The Minnesota Legislature recently approved the enactment of Chapter 342 of MN Statutes which provides for the regulation of adult use cannabis starting Aug. 1, 2023.
This legislation allows local units of government to adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business and the use of cannabis in public spaces.
The City of Eagan hosted a public hearing on Wednesday, August 2, 2023, at the City Council meeting regarding the consideration of a cannabis moratorium. Following a public hearing on Wednesday, August 2, 2023, the Council voted to enact a moratorium, halting the operation of cannabis business until January 1, 2025 so that the City can study zoning, regulation, and enforcement options.
- Zoning — Cannabis businesses will simply be another type of legal business, subject to the city’s general zoning regulations. Cities may not ban the operation of cannabis businesses but may choose which zoning districts will allow them. The city may choose which zoning districts will allow cannabis businesses; the city cannot ban those businesses. The city should therefore designate at least one zoning district allowing cannabis businesses.
- Regulation — The City may not license businesses, ban businesses, or ban use or possession. However, the city may adopt ordinances with reasonable restrictions on the time, place, and manner of the operation of a cannabis business. For example, the City may consider limiting the operation of the cannabis business within a certain distance from schools or daycares.
- Enforcement & Compliance — The enforcement of cannabis sales and use will be conducted by local law enforcement and the State Office of Cannabis Management.
USE OF CANNABIS IN PUBLIC PLACES
As of August 1, 2023, cannabis use is legal in private residences, on private property unless prohibited by the owner, or other premises licensed for on-site consumption.
Unless the City adopts an ordinance prohibiting it, use in public spaces such as parks, trails, and sidewalks is legal. The City may not ban the possession or transportation of legal quantities of cannabis.
Following evaluation by public safety and the city attorney’s office, the City Council will hold a public hearing (date to be determined) and consider a proposed ordinance to prohibit use in public spaces.
