definition of “drug offense.”
39 Drug offenders; random testing; sanctions.
Excludes convictions related to cannabis, marijuana, and tetrahydrocannabinols from
the offenses that require random drug testing in order to receive certain MFIP
benefits.
40-46 Definitions.
Incorporates definitions related to adult-use cannabis and medical cannabis into
provisions relating to firearm possession.
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Section Description – Article 6: Miscellaneous Provisions
47 Ineligible persons.
Establishes that the use of medical cannabis flower or medical cannabinoid products
does not constitute the unlawful use of a controlled substance for the purpose of the
right to possess a firearm.
48 Granting and denial of permits.
Provides that enrollment in the medical cannabis program or use of medical cannabis
flower or medical cannabinoid products may not be used as the basis to deny an
application for a permit to carry a firearm.
49 Acts prohibited.
Prohibits a person from carrying a pistol in a public place if the person knows or has
reason to know that the use of medical cannabis flower or medical cannabinoid
products has the capacity to cause impairment in the person.
50 Standardized forms.
Directs the commissioner of public safety to include notice that a person does not
need to disclose the use of medical cannabis flower or medical cannabinoid products
by a person in the registry program in any form used for the purpose of approving or
disapproving a person from owning, possessing, or carrying a firearm.
51 Lawful cannabis users.
Provides that a person may not be denied the right to own, possess, or carry firearms
based on the person’s status as a patient in the medical cannabis registry program
and prohibits state and local agencies from accessing certain information or
requesting certain information if the purpose is to prohibit a person in the registry
program from owning, possessing, or carrying a firearm.
52 Repealer.
Paragraph (a) repeals existing rules governing the medical cannabis registry program.
Paragraph (b) repeals existing statutes governing the medical cannabis registry
program.
Paragraph (c) repeals section 152.027, subdivisions 3 and 4, which establish criminal
penalties for possession of marijuana in a motor vehicle and the possession or sale of
small amounts of marijuana. This paragraph is effective August 1, 2023.
Paragraph (d) repeals the THC Therapeutic Research Act.
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Article 7: Temporary Regulation of Certain Products
This article directs the Department of Health to temporarily regulate products containing
hemp-derived cannabinoids, including products that contain CBD and edible products that
contain up to 5 milligrams of THC per serving. All sections other than the repealer are effective
the day following final enactment.
Section Description – Article 7: Temporary Regulation of Certain Products
Food.
Makes a conforming change.
Sale of certain cannabinoid products.
Subd. 1. Definitions. Defines additional terms including “artificially derived
cannabinoid,” “batch,” “commissioner,” “distributer,” and “synthetic
cannabinoid.”
Subd. 2. Scope. Makes a conforming change to clarify that the commissioner of
health will have regulatory authority over products under this section.
Subd. 3. Sale of cannabinoids derived from hemp. Maintains current law.
Subd. 4. Testing requirements. Requires persons seeking testing of hemp-
derived cannabinoids and products containing those products to disclose any
foreign substances, including pesticides, applied to the hemp or product. Permits
the commissioner to determine that a testing laboratory does not meet
minimum requirements.
Subd. 5. Labeling requirements. Adds “batch number” to the information a label
must contain.
Subd. 5a. Additional requirements for edible cannabinoid products . Replaces
the term “trace amounts” with a limit of 0.25 milligrams of THC in relation to the
amount of THC certain beverages can contain. Requires indications of serving size
to appear on an edible cannabinoid product. Limits the cannabinoids an edible
cannabinoid product can contain to delta-8 THC and delta-9 THC and specifically
prohibits other artificially derived cannabinoids and synthetic cannabinoids.
Subd. 5b. Registration; prohibitions. Requires businesses selling edible
cannabinoid products to register with the commissioner of health by October 1,
2023. Prohibits charging a fee for registration. Prohibits on-site consumption of
edible cannabinoid products. Prohibits giving away edible cannabinoid products
except as an incentive to purchase a storage container designed to prevent
access by a person under age 21.
59
Item 2.
H.F. 100
Sixth engrossment
Minnesota House Research Department Page 43
Section Description – Article 7: Temporary Regulation of Certain Products
Subd. 5c. Age verification. Requires businesses to verify the age of a customer
before selling edible cannabinoid products and identifies valid forms of
identification.
Subd. 6. Noncompliant products; enforcement. Establishes that products sold or
held for sale in this state are considered noncompliant products when they fail to
meet certain health and safety requirements. Permits the commissioner to
assume that a product in this state is intended for sale in the state if similar
products have been sold to customers in the state. Permits the commissioner to
enforce this section under the Health Enforcement Consolidation Act. Permits
the commissioner to enter into agreements with the Office of Cannabis
Management to perform inspections and take enforcement action.
Subd. 7. Violations; criminal penalties. Establishes gross misdemeanor penalties
for certain sales of edible cannabinoid products, including the knowing sale of
noncompliant products or sales to a person under age 21.
Exclusive liquor stores.
Permits exclusive liquor stores to sell edible cannabinoid products.
Edible cannabinoid products; enforcement.
Establishes that the Department of Health has enforcement authority over section
151.72 and can exercise the powers in the Health Enforcement Consolidation Act of
1993. Provides that, when the powers and duties of the Office of Medical Cannabis
transfer to the Office of Cannabis Management, enforcement of section 151.72 also
transfers.
Repealer.
Repeals section 151.72, which provides for the temporary regulation of edible
cannabinoid products, effective July 1, 2024.
Article 8: Scheduling of M arijuana
Reschedules marijuana from Schedule I to Schedule III.
Article 9: Appropriations
Appropriates money to pay for establishing the regulatory structure for adult -use cannabis and
other costs that will be incurred before the legal sale of adult-use cannabis.
60
Item 2.
H.F. 100
Sixth engrossment
Minnesota House Research Department Page 44
Minnesota House Research Department provides nonpartisan legislative, legal, and
information services to the Minnesota House of Representatives. This document
can be made available in alternative formats.
www.house.mn/hrd | 651-296-6753 | 155 State Office Building | St. Paul, MN 55155
61
Item 2.
1.1 .................... moves to amend H.F. No. 100, the fourth engrossment, as follows:
1.2 Page 3, line 32, after "using" insert "heat, pressure,"
1.3 Page 9, delete lines 20 to 23 and insert:
1.4 "(4) consists of servings that contain no more than five milligrams of delta-9
1.5 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
1.6 combination of those cannabinoids that does not exceed the identified amounts;"
1.7 Page 9, line 25, after "cannabinoids" insert "per serving"
1.8 Page 16, after line 13, insert:
1.9 "(d) The director shall not have been a member of the Minnesota legislature or held a
1.10 constitutional office for at least four years before appointment."
1.11 Page 30, line 7, after the period, insert "Nothing in this section prohibits a local unit of
1.12 government from charging the retailer registration fee established in section 342.215."
1.13 Page 31, line 4, after "(b)" insert "Except as provided in section 342.215,"
1.14 Page 31, line 9, delete "or"
1.15 Page 31, line 10, after "grounds" insert ", or a public park that includes a playground,
1.16 athletic field, or other attraction regularly used by minors"
1.17 Page 31, delete lines 11 to 13 and insert:
1.18 "(d) The office shall work with local units of government to:
1.19 (1) develop model ordinances for reasonable restrictions on the time, place, and manner
1.20 of the operation of a cannabis business;
1.21 (2) develop standardized forms and procedures for issuance of a retail registration
1.22 pursuant to section 342.215; and
1
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
62
Item 2.
2.1 (3) develop model policies and procedures for the performance of compliance checks
2.2 required under section 342.215."
2.3 Page 32, line 7, after the period, insert "If a local unit of government notifies the office
2.4 that a cannabis business other than a cannabis retailer, cannabis microbusiness with a retail
2.5 operations endorsement, lower potency edible product retailer, or medical cannabis retailer
2.6 poses an immediate threat to the health or safety of the public, the office must respond
2.7 within 24 hours and may take any action described in section 342.18 or 342.19."
2.8 Page 40, line 5, after the period, insert "Inspections must take place within 24 hours of
2.9 receipt of a credible report."
2.10 Page 48, after line 28, insert:
2.11 "Sec. .... [342.215] RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT.
2.12 Subdivision 1.Registration required.Before making retail sales to customers or patients,
2.13 a cannabis retailer, cannabis microbusiness with a retail operations endorsement, lower
2.14 potency edible product retailer, or medical cannabis retailer must register with the local unit
2.15 of government in which the retail establishment is located.
2.16 Subd. 2.Registration fee.A local unit of government may charge an initial retail
2.17 registration fee of up to $200. The local unit of government may also charge a renewal fee
2.18 of up to $200. A cannabis business with a cannabis retailer license and a medical cannabis
2.19 retailer license for the same location may only be charged a single registration fee. The
2.20 registration fee is nonrefundable.
2.21 Subd. 3.Issuance of registration.(a) A local unit of government shall issue a retail
2.22 registration to a cannabis retailer, cannabis microbusiness with a retail operations
2.23 endorsement, lower potency edible product retailer, or medical cannabis retailer that:
2.24 (1) has a valid license issued by the office;
2.25 (2) has paid the registration fee or renewal fee pursuant to subdivision 2;
2.26 (3) is found to be in compliance with the requirements of this chapter at any preliminary
2.27 compliance check that the local unit of government performs; and
2.28 (4) if applicable, is current on all property taxes and assessments at the location where
2.29 the retail establishment is located.
2.30 (b) Before issuing a retail registration, the local unit of government may conduct a
2.31 preliminary compliance check to ensure that the cannabis business is in compliance with
2Sec. .
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
63
Item 2.
3.1 the applicable operation requirements and the limits on the types of cannabis flower,
3.2 cannabinoid products, and hemp-derived consumer products that may be sold.
3.3 (c) The local unit of government shall renew the retail registration when the office renews
3.4 the license of the cannabis business.
3.5 (d) A retail registration issued under this section may not be transferred.
3.6 Subd. 4.Compliance checks.(a) A local unit of government shall conduct compliance
3.7 checks of every cannabis business with a retail registration issued by the local unit of
3.8 government. The checks shall assess compliance with age verification requirements; the
3.9 applicable operation requirements; and the applicable limits on the types of cannabis flower,
3.10 cannabinoid products, and hemp-derived consumer products being sold.
3.11 (b) The local unit of government must conduct unannounced age verification compliance
3.12 checks at least once each calendar year. Age verification compliance checks must involve
3.13 persons at least 17 years of age, but under the age of 21, who, with the prior written consent
3.14 of a parent or guardian if the person is under the age of 18, attempt to purchase cannabis
3.15 flower, cannabinoid products, or hemp-derived consumer products under the direct
3.16 supervision of a law enforcement officer or an employee of the local unit of government.
3.17 (c) Checks to ensure compliance with the applicable operation requirements and the
3.18 limits on the types of cannabis flower, cannabinoid products, and hemp-derived consumer
3.19 products that may be sold must be performed at least once each calendar year and may be
3.20 performed by a law enforcement officer or an employee of the local unit of government.
3.21 Subd. 5.Registration suspension and cancellation; notice to office; penalties.(a) If
3.22 a local unit of government determines that a cannabis business with a retail registration
3.23 issued by the local unit of government is not operating in compliance with the requirements
3.24 of this chapter or that the operation of the business poses an immediate threat to the health
3.25 or safety of the public, the local unit of government may suspend the retail registration. The
3.26 local unit of government must immediately notify the office of the suspension and shall
3.27 include a description of the grounds for the suspension.
3.28 (b) The office shall review the retail registration suspension and may order reinstatement
3.29 of the retail registration or take any action described in section 342.18 or 342.19.
3.30 (c) The retail registration suspension shall be for up to 30 days unless the office suspends
3.31 the license and operating privilege of the cannabis business for a longer period or revokes
3.32 the license.
3Sec. .
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
64
Item 2.
4.1 (d) The local unit of government may reinstate the retail registration if the local unit of
4.2 government determines that any violation has been cured. The local unit of government
4.3 must reinstate the retail registration if the office orders reinstatement.
4.4 (e) No cannabis retailer, cannabis microbusiness with a retail operations endorsement,
4.5 lower potency edible product retailer, or medical cannabis retailer may make any sale to a
4.6 customer or patient without a valid retail registration. The local unit of government may
4.7 impose a civil penalty of up to $2,000 for each violation of this paragraph."
4.8 Page 59, delete lines 23 to 25 and insert:
4.9 "(b) A city or county may adopt an ordinance to prohibit sales for any period between
4.10 9:00 p.m. and 2:00 a.m. the following day, or between 8:00 a.m. and 10:00 a.m. on the days
4.11 of Monday through Saturday."
4.12 Page 79, delete subdivision 5 and insert:
4.13 "Subd. 5.Compliant products.(a) A lower potency edible product retailer shall ensure
4.14 that all lower potency edible products offered for sale comply with the limits on the amount
4.15 and types of cannabinoids that a lower potency edible product can contain, including but
4.16 not limited to the requirement that lower potency edible products:
4.17 (1) consist of servings that contain no more than five milligrams of delta-9
4.18 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
4.19 combination of those cannabinoids that does not exceed the identified amounts;
4.20 (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids
4.21 per serving; and
4.22 (3) do not contain an artificially derived cannabinoid other than delta-9
4.23 tetrahydrocannabinol.
4.24 (b) If a lower potency edible product is packaged in a manner that includes more than
4.25 a single serving, the lower potency edible product must indicate each serving by scoring,
4.26 wrapping, or other indicators that appear on the lower potency edible product designating
4.27 the individual serving size.
4.28 (c) A single package containing multiple servings of a lower potency edible product
4.29 must contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams
4.30 of cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids
4.31 that does not exceed the identified amounts."
4.32 Page 90, delete subdivision 8 and insert:
4Sec. .
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
65
Item 2.
5.1 "Subd. 8.Allowable delivery methods.A patient in the registry program may receive
5.2 medical cannabis flower and medical cannabinoid products. The office may approve
5.3 additional delivery methods to expand the types of products that qualify as medical
5.4 cannabinoid products."
5.5 Page 91, delete line 13 and insert:
5.6 "(1) be at least:
5.7 (i) 18 years of age to obtain or assist with medical cannabinoid products or medical
5.8 cannabis paraphernalia; and
5.9 (ii) 21 years of age to obtain or assist with medical cannabis flower;"
5.10 Page 106, after line 17, insert:
5.11 "(10) a warning symbol developed by the office in consultation with the commissioner
5.12 of health and the Minnesota Poison Control System that:
5.13 (i) is at least three-quarters of an inch tall and six-tenths of an inch wide;
5.14 (ii) is in a highly visible color;
5.15 (iii) includes a visual element that is commonly understood to mean a person should
5.16 stop;
5.17 (iv) indicates that the product is not for children; and
5.18 (v) includes the phone number of the Minnesota Poison Control System;"
5.19 Renumber the clauses in sequence
5.20 Page 156, line 5, delete "15" and insert "five"
5.21 Page 181, line 17, after the period, insert "Notice shall also clearly state that an order of
5.22 expungement or a grant of expungement may not change a person's immigration status and
5.23 any person with questions about the effect on the person's immigration status should consult
5.24 with an immigration attorney."
5.25 Page 196, after line 12, insert:
5.26 "Sec. .... Minnesota Statutes 2022, section 144.99, subdivision 1, is amended to read:
5.27 Subdivision 1.Remedies available.The provisions of chapters 103I and 157 and sections
5.28 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
5.29 and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
5.30 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
5Sec. .
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
66
Item 2.
6.1 144.992; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28
6.2 and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
6.3 registrations, certificates, and permits adopted or issued by the department or under any
6.4 other law now in force or later enacted for the preservation of public health may, in addition
6.5 to provisions in other statutes, be enforced under this section.
6.6 EFFECTIVE DATE.This section is effective January 1, 2024.
6.7 Sec. .... Minnesota Statutes 2022, section 144A.4791, subdivision 14, is amended to read:
6.8 Subd. 14.Application of other law.Home care providers may exercise the authority
6.9 and are subject to the protections in section 152.34 342.51.
6.10 EFFECTIVE DATE.This section is effective January 1, 2024."
6.11 Page 224, delete section 2
6.12 Page 234, after line 1, insert:
6.13 "Sec. .... EDIBLE CANNABINOID PRODUCTS; ENFORCEMENT.
6.14 (a) The Department of Health shall enforce the provisions of Minnesota Statutes, section
6.15 151.72, and all rules, orders, stipulation agreements, settlements, compliance agreements,
6.16 and registrations related to that section adopted or issued by the Office of Medical Cannabis
6.17 or the Department of Health pursuant to the Health Enforcement Consolidation Act of 1993
6.18 contained in Minnesota Statutes, sections 144.989 to 144.993. The commissioner of health
6.19 may assign enforcement responsibilities to the Office of Medical Cannabis.
6.20 (b) The enforcement authority under paragraph (a) shall transfer to the Office of Cannabis
6.21 Management at any such time that the powers and duties of the Department of Health with
6.22 respect to the medical cannabis program under Minnesota Statutes 2022, sections 152.22
6.23 to 152.37, are transferred to the Office of Cannabis Management. The director of the Office
6.24 of Cannabis Management may assign enforcement responsibilities to the Division of Medical
6.25 Cannabis.
6.26 (c) This section shall expire on July 1, 2024.
6.27 EFFECTIVE DATE.This section is effective the day following final enactment."
6.28 Page 259, after line 26, insert:
6.29 "Subd. 20.Department of Health; Minnesota Poison Control System.$500,000 in
6.30 fiscal year 2024 and $500,000 in fiscal year 2025 are appropriated from the general fund
6Sec. .
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
67
Item 2.
7.1 to the commissioner of health to support the poison control system and award or supplement
7.2 grants pursuant to Minnesota Statutes, section 145.93."
7.3 Renumber the sections in sequence and correct the internal references
7.4 Amend the title accordingly
7Sec. .
HOUSE RESEARCH BJ/RK H0100A4702/06/23 05:21 pm
68
Item 2.
CITY COUNCIL MEETING
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE MARCH 6, 2023
ITEM: Introduction to Property Maintenance and Rental Licensing
DEPARTMENT: Fire BY/DATE: Dan O’Brien, 3/6/2023
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength X Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Assistant Chief O’Brien will present an overview of the Property Maintenance Code and Rental Property
Licensing.
Topics presented are:
Brief History and the City’s role in the Property Maintenance Code
Inspection and enforcement
Abatements
Rental Licensing
Tenant – Landlords
Revocations
Time approx.: 30-45 minutes.
RECOMMENDED MOTION(S):
MOTION: None
ATTACHMENT(S): None.
69
Item 4.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE 3/6/2023
ITEM: Single Family Rental Moratorium, Density Cap, and Accessory Dwelling Unit (ADU) Discussion
DEPARTMENT: Community Development BY/DATE: Mitch Forney, and Aaron Chirpich, 3/1/23
CITY STRATEGY:
_Safe Community _Diverse, Welcoming “Small-Town” Feel
X Economic Strength X Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
SINGLE-FAMILY RENTAL DENSITY CAP BACKGROUND:
In 2022, the city Council expressed an interest in exploring the option of regulating the number of rental
licenses for single-family homes within the City. This conversation stemmed from a concern about the amount
of investor/corporate owned single-family housing in the City limiting the number of affordable home
ownership opportunities for residents of Columbia Heights. In the original report to the Council, the city
planner revealed that as of 2022, the current homeownership rate in Columbia Heights was approximately
67% (US Census). According to a rental property list provided to the Community Development Department on
February 11, 2022, the City had approximately 422 licensed single -family rental dwellings. This includes both
detached single-family homes and attached single-family homes, such as townhomes. Staff compared this to
the approximate 6,112 total single-family dwellings in the City, and calculated that roughly 7% of the current
single-family housing stock is licensed as a rental property. It is estimated that the City has 705 total
duplex/triplex/quad dwellings, which are typically rentals by nature. Also in 2022, the Minneapolis Fed
released a report that found that 5.6% of Columbia Heights single-family homes are investor owned.
In exploring options to regulate the density of single-family rental dwellings, staff turned to the cities of West
St. Paul and Anoka for direction. Both cities have implemented single-family rental density caps which limit
rental licenses to 10% for single-family zoning. These limits are designated by residential blocks and maps are
maintained on a regular basis. At the time of policy implementation, if a block exceeds the 10% cap on single -
family rentals, then the license is still valid. In the case of West Saint Paul, it is treated as a legal
nonconformity. In the case of Anoka, the property would lose its license once sold. Both ordinances provide
options for temporary rental licenses for unique circumstances.
After presenting at the March 7th, 2022, work session, staff worked to develop a draft ordinance for the rental
density cap (Attachment 1). During the review of the draft ordinance the council had a discussion regarding
how Maple Grove had established a rental moratorium. The council then directed staff to research and draft a
similar ordinance. Ordinance 1678 “an interim ordinance establishing a moratorium within the city on new
rental license applications for single family homes” held its second reading on August 22nd officially putting
into place a 12-month rental license moratorium.
70
Item 5.
City of Columbia Heights - Council Letter Page 2
The items below need to be completed before bringing the ordinance forward for two readings and before we
can fully implement this ordinance.
Work with GIS and Planning staff to get a thorough count of lots per City block and legal single -family
dwellings in all residential zoning districts.
Finalize a Rental Density Map for Single-Family Lots per City block that is maintained and updated on a
consistent basis.
Work internally to designate new responsibilities to City staff, such as map updating and temporary
rental license application review.
Notify all current single-family rental license holders of ordinance update and what they’re subject to
moving forward.
Create a designated City website that provides information of the ordinance change and current Rental
Density Map.
With new Council members recently being seated, staff wanted to check in and confirm that the Council
would still like to move forward with implementation of the single-family rental density cap.
ACCESSORY DWELLING UNITS:
An accessory dwelling unit, or ADU is a secondary housing unit that is placed on an existing single-family
residential lot. ADU’s can be internal to an existing home (duplex), stand alone, or added to an accessory
structure (garage). Recently, many communities within the seven-county metropolitan service area have
enacted zoning ordinances that introduce ADU’s into neighborhoods zoned for single -family residential
development. Staff believe that ADU’s are relevant to the single-family rental density cap conversation, and
therefore would like to briefly discuss ADU’s in conjunction.
COLUMBIA HEIGHTS ADU HISTORICAL CONTEXT:
Columbia Heights has a long history of allowing duplexes (internal ADU’s) in its single-family neighborhoods.
Since 1974, large portions of the City have been zoned R2 – One and Two Family Residential. This zoning
classification has allowed, and still allows for the development of duplexes in many areas of the City. For
context, more than 70 percent of all parcels in the City are currently zoned to accommodate two-family
residential properties. Currently, not all parcels zoned to allow two-family dwellings would qualify for the
development of a two-family housing unit when other zoning conditions are applied. However, there are many
properties in the City where internal ADU’s can still be constructed.
Between the years of 1974 and 2005, two-family dwellings (duplexes), were permitted uses in the R-2 zoning
district. This meant that the use was permitted by general right and did not require review by the Planning
Commission and City Council. In 2005, this designation changed with a zoning amendment that classified two-
family dwellings as conditional uses in all zoning districts that allow for the use. This means that two-family
dwellings now require full review by the Planning Commission and City Council. The 2005 zoning amendment
also changed the standards for what parcels would qualify for the development of a duplex. These changes
were in response to concerns that many of Columbia Heights’ R-2 neighborhoods were being overbuilt with
duplexes that were popping up on many of the City’s smaller lots, exasperating parking issues and detracting
from the character of the surrounding neighborhood. For more information, please refer to the attached
planning report from 2005 detailing the changes.
71
Item 5.
City of Columbia Heights - Council Letter Page 3
HOW THIS APPLIES TO THE RENTAL DENSITY CAP:
If the Council remains committed to the single-family rental density cap, staff believe that the City should not
expand the allowability of duplexes or other forms of ADU’s in the City, as the two efforts would oppose one
another. ADU’s are rental units by nature. Therefore, limiting one form of rental property and expanding
another in the same district(s) would be strategically ineffective.
ATTACHMENT(S):
Draft Rental Density Cap Ordinance
Draft Rental Density Cap Map
1974 Zoning Map
Current Zoning Map
2005 R-2 Planning Report
72
Item 5.
ORDINANCE NO. XXXX
BEING AN ORDINANCE AMENDING CHAPTER 5A ARTICLE IV OF THE COLUMBIA HEIGHTS CITY CODE TO
REGULATE RENTAL DENSITY FOR DETACHED SINGLE-FAMILY RENTAL DWELLINGS
The City of Columbia Heights does ordain:
Section 1
5A.401 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
5A.401 OCCUPANCY LICENSE REQUIRED.
(A) No person, firm, government agency or corporation shall own a premises that is rented, leased, let, or
used for any type of occupancy in the city City without having first obtained an occupancy license (license)
as hereinafter provided and outlined in the Property Maintenance Inspection Policy. Each such license
shall register annually with the city City. If the license is denied, no occupancy of a premises, then vacant
or which become vacant, is permitted until a license has been issued. Apartment units within an
unlicensed apartment building for which a license application has been made and which units are in
compliance with this chapter may be occupied provided that the unlicensed units within the apartment
building do not create a hazard to the health and safety of persons in occupied units.
(B) Rental Density for Detached Single-Family Rental Dwellings.
(1) In any R-1, R-2A, R-3, or R-4 zoning district, no more than ten percent of the single-family lots on
any block shall be eligible to obtain a rental license, unless a temporary license is granted by the
City Council as provided herein. Table 1 indicates how many single-family lots per block are able
to be licensed as a rental property based on the number of lots that exist in a block.
TABLE 1
Lots/Block Rental Units Allowed
1-14 1
15-24 2
25-34 3
35-44 4
45-54 5
55-64 6
65-74 7
75-84 8
85-94 9
(2) The following guidelines shall apply to determine eligible blocks and lots:
(a) For the purposes of this section, a BLOCK shall be defined as an area of land enclosed
within the perimeter of streets, watercourses, public parks, municipally owned lots, and
City boundaries and further defined by an official map maintained by the City.
(b) This section shall apply to legally conforming lots of record and legally nonconforming lots
of record. For the purposes of this section, lots of record may also be referred to as
PROPERTIES, PROPERTY, or LOTS.
73
Item 5.
(c) If a block contains more than one type of zoning district, only R-1, R-2A, R-3, and R-4
zoning district lots shall be included in the calculation of the total number of lots per block.
(d) Two-family residential, townhome/twinhome residential, multiple family residential,
commercial, public, institutional, and industrial uses located in an R-1, R-2A, R-3, or R-4
zoning district shall not be included in the calculation of the total number of lots per block.
(3) If the number of rental properties meets or exceeds the permitted number of rental properties
per defined block on the effective date of the ordinance from which this section is derived, no
additional rental licenses shall be approved for the block, unless a temporary license is granted
by the City Council as provided herein. Existing rental licenses may be renewed; however, should
a rental license not be renewed, terminated due to the sale of a property by the current license
holder, transfer of property ownership occurs, or if the rental license is revoked or lapses, the
rental license shall not be reinstated unless it is in conformance with this section and other
applicable sections of the City Code.
(4) If the number of rental properties meets or exceeds the permitted number of rental properties
per defined block on the effective date of the ordinance from which this section is derived, a
property owner may request a temporary license to allow an additional rental property for that
block. The property owner must hire a licensed professional property management company to
manage the property. The City Council may grant or deny a temporary license in its sole discretion.
Persons requesting a temporary license must make an annual application to the City. No property
owner shall hold a temporary rental license for the same property for more than two consecutive
years.
(C) Exception. Owner occupied Single-family home occupancies.
(Ord. 1532, passed 11-26-07; Ord. XXXX, passed XX-XX-XX)
Section 2
This ordinance shall be in full force and effective from and after 30 days after its passage.
First Reading:
Offered by:
Seconded by:
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
______________________________________
Amáda Márquez Simula, Mayor
74
Item 5.
Attest:
___________________________________
Sara Ion, City Clerk/Council Secretary
75
Item 5.
Single-Family Rental Dwellings
Date Created: February 28, 2022
Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data.76
Item 5.
77
Item 5.
SULLIVAN LAKE(SANDY LAKE)
CLOVER POND
HIGHLAND LAKE
SECONDARY
SILVER
HART
LABELLE
JACKSON POND
POND
POND
LAKE
LAKE
ZUREKPOND
4700
3920
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800
530
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UNITS:1-33&101-151
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533
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716
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UNITS:101 - 124,201 - 224,301 - 324
UNITS:101 - 125,201 - 225,301 - 325
UNITS:101 - 120,201 - 220,301 - 320
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UNITS:101-103&201-203
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UNITS:101 - 103&201 - 204
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GARAGES:1-10
UNITS:101-106&201-206UNITS:101-103&201-202
UNITS:101-106&201-204
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Project Path: Q:\GIS\GISDATA\PLANNING\PROJECTS\ZONING 36x58.MXD
Map Update Date: October 2015
Z O N I N G M A P
City ofC O L U M B I A H E I G H T SC O M M U N I T Y D E V E L O P M E N T
68.34
L E G E N D
Commercial:
Public:
Industrial:
2364.34 100.00%
Non-City Land:
TOTALS:
Zoning Designations:
Mixed:
Acres:% of Total:Residential:
363.06 15.36%R-1 - Single Family Residential District
629.94 26.64%
69.35 2.93%
157.15 6.65%
22.0 0.93%
R-2A - One and Two Family Residential District
R-2B - Built as Duplexes
R-3 - Multiple Family Residential District
R-4 - Multiple Family Residential District
24.7 1.04%
25.39 1.07%
90.42 3.82%
LB - Limited Business District
CBD - Central Business District
GB - General Business District
57.34 2.43%
9.7 0.41%
I - Industrial District
I-2 - Industrial District
168.54 7.13%
503.21 21.28%
PO - Public and Open Space
Right-of-Way
145.05 6.13%City of Hilltop and Mpls Water Works
30.15 1.28%MXD - Mixed Use D istrict
Water Features
Revision Date: 1/30/1991
Revision Date: 2/2001 - Engineering Department Review
Ordinance Date: August 12, 1974
Revision Date: 3/2001 - New Parcel Coverage
Revision Date: 2/2003 - Community Development Department Review
Disclaimer:
The Zoning Designations found on this map are a graphical representationof the contents of the City of Columbia Heights Zoning Ordinance. Thisedition of this map is designed for the purposes of editing and correction.All questions concerning the Zoning Map should be directed to theCommunity Development Department.
Sources:City of Columbia Heights -Community Development DepartmentEngineering Department(G.I.S. Division)
Revision Date: 3/2000 - Community Development Department Review
Revision Date: 10/2015 - Community Development Department Review
Map Compilation Date: March 3, 1998·0 1,400 2,800700
Feet
0 0.2 0.40.1
Miles
1 inch = 300 feet1:3,600RF:
2.89%
78
Item 5.
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2005-1204
DATE: November 23, 2005
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
REQUEST: Zoning Amendment to the Zoning Code as it relates to the
R-2, One and Two Family Residential District
PREPARED BY: Jeff Sargent, City Planner
BACKGROUND: Due to recent events related to the construction of new duplexes in
neighborhoods primarily comprised of single-family homes, the City Council and
Planning Commission directed staff to review the zoning regulations governing
duplexes. Specifically, the City Council and Planning Commission have expressed
concerns over duplexes located in predominately single-family neighborhoods and the
scale or size of duplexes being constructed compared to the character of the
surrounding neighborhood.
Patrick Smith, a former Columbia Heights City Planner, did some research regarding
duplexes within the city limits and addressed his conclusions in a memo submitted to
the City Council on May 17, 2005. The memo stated that based on rental licenses,
there are approximately 354 duplexes located in the City of Columbia Heights. Staff
also compared Columbia Heights to 12 similarly developed cities, and concluded that
Columbia Heights has the highest percentage of dwelling units that are duplexes, at
6.7%. This is well over the average of 2.3% for the other 12 cities. It was also
discovered that Columbia Heights has the second smallest minimum lot size
requirement for duplexes at 8,400 square feet, compared to the average lot size for
duplexes in the other cities at 12,130 square feet.
With this information, it can be interpreted that the City of Columbia Heights has an
over-abundance of duplexes, on fairly small pieces of property. When duplexes are
constructed on smaller lots, it causes a crowding effect, especially when they are
located adjacent to single-family residences. In order to help appease this problem,
Staff has recommended that the ordinance be amended establishing a new zoning
district specifically for duplex uses.
79
Item 5.
City of Columbia Heights Planning Commission November 23, 2005
Text Amendment R-2 District Case # 2005-1204
Page 2
ANALYSIS: The formation of a new zoning district, along with the text amendment
requiring a larger minimum lot size for duplexes and twin homes will cause some non -
conformity. The existing duplexes will be affected in one of two ways. All current
duplexes will be zoned to the R-2B zoning District, which would require a minimum lot
size of 5,100 square feet for those duplexes and twin homes constructed prior to
January 1, 2005 and 12,000 square feet for those duplexes and twin homes constructed
after January 1, 2005. The only duplexes or twin homes that would become legally non -
conforming would be those duplexes and twin homes constructed prior to January 1,
2005 that had a lot size of less than 5,100 square feet.
All proposed duplexes and twinhomes would be allowed in either the R -2A or R-2B
Districts through a Conditional Use Permit. Any newly constructed duplex must be
located on a property of at least 12,000 square feet.
CONSISTENCY WITH COMPREHENSIVE PLAN: There are two pertinent housing
goals stated in the City’s Comprehensive Plan regarding duplexes and single -family
neighborhoods. First, the City will “provide a variety of life -cycle housing opportunities
within the community”. Second, the City will “promote and preserve the single-family
housing stock as the community’s strongest asset”. An implementation strategy for the
second goal is that the City will identify non-conforming uses within residential districts
and take actions to bring them into compliance.
NON-CONFORMING USES: Non-conforming uses may continue indefinitely unless the
nonconformity or occupancy is discontinued for a period of more than one year, or the
nonconforming use is destroyed by fire or other peril to the exten t of greater than 50%
of its market value, and no building permit has been applied for within 180 days of when
the property is damaged. In addition, current regulations do not allow non -conforming
uses, including duplexes, to expand.
FINDINGS OF FACT: The City Council shall make each of the following findings before
granting approval of a request to amend the City Code. They are as follows:
a) The amendment is consistent with the comprehensive plan.
There are two pertinent housing goals stated in the City’s Comprehensive Plan
regarding duplexes and single-family neighborhoods. First, the City will “provide
a variety of life-cycle housing opportunities within the community”. Second, the
City will “promote and preserve the single-family housing stock as the
community’s strongest asset”. These proposed amendments would be
consistent with the Comprehensive Plan.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
80
Item 5.
City of Columbia Heights Planning Commission November 23, 2005
Text Amendment R-2 District Case # 2005-1204
Page 3
The City of Columbia Heights is proposing these City Code amendments
because staff feels that they are beneficial to the community. City staff has
received numerous complaints and questions regarding duplexes and twin
homes, which the City hopes these Code amendments would help alleviate.
c) Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible
with the proposed zoning classification.
The properties that will be rezoned will be rezoned to a zoning classification
specific to the properties in question. Therefore, the existing use of the
properties and the zoning classifications of property within the general area of the
property in question would be compatible.
d) Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place si nce
such property was placed in its current zoning classification
The trend in this case has been to construct duplexes and twin homes in
predominantly single-family districts. The proposed amendments will help
protect the single-family housing stock by requiring new duplexes and twin
homes to obtain a Conditional Use Permit prior to construction.
RECOMMENDATION: Staff recommends rezoning originally constructed duplexes to
R-2B and the rest of R-2 to R-2A. Duplexes should be permitted in both R-2B and R-2A
as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet.
Minimum lot sizes for R-2B should be 5,100 square feet for lots existing on January 1,
2005, or 12,000 square feet for lots established after January 1, 2005.
Motion: The Planning Commission recommends that the City Council approve the text
amendments outline in the attached draft ordinance, and the rezoning of those
properties pertaining to the matter.
Attachments:
• Draft Ordinance
• Proposed Zoning Map
81
Item 5.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORKSESSION ITEMS
MEETING DATE 3/6/2023
ITEM: Discuss Special Services District for Central Avenue Snow Removal
DEPARTMENT: Community Development BY/DATE: Mitchell Forney, 2/28/23
CITY STRATEGY:
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
The issue of sidewalk snow removal by commercial property owners on Central Avenue has been considered
by multiple City Council’s. Over the years, the City has received multiple complaints regarding continuity of
snow removal along the corridor. The topic has been more present this year with the almost record amounts
of snow that we have received. Most complaints received during the past winter were related to several
businesses along Central Avenue that consistently violated the City's sidewalk snow removal ordinance by not
clearing the sidewalks abutting their property.
City Code requires property owners to clear all snow and ice from all City public sidewalks 24 hours after the
snow stops falling. If the snow is not removed by that time, the condition is considered a nuisance affecting
public peace and safety and the City can begin the abatement process. This is the process the City uses at this
time, however with limited staff resources and the timeline required for a typical abatement, prompt
enforcement and clearing of the sidewalks is difficult.
There are a few options for the City Council to consider when discussing sidewalk snow removal, especially as
it relates to the Central Avenue corridor. First, is to continue with the current process, as many property
owners do comply with the current ordinances.
Second, is to increase enforcement using the current ordinance language. There is a pr ovision within the
ordinance allowing the City Council to by resolution identify specific violations of the City Code as a public
nuisance in which immediate abatement should occur. This provision would streamline the notification
process in which property owners are notified and provided an opportunity to clear the sidewalk. With
current staffing levels to conduct inspections and enforcement this option is difficult . Staff would propose
working with the City Attorney to implement ordinance language or oth er City Council approvals necessary to
hire a contractor to conduct both the enforcement and sidewalk clearing activities. An example of this would
be: contractor sees a property out of compliance; takes a photo of the noncompliance sidewalk with the
property location identifiable in the photo; takes a photo of the property address; clears the sidewalk to bring
it into compliance; takes an after photo of the cleared sidewalk with identifying location information in the
photo; bills the City for the work; the city pays the bill and invoices the property owner for the contractor's bill
and administrative costs; if the property owner doesn't pay the invoice, the cost is assessed to the property.
82
Item 6.
City of Columbia Heights - Council Letter Page 2
This option is not perfect but it could improve and speed up the process. Issues to consider include: still
requires staff time to enforce, and manage the invoicing and assessing processes. Property owners may
complain to staff and City Council about the process, the cost, and that the work wasn't done to an acceptable
level.
A final option to consider is that of establishing a Special Service District. This would be a District that a
minimum of 25% of affected property owners would petition to have established. After the petition, the City
would hold a public hearing and adopt an ordinance to establish the district. Once established, the City would
contract with a vendor to clear the sidewalks along the entire corridor after each qualifying snow or ice event
and assess the costs of the work back to each of the benefitting commercial property owners. This could be a
cost effective option for property owners because the contractor would have one large length of sidewalk to
do instead of a single property here or there. This would provide for uniform snow removal f or the entire
corridor and ensure that the sidewalk is passable for all users. Issues that the City Council will want to consider
with this option are the fact that some commercial businesses likely clear the snow themselves so this would
be an added cost to them, single family residential properties along the route would receive the benefit of the
clearing but by Statute they are not allowed to be charged for the service as part of the Service District, there
could again be the complaint from property owners that the clearing isn't done to their standards, and this
option is only possible if at least 25% of the property owners (whose net tax capacity is also 25% or more of
the total for the District) request it or if enough owners veto the action.
Staff would like to seek feedback form the Council regarding this matter and prepare a plan for
implementation if the Council directs staff to take action.
ATTACHMENT(S):
MN House Research Report on City Special Services Districts
Exempt Properties Map
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Item 6.
INFORMATION BRIEF
Research Department
Minnesota House of Representatives
600 State Office Building
St. Paul, MN 55155
Andrew Biggerstaff, Legislative Analyst
andrew.biggerstaff@house.mn
Deborah A. Dyson, Legislative Analyst
deborah.dyson@house.mn Updated: October 2014
City Special Service Districts
One way for a city to provide an increased level of service or infrastructure to its
commercial or industrial areas is to create “special service districts.” 1 Special
service districts (SSDs) are established at the request of the persons who will pay
for the increased level of service. Since the early 1980s, individual cities have
been authorized to set up these districts. Since 1996, cities have had general law
authority to create SSDs. This information brief describes the history of the law
authorizing special service districts, the requirements of the law, and provides a
few examples of the use of SSDs.
What are special service districts?
A special service district is “a defined area within the city where special services are rendered
and the costs of the special services are paid from revenues collected from service charges
imposed within that area.”2 An SSD may be established anywhere in a city but only business
property (i.e., commercial, industrial, utility, or land zoned for commercial or industrial use) will
be subject to the service charge. SSDs are commonly used in areas with a concentration of retail
stores.
1 Towns and counties may also do this by establishing “subordinate service districts” under Minnesota Statutes,
chapters 365A and 375B. While very similar to city special service districts, subordinate service districts are not
discussed in this information brief. See the House Research publication, Subordinate Service Districts, January
2014.
2 Minn. Stat. § 428A.01, subd. 4.
Copies of this publication may be obtained by calling 651-296-6753. This document can be made available in
alternative formats for people with disabilities by calling 651-296-6753 or the Minnesota State Relay Service at
711 or 1-800-627-3529 (TTY). Many House Research Department publications are also available on the
Internet at: www.house.mn/hrd/. 84
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City Special Service Districts Page 2
In 1983, Bloomington became the first city authorized to establish an SSD.3 Bloomington’s
special law became the basis for later special laws and then the general law. In 1988, the
elements of the special laws were codified as Minnesota Statutes, chapter 428A. However, a city
still needed special legislation to authorize it to use chapter 428A. In all, 26 cities have been
authorized to establish SSDs by special legislation, and in some cases, more than once. Not all
cities authorized to establish SSDs have done so.
In 1996, the statute was amended to permit any statutory or home rule charter city to establish an
SSD by ordinance, without requiring special legislation. This authority originally expired in
2001, but has been extended several times, most recently to 2028. After June 30, 2028, cities will
need special legislation to establish SSDs.4
What kinds of services may be provided in an SSD?
The city ordinance establishing the SSD specifies what services may be provided. In general, the
services are those:
•not ordinarily provided throughout the city from general fund revenues of the city, or
•provided at an increased level than for the rest of the city.5
Special services authorized in some city ordinances have included street and sidewalk cleaning,
snow and ice removal, lighting, signage, parking, parking enforcement, marketing and
promotion, landscaping, and security. They may also include capital improvements authorized
in the special assessment statute.
How is an SSD established?
An SSD may be established only if a petition by a certain percentage of potentially affected
property owners is filed and the city adopts an ordinance to establish it.
Petition. An SSD may be established by petition by the owners of 25 percent or more of the land
area that would be subject to the charges and either (i) owners of 25 percent or more of the net
tax capacity of property that would be subject to the charges, or (ii) owners, individuals, and
business organizations that would be subject to 25 percent or more of a proposed charge.6
Ordinance. If a petition is filed, the city may prepare an ordinance that describes the specific
area and lists the services to be provided. The city must notify all business owners in the area
prior to the hearing, with information on the nature of the proposed services, an estimated cost of
3 Laws 1983, ch. 361, §§ 2 to 12.
4 Minn. Stat. § 428A.101.
5 Minn. Stat. §§ 428A.01, subd. 3; 428A.02, subd.1.
6 Minn. Stat. § 428A.08.
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City Special Service Districts Page 3
improvements, and the amount of the proposed service charges.7 The effective date must be at
least 45 days after the city adopts the ordinance.8 The city must hold a public hearing on the
proposed ordinance.9 An existing district may be enlarged following the notice and public
hearing requirements for establishing a new district.10
Objections. Potentially affected property owners may testify at the hearing. They may also
object in writing, and if the city agrees, the property may be excluded or the ordinance itself may
be delayed. If the city does not agree, the property owner has 30 days to appeal to district court,
which may affirm, modify, or cancel the city’s determination.11 The proposal can be effectively
vetoed if owners of 35 percent or more of the land area that would be subject to the charges or
owners, individuals, or business organizations subject to 35 percent or more of the charges file
an objection to establishing the district before its effective date.12
Advisory board. The city council may create an advisory board for each special service district
in the city to advise the governing body in connection with the construction, maintenance, and
operation of improvements, and the furnishing of special services in a district.13
How are the services financed?
Businesses in the district pay for the increased level of services through service charges.14 The
charges must be proportionate to the costs of the services and may be collected through the
property tax collection system or through other means if so provided by the ordinance. If the
service charge is based on net tax capacity, exempt property is exempt from the service charge.
Service charges are not included in calculating levies for purposes of any other law related to
levies. The fees may be used to pay off general obligation bonds issued by the city for the
capital improvements made in the service district under the ordinance. Bonds issued for service
district purposes do not require an election.15
How many cities have established SSDs, and how much money is collected?
Since 1996, each city with an SSD is required to submit the SSD ordinance to the Commissioner
of Revenue.16 However, the commissioner is not required to do anything with the ordinances
7 Minn. Stat. § 428A.02.
8 Minn. Stat. § 428A.09, subd. 1.
9 Minn. Stat. § 428A.03, subd. 1.
10 Minn. Stat. § 428A.04.
11 Minn. Stat. § 428A.02, subd. 5.
12 Minn. Stat. § 428A.09.
13 Minn. Stat. § 428A.07.
14 Minn. Stat. §§ 428A.02, subd. 3; 428A.05.
15 Minn. Stat. § 428A.06.
16 Minn. Stat. § 428A.02, subd. 1, added by Laws 1996, ch. 471, art. 8, § 5.
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City Special Service Districts Page 4
filed and there is no penalty for not filing. The data is not identified separately in any financial
report to the state. With no effective statewide reporting, it is difficult to know how many SSDs
have been established or how much money is collected for SSD purposes statewide. In addition,
due to the method of imposing the charges and the lack of effective reporting, these dollars are
not included in analyses of overall tax burdens.
The following is a list of some cities that have information about their SSDs on their websites.
•Crookston: 1991, to fund downtown storefront improvements; and 1997, to fund
citywide flood control
•Duluth: 1993, to fund enhanced services and programs, with the goal of improving the
safety, cleanliness, and economic vitality of the downtown waterfront
•Mankato: 1998, to provide and maintain free parking facilities for customers of
businesses in district
•Minneapolis: 18 districts as of 2014 (two are inactive), to provide decorative lighting,
banners, security, cleaning, snow and ice removal, and landscaping (varies by district)
•New Ulm: 1985, to provide free on-street and off-street parking
•Rochester: 2005, to fund marketing, physical enhancements, and promotion of special
events within the district
•Saint Louis Park: Six districts as of 2014, to provide general upkeep, snow removal,
landscaping, lighting, banners, and waste removal
For more information about special districts, visit the local government area of our website,
www.house.mn/hrd/.
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Item 6.
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Item 6.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE MARCH 6, 2023
ITEM: SACA Relocation and Deadline for City Owned Lot
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich – 3/2/23/
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
X Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Now that SACA has shifted focus to the acquisition of an existing industrial building, the City will have to make
plans for the vacant City owned lot that was going to be sold to SACA. In the short term, the exit of SACA
creates practical site planning issues for the affordable housing developer Reuter Wa lton, as their site plans
anticipated a seamless integration with the proposed SACA facility. Reuter Walton is in the process of updating
their plans to now accommodate a vacant lot that may not be developed for several years.
Staff would like to establish a deadline for the formal withdrawal of the offer to sell the lot to SACA and begin
the discussion on how to utilize the lot moving forward.
89
Item 7.
CITY COUNCIL MEETING
AGENDA SECTION WORK SESSION
MEETING DATE MARCH 6, 2023
ITEM: Youth Commission Membership Number and Appointment Process.
DEPARTMENT: Administration BY/DATE: Ben Sandell / March 1, 2023
CITY STRATEGY:
_ Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Staff would like Council to review the membership number and appointment process for the Youth
Commission.
§ 3.315 YOUTH COMMISSION.
(A) Establishment. A Youth Commission is hereby established to serve as an advisory body to the Columbia
Heights City Council, and other Boards and Commissions as appropriate, inspire and bring to light new ideas
from a youth perspective, create an educational environment for youth looking to expand their knowledge of
government and leadership functions, and provide experience-building opportunities for area youth seeking
increased community and local government engagement.
(1) The Youth Commission shall confer with and advise the Council, and other Boards and Commissions as
appropriate, on matters concerning youth within the city.
(2) The Commission shall execute its duties and authority in accordance with the Youth Commission by-
laws and in accordance with the statement of purpose.
(B) Membership. The Youth Commission shall be composed of no less than seven members and no more
than 20 members. Members must be within the age range of 14 -18 years old and residents of the City of
Columbia Heights. Youth Commission members serve two-year, staggered terms. Terms run from October 1 to
September 30. Youth Commission members are not subject to term limits as they are limited by age
requirements. Youth Commission members are allowed three absences per term. A staff member from the
Administration Department shall serve as a non-voting ex officio member of the Commission.
(Ord. 1671, passed 10-25-21)
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Item 8.
CITY COUNCIL MEETING
AGENDA SECTION WORK SESSION
MEETING DATE MARCH 6, 2023
ITEM: Board and Commission Interviews Scheduled for March 13 th and 14th.
DEPARTMENT: Administration BY/DATE: Sara Ion / March 1, 2023
CITY STRATEGY:
_ Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
The period for submissions for applications for Boards and Commissions concluded on February 28, 2023. We
have received ample applications to move forward with interviews and appointments.
STAFF RECOMMENDATION:
Per Council’s request interviews for Boards and Commissions have been scheduled for March 13th and 14th so
that appointments can be approved by resolution at the March 27th City Council Meeting.
Question 5 in the interview packet has been updated to read:
“ We Strive to have diverse Board and Commissions representative of our community. What unique qualities,
perspectives and life experiences would you bring to this position?”
91
Item 9.