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The original item was published from 11/7/2023 11:40:00 AM to 11/21/2023 7:05:00 PM.

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Ordinances: Proposed Changes

Posted on: November 7, 2023

[ARCHIVED] ORD 23-2532 Interim Moratorium on Cannabis/Hemp Businesses

The City of Blaine does ordain: (Added portions are underscored and deleted portions are shown in overstrike.)

Section 1.The purpose of this interim ordinance is to authorize studies to be conducted, protect the planning process, and protect the health, safety, and welfare of the City on the following basis and for the following reasons: 

(1)  The State of Minnesota passed the new regulation of Adult Use Cannabis Law, Chapter 63 of Minnesota Session Law – 2023, Regular Session (Statutes Chapter 342), much of which became effective as of August 1, 2023. 
(2)  The State of Minnesota’s new cannabis law established the Office of Cannabis Management tasked with issuing licenses for and regulating the operation of various types of cannabis businesses and hemp businesses. 
(3)  Statutes Chapter 342 does not include a specific date for the Office of Cannabis Management to begin issuing licenses to cannabis businesses and hemp businesses. 

Section 2.  The regulation of Adult-Use Cannabis Legislation took effect on August 1, 2023 and empowers municipalities to adopt an interim ordinance prohibiting the operation of a cannabis business within its jurisdiction. This ordinance is adopted to provide for adequate time for study, analysis, and finalization of City Code amendments regarding time, place, and manner of the operation of a cannabis business within the City.

Section 3.  Pursuant to Minnesota Statutes, Section 342.13(e), on August 9, 2023, the City Council held a public hearing, after notice duly published as required by law, and the views of all interested persons with respect therefore presented at the hearing having been considered.

Section 4.  Pursuant to Minnesota Statutes, Section 342.13(e) and 462.355 Subd. 4, an interim ordinance is hereby adopted authorizing the City to conduct studies regarding the impacts of cannabis businesses and hemp businesses to determine whether and what revisions to the City Code or other regulations on the time, place, and manner of cannabis business operations and hemp business operations are warranted for the purpose of protecting the planning process and the health, safety, and welfare of the residents and businesses of Blaine.

Section 5.  Pursuant to Minnesota Statutes, Section 342.13 (e), the operation of any cannabis businesses in the City of Blaine is prohibited by this interim ordinance from and after its passage and publication according to law and continuing until January 1, 2025.

Section 6.Pursuant to Minnesota Statutes, Section 462.355, subdivision 4, the operation of any hemp businesses in the City are prohibited by this interim ordinance from and after its passage and publication according to law and continuing for a period of twelve (12) months from the effective date of this ordinance or to the longest period permitted by law.

Section 7.  Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution.  Each day that a violation occurs shall be considered a separate offense. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction.

Section 8.This interim ordinance shall be in full force and effect from and after its passage and publication according to law.

INTRODUCED and read in full this 6th day of November, 2023.

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