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HomeMy WebLinkAbout07-13-2023 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA CITY HALL COUNCIL CHAMBERS THURSDAY, JULY 13,2023AT 7:00 A.M. 7:00a.m.I.Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05a.m.II.Council/StaffReports A.Mayor McComber B.CouncilmemberDougherty C.CouncilmemberJohnson D.Councilmember Liljegren E.Councilmember Runk F.Staff Chief of Police Assistant City Administrator/City Clerk 7:10a.m.III.Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues that are or are not part of the regular agenda (Please limit comments to 3 minutes in length). 7:10a.m.IV.Consent Agenda(Roll Call Vote) A.ApproveBills & Investments B.Approve City Council Minutes June 27, 2023(pg.3) C.Approve Resolution Accepting Donations for Night to Unite (pg.7) 7:10a.m.V.Public Hearings 7:1a.m.VI.OldBusiness A.City Hall Parking Lot Amendments Roundabout Update(pg.9) 7:35a.m.VII.NewBusiness A.Consideration of Hiring an AdditionalFull-Time Police Officer(pg.65) B.Marijuana/ Cannabis Update Policy Discussion(pg.67) 7:a.m.VIII.Other Council Items or Announcements :a.m.IX.Adjournment Page 1 of 80 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 80 Page 3 of 80 Page 4 of 80 Page 5 of 80 Page 6 of 80 Page 7 of 80 Page 8 of 80 Oak Park Heights Request for Council Action th Meeting Date July 13, 2023 Time Required: 5 Minutes Agenda Item Title: City Hall Parking Lot Amendments – ROUNDABOUT Update Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested: Discussion –Possible Approval of Project Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): An following up from the November 2022 approvals that authorized an RFB to be issued, the City did issue that RFB (Enclosed) with responses due on 7/7/23. One bid was received for $34,911.00. This project would be funded by the City Street Reconstruction Fund and which has a balance of $3,308,000. Staff would recommend moving forward with the Project as this would likely calm traffic in an out of the CIty Hall. Work would be completed this summer. Excerpt from Nov 2022 Council Action Sheet Page 9 of 80 Page 10 of 80 Page 11 of 80 Page 12 of 80 Page 13 of 80 Page 14 of 80 Page 15 of 80 Page 16 of 80 Page 17 of 80 Page 18 of 80 Page 19 of 80 Page 20 of 80 Page 21 of 80 Page 22 of 80 Page 23 of 80 Page 24 of 80 Page 25 of 80 Page 26 of 80 Page 27 of 80 Page 28 of 80 Page 29 of 80 Page 30 of 80 Page 31 of 80 Page 32 of 80 Page 33 of 80 Page 34 of 80 Page 35 of 80 Page 36 of 80 Page 37 of 80 Page 38 of 80 Page 39 of 80 Page 40 of 80 Page 41 of 80 Page 42 of 80 Page 43 of 80 Page 44 of 80 Page 45 of 80 Page 46 of 80 Page 47 of 80 Page 48 of 80 Page 49 of 80 Page 50 of 80 Page 51 of 80 Page 52 of 80 Page 53 of 80 Page 54 of 80 Page 55 of 80 Page 56 of 80 Page 57 of 80 Page 58 of 80 Page 59 of 80 Page 60 of 80 Page 61 of 80 Page 62 of 80 Page 63 of 80 THIS PAGE INTENTIONALLY LEFT BLANK Page 64 of 80 Oak Park Heights Request for Council Action th Meeting Date July 13 2023 Time Required:5 min Agenda Item Title: Consideration of hiring an additional full-time police officer(s) Agenda Placement New Business Originating Department/Requestor Chief of Police Steve Hansen Requester’s Signature Action Requested Approval of hiring an additional police officer now and for a pending retirement in January 2024 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Recently, the police department has been actively recruiting and attempting to fill a vacant police officer position this year with a challenging pool of available candidates. After updating our approach to recruiting we have a received a decent number of applications/candidates. We have completed 2 rounds of interviews, interviewing a number of candidiates and have narrowed the field of candidates to 3 for the next phase of backgrounds – basically being “background checks”. Knowing the effort, it takes for recruiting and associated expenses, it might make sense to move forward with not only hiring one officer for the current vacant position but to also look forward to replacing the pending retirement position (Sgt. Croft) now by hiring a second officer with our current candidate pool. Realistically, any officer this year will most likely not complete field training until after the start of 2024. Thus, we would have an “extra” officer for a very short term, but not yet available for solo patrol until about the time of the expected retirement in January. Salary costs will have minimal impact to the budget and the benefit of having less schedule disruptions by waiting to hire and train again will be most important for overall operations. I am requesting that the City Council consider approval to: Authorize Staff the capacity to secure at least one officer – selecting the top candidatefrom the above three (3). Grant the further option of hiring a replacement officer now for a pending retirement of a full- time officer in January/2024. Page 65 of 80 THIS PAGE INTENTIONALLY LEFT BLANK Page 66 of 80 Oak Park Heights Request for Council Action th Meeting Date July 13, 2023 Time Required: 5 Minutes Agenda Item Title: Marijuana / Cannabis Update – Policy Discussion Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested: Discussion – - Update Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In light of the recent legislativeactivitiesthis past Session, the Cty Attorney Kevin Sandstrom would like to update the Council on possible options related to marijuana and cannabis sales, possible short term moratoriums and planned State Office of Cannabis Management. Ihave affixed the LawSummary from the LMC for some background information Page 67 of 80 Article 1: Regulation of adult-use cannabis BUILDING CODES categories for cannabis businesses and hemp businesses and requirements and procedures for licensure and operations, and establishes legal limitations on the use, possession, and transfer of product. Chapter 53 (HF 3028/SF 3035*) is the omnibus jobs, economic development, labor, and industry appropriations • to require two updates to the State Building Code. Sub- • division (m) amends existing statute on window cleaning safety to require the Department of Labor and Indus- mean cannabis concentrate that is approved for sale try adopt rules, using the expedited rulemaking process, requiring window cleaning safety features that comply with a nationally recognized standard as part of the State derived cannabinoid. Building Code. Subdivision (n) adds a new requirement • Subd. for the Department of Labor and Industry to adopt rules - requiring adult-size changing facilities as part of the State - Building Code. Article 1, section 33 instructs the Depart- ment of Labor and Industry to use the expedited rulemak- not including medical cannabinoid products or lower- ing process to adopt rules that set forth adult-size changing potency hemp edibles. facilities to conform with the new requirement. • - May 25, 2023. (BB) tisement” to mean any written or oral statement, illus- tration, or depiction that is intended to promote sales of - bles, hemp-derived consumer products, or sales at a spe- Chapter 53 (HF 3028/SF 3035*) is the omnibus jobs, eco- nomic development, labor, and industry appropriations bill. a variety of media sources. Advertisement does not - • require that the State Building Code include a minimum number of electric vehicle ready spaces, electric vehicle mean a cannabinoid extracted from a cannabis plant capable spaces, and electric vehicle charging stations either - within or adjacent to new commercial and multifamily cal makeup that is changed after extraction to create structures that provide onsite parking facilities. Residential structures with fewer than four dwelling units are exempt by applying a catalyst other than heat or light, not to from this subdivision. (BB) include cannabis concentrate, cannabis products, hemp concentrate, lower-potency hemp edibles, or hemp- derived consumer products. CANNABIS • - nabinoid” to mean any of the chemical constituents of hemp or cannabis plants that are naturally occurring, including but not limited to tetrahydrocannabinol and Chapter 63 (HF 100*/SF 73) legalizes adult-use cannabis cannabidiol. in Minnesota, establishes a statewide regulatory framework • Subd. 12 including requirements for each type of license under this - chapter, establishes taxes on the regulated products, amends bis product, a hemp-derived consumer product, or a criminal penalties, expunges certain prior convictions lower-potency hemp edible. related to cannabis, and provides for temporary regulation • of hemp-derived edible cannabinoid products.- “cannabis business” to mean the following businesses (AH) Page 8 League of Minnesota Cities Page 68 of 80 - -nabinol, 25 milligrams of cannabidiol, 25 milligrams -contain more than a combined total of 0.5 milligrams combination business. • Subd. 18 - ment, products, and materials of any kind that are knowingly or intentionally used in manufacturing • Subd. cannabis products, ingesting or inhaling cannabis prod- cannabinoid that does not impair the central nervous of cannabis products. system or impair the human audio, visual, or men- • tal processes, including but not limited to cannabidiol “cannabis product” to mean cannabis concentrate, a product infused with cannabinoids including tetrahy-derived cannabinoid. drocannabinol and any other product containing can- • Article 1, section nabis concentrate. Cannabis product does not include - lower-potency hemp edibles, hemp-derived consumer ing the regulation of the production and sale of cannabis products, or hemp-derived topical products. • Subd. 31 hemp-derived consumer products. This section estab- lishes the powers, duties, and guiding principles for the that is intended to be eaten or consumed as a bever- - derived cannabinoid in combination with food ingre- dients, is not a drug, and is a product approved by the employees as needed. potency hemp edibles. • • Article 1, section 3 “hemp business” to mean a lower-potency hemp edible manufacturer or a lower-potency hemp edible retailer.Advisory Council consisting of numerous members, • including a representative from the League of Minne- sota Cities appointed by the League. The council is to mean a product intended for consumption that does - ness of state policy, review developments in the cannabis and contains or consists of hemp plant parts or con- and hemp industries, review developments in the study tains hemp concentrate. of certain cannabis and hemp products, take public testi- • - nabis Management. mean a product that contains hemp concentrate and is • Studies and reports. Article 1, section 4 creates Minn. intended for application externally and does not con- studies related to the cannabis industry, including the size • Subd. 46 and makeup of the illicit cannabis industry, the impact - of second-hand cannabis smoke, and the impact of can- nabis and cannabinoid products on the prevalence of that impairs the central nervous system or impairs the impaired driving. This section requires an initial report human audio, visual, or mental processes, including but not limited to any tetrahydrocannabinol. Jan. 15, 2025. This section also requires a report to the • Subd. Legislature on Jan. 15 annually regarding the industry and suggestions for legislative funding for social equity product intended to be eaten or consumed as a bever-grants, education and prevention programs, and training derived cannabinoid in combination with food ingre- 2023 Law Summaries Page 9 Page 69 of 80 •Statewide monitoring system. Article 1, section 5 ·Cultivate up to eight cannabis plants, of which four - tract with an outside vendor to establish a statewide mon-that it is in an enclosed, locked space that is not itoring system to track regulated products from seed or open to public view. immature plant to disposal or sale to a patient or customer. •- nabis. in places where smoking is prohibited under the Clean Indoor Air Act, and contains other prohibitions includ- potency hemp edibles, and hemp-derived consumer facilities, using in or operating a motor vehicle while under products for sale by rule. This section prohibits the - approval of certain products including those that are, This section contains 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. The use of a volatile solvent to extract cannabis •Article of hemp-derived products without an appropriate license - lished for violations of this section. the commissioner of the Department of Agriculture, to •LArticle 1, section establish requirements for the methods used to grow can- nabis plants and hemp plants. This section also requires the - - endorsement to ensure that edible products are manu- factured and handled in ways that are comparable to the - manufacture and handling of food products. •Establishment of environmental standards. Article - and disposal for cannabis businesses, energy use by can- nabis businesses, appropriate standards for the disposal of establish application fees and initial license and renewal solid waste related to the industry, and limitations on the fees for cannabis and hemp businesses to be paid to the odors produced by cannabis businesses. •Article 1, section 9 - -ferring licenses issued under this chapter and to require tions on the use, possession, and transportation of can-licenses to be renewed annually. nabis and cannabis products and establishes civil penalties •• Article 1, section 13 creates Minn. Stat. Article 1, section 13 creates Minn. Stat. for violations. This section allows a person of 21 years of age or older to:not prohibit the possession, transportation, or use of cannot prohibit the possession, transportation, or use of can-- ·Use, possess, or transport cannabis paraphernalia. ·Local units of government may not prohibit the estabLocal units of government may not prohibit the estab-- public place. lishment or operation of a cannabis business licensed lishment or operation of a cannabis business licensed ·under this chapter beyond the authorization under under this chapter beyond the authorization under person’s residence. ·Possess or transport eight grams or less of adult-use ••This section permits local units This section permits local units cannabis concentrate. of government to establish reasonable restrictions on ·Possess or transport edible products infused with a total the time, place, and manner of operations and directs of 800 milligrams or less of tetrahydrocannabinol. ·local units of government to establish a model ordi- amount that is legal for a person to possess in public.nance. Restrictions can prohibit operating a cannabis ·business within 1,000 feet of a school, or 500 feet of a Page 10League of Minnesota Cities Page 70 of 80 day care, residential treatment facility, or an attraction day care, residential treatment facility, or an attraction - within a public park that is regularly used by minors, within a public park that is regularly used by minors, tion criteria, an application scoring system, and prohibit full vertical integration unless a business is a microbusi- ••This section permits local units This section permits local units ness, mezzobusiness, or hemp business. of government to conduct studies on establishing reaof government to conduct studies on establishing rea--• sonable limitations on the time, place, and manner of sonable limitations on the time, place, and manner of the operation of cannabis businesses and permits local the operation of cannabis businesses and permits local cannabis businesses and records at reasonable hours. It governments to prohibit a cannabis business from governments to prohibit a cannabis business from opening until Jan. 1, 2025, if the local government is opening until Jan. 1, 2025, if the local government is take depositions, require the production of records, and conducting such a study, has authorized a study, or is conducting such a study, has authorized a study, or is considering adopting or amending allowed restrictions considering adopting or amending allowed restrictions to conduct inspections at any time and requires the on the operation of a cannabis business.on the operation of a cannabis business.- ••This section directs local units of govThis section directs local units of gov--tions that pose an imminent danger to customers or the - Cannabis Management and certify whether the appliCannabis Management and certify whether the appli--tize inspections based on complaints from local units of seek input on applications from local governments and seek input on applications from local governments and - permit the local governments to provide any informapermit the local governments to provide any informa--mits businesses to appeal those orders, and allows the for each violation. not meet local zoning and land use laws. This section not meet local zoning and land use laws. This section • Article 1, section -- plaint process for complaints made by local governplaint process for complaints made by local govern--revoke or not renew a license issued under this chap- - to certain reports within one business day.to certain reports within one business day.ness with notice and an opportunity for a hearing before ••This section allows a local governThis section allows a local govern--revoking or not renewing a license, permits the tempo- ment unit that issues cannabis retailer registration under ment unit that issues cannabis retailer registration under rary suspension of the license and operating privilege of any licensed business for up to 90 days if continued of licensed cannabis retailers, mezzobusinesses with a of licensed cannabis retailers, mezzobusinesses with a operation would threaten the health or safety of any retail operations endorsement, and microbusinesses with retail operations endorsement, and microbusinesses with a retail operations endorsement to no fewer than one a retail operations endorsement to no fewer than one registration for every 12,500 residents. If a county has registration for every 12,500 residents. If a county has intent to revoke or not renew the business’s license and one active registration for every 12,500 residents, a city one active registration for every 12,500 residents, a city the required hearing has not taken place. or town within the county is not obligated to regisor town within the county is not obligated to regis--•Article 1, ter any additional cannabis businesses. This section does ter any additional cannabis businesses. This section does not prohibit a local unit of government from allowing not prohibit a local unit of government from allowing microbusinesses with a retail operations endorsement, can- licensed retailers in excess of these minimums. nabis mezzobusinesses with a retail operations endorse- •Article ment, cannabis retailers, medical cannabis retailers, medical cannabis combination businesses, and medical cannabis combination businesses to register with the local unit of of cannabis licenses issued under this chapter. This section government where the business will be located. establishes minimum requirements for the information •Fees. The local unit of government is authorized to charge a registration fee of the lessor of $500 or up applicant, the ownership and control of the business, and to half the amount of the applicable initial license fee for the business, and a renewal retail registration fee of the lessor of $1,000 or up to half the amount of the copy of the application to the local unit of government in applicable renewal license fee for the business. The ini- which the business operates or intends to operate with a at the same time. Any renewal fee shall be charged at •-the time of the second renewal and each subsequent tions. annual renewal thereafter. -•A local unit of government ground checks of applicants and establishes a list of must issue a registration to a licensed business that complies with the requirements in this chapter and 342.16 to establish applicant requirements. Section 18 local zoning requirements. To receive a 2023 Law Summaries2023 Law SummariesPPage 11age 11 Page 71 of 80 · Products that detect the presence of fentanyl or a registration, a business must have a valid license issued fentanyl analog. • Subd. 4 requires cannabis retailers authorized in this section, and, if applicable, must be to verify the age of customers before selling products. current on all property taxes and assessments at the • Subd. 5 lim- location where the retail establishment is located. • This section directs the local 6 requires retailers to post certain notices related to unit of government to conduct compliance checks, - authorizes local governments to conduct a preliminary ence, and stating that consumption is only intended compliance check before registration, permits the local for individuals who are 21 years of age or older. unit of government to suspend the registration if there • Hours of operation. Subd. 7 prohibits retailers is a violation, and authorizes penalties in an amount from being open between 2 a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on Management is permitted to require reinstatement Sunday. This section authorizes a city to adopt an ordi- of the registration. nance to further prohibit sales between 9 p.m. and 2 • Cannabis businesses and hemp businesses general a.m. the next day, or between 8 a.m. and 10 a.m., Mon- operational requirements. Article 1, section 23 creates day through Saturdays. - • - nesses to meet certain requirements regarding the main- ments. Subd. 8 requires cannabis retailers to comply taining of records, documenting the disposal of products, sell only approved products, and maintain customer pri- regulations. Subd. 9 through subd. 11 detail certain security and video surveillance requirements, adequate general operation requirements for cannabis businesses, lighting requirements, and requirements to only accept including prohibitions on hiring a person under 21 years deliveries through limited access areas. of age and allowing a person under 21 years of age into • Prohibitions. Subd. 12 prohibits sales to a per- most parts of a cannabis business unless they are a patient - a cannabis business except as authorized for quality con- having restricted areas where cannabis is grown, manufac- • Article a security system or the statewide monitoring system is not working. Subd. 13 permits a cannabis retailer to sell medical cannabis from a portion of its premises. sales. The requirements of this section do not apply to • - the operations of a lower-potency hemp edible retailer. tions. • Sale of cannabis plants or products to establish the licensing and operational requirements to individuals under 21 years of age is prohibited. This for cannabis microbusinesses. This section limits micro- section authorizes cannabis retailers to sell only the businesses to only cultivating 5,000 square feet of plant following products: canopy at an indoor facility and up to one-half acre · of mature plants at an outdoor location. A cannabis · Adult-use cannabis products. microbusiness with a retail endorsement may operate · Lower-potency hemp edibles. one retail location and may also hold a cannabis event · Hemp-derived consumer products within the limits organizer license. A cannabis microbusiness may per- established by this chapter. mit onsite consumption of edible cannabis products and · Hemp-derived topical products. lower-potency hemp edibles on a portion of its premises. · Cannabis paraphernalia, including childproof storage This section establishes other requirements and limita- containers. tions of cannabis microbusinesses. · Certain drinks. • - · Books, videos, and magazines related to cannabis tions. cultivation and cannabis products. to establish the licensing and operational requirements · Multiple use bags. for cannabis mezzobusinesses. This section limits micro- · Certain clothing. businesses to only cultivating 15,000 square feet of · Other hemp products. Page 12 League of Minnesota Cities Page 72 of 80 plant canopy at an indoor facility and up to one acre of All delivery services must have multiple employees mature plants at an outdoor location. A cannabis mez-involved in the delivery so at least one employee remains zobusiness with a retail endorsement may operate three with the vehicle at all times. Nonemployees are prohib- retail locations, and may also hold a cannabis event orga-ited from being in the vehicle and all vehicles are subject nizer license and a medical cannabis retailer license. This to inspection at any time during deliveries. section establishes other requirements and limitations of • Article 1, sec- cannabis mezzobusinesses. • Article potency hemp edible retailer license authorizing the purchase and sale of certain hemp edibles. This section licensing and operational requirements for cannabis retail-requires retailers to verify the age of consumers, requires ers. This section authorizes cannabis retailers to purchase products to be stored behind a checkout counter, estab- lishes the requirements for the transportation of products, locations, and hold a cannabis delivery service license, requires the posting of certain notices, requires compliance medical cannabis retailer license, and cannabis event orga-with state and local building and zoning codes, and requires nizer licenses. This section prohibits a person, cooperative, retailers to verify product compliance with this chapter. A or business from owning or operating more than one can-lower-potency hemp edible retailer may sell other products nabis retail business in one city and three retail businesses or items, and may permit onsite consumption if the retailer in one county. A city or county may establish, own, and has an onsite consumption endorsement. operate a municipal cannabis store subject to the require- • Article 1, section 57 ments and restrictions in this chapter. • Article 1, sec- -products may be consumed, including allowing penalties nabis event organizer license authorizing a temporary cannabis event of up to four days. This section requires applicants for a cannabis event organizer license to pro- vide certain information regarding the planned event including a physical layout of the event, the dates and where smoking is prohibited under the Clean Indoor Air hours of planned operation, the businesses that will par-Act including any form of public transportation and in ticipate, and proof of local approval. any public place. • Cannabis event organizer operations. Article 1, sec-• Article event organizer to obtain local approval for a canna-various protections for patients enrolled in the medi- bis event, including obtaining any necessary permits cal registry program. This section prohibits an employer or licenses issued by a local unit of government. This from discriminating against a person in hiring, termina- section requires event security, limited access to indi- tion, or terms or conditions of employment based on a viduals who are at least 21 years old, proper cannabis person’s enrollment in the registry program or a person’s waste disposal, and compliance with transportation and positive drug test for cannabis, unless failure to do so sales requirements. Onsite consumption is permitted if would violate federal or state law, or cause an employer approved by the local unit of government. This section does not prohibit a statutory or home rule charter city federal law or regulations. from enacting and enforcing more stringent measures to • Article 1, section 62 creates Minn. protect individuals from secondhand smoke or involun- tary exposure to aerosol or vapor from electronic deliv- businesses to comply with testing requirements in this ery devices. • Article 1, section 41 cre- - service license authorizing the delivery of certain canna- edibles, or hemp-derived consumer products and estab- bis products to customers. This section establishes certain requirements for delivery service license holders. Section -procedures and standards governing testing, the contami- nants that must be tested for, potency and homogene- Cannabis Management to set limits of delivery amounts, ity, and cannabis and cannabis products that fail to meet require usage of the statewide monitoring system, and testing standards. Businesses are required to make samples require certain storage compartments. Identifying logos from each batch of product grown or manufactured by or business names are prohibited on a vehicle. the cannabis business available to a cannabis testing 2023 Law Summaries Page 13 Page 73 of 80 facility for testing. If a tested sample meets the applicable • HArticle 1, section testing standards, this section allows the tested batch to - -turing, marketing, distribution, and sale of hemp-derived nabis business, customers, or patients. If a tested sample topical products in which no license is required to sell. does not meet the applicable testing standards, this sec-This section limits the types of cannabinoids that hemp- tion requires the batch to be dealt with according to derived topical products may contain. procedures established by the board. Test results must • Article 1, section 72 creates Minn. available to the public upon request.with this chapter are lawful. • Article 1, section 63 creates Minn. • Article 1, section 74 creates Min. Stat. - ucts, lower-potency hemp edibles, and hemp-derived that is injurious to health or an obstruction to the free consumer products sold to customers or patients to use of property so as to interfere with the comfortable comply with the packaging requirements in this section enjoyment of life or property is a nuisance. This section and in rule. This section establishes requirements includ- ing the use of plain, child-resistant, tamper-evident con-under this section to bring an action for injunctive relief. tainers. This section permits certain beverages that do to be packaged in containers that are not child-resistant and establishes prohibitions on the use of packaging terms of a lease or policy document related to the use of designed to appeal to children or those under the age of 21. This section also prohibits the use of packaging that may bring an action against the landlord or association -seeking injunctive relief or a civil penalty of $500. ble products, prohibits the use of packaging that has not been approved for food. • Article 1, section 64 creates Minn. Article 2 of this chapter provides the tax structure for the -retail sale of taxable cannabis products. ucts, lower-potency hemp edibles, and hemp-derived • Article 2, section 3 cre- consumer products sold to customers or patients to ates Minn. Stat. 270C.726 to require the commissioner of comply with the labeling requirements in this section - label must contain, including information about the cultivator or manufacturer, batch number, and cannabi-its website. This section prohibits a listed businesses from making sales or deliveries of taxable cannabis products the phone number of the poison control system, requires while they are included on the list and imposes penalties -for violating this prohibition. noid products to contain information about the patient, • Class 3. and requires labels on hemp-derived topical products 273.13, subd. 24 to establish that real property used for to contain information relevant to those products. The raising, cultivating, processing, or storage of taxable can- nabis products, medical cannabis, or medical cannabis - tional warnings should be required and authorizes the property. • Article 2, sec- • Advertisement. Article 1, section 65 creates Minn. Stat. that real property used for raising, cultivating, processing, or storage of table cannabis products, medical cannabis, cannabis businesses, lower-potency hemp edibles, hemp or medical cannabis products for sale is treated as com- businesses, and hemp-derived consumer products. Out-mercial and industrial property for the purposes of the door advertisements are prohibited except for a hemp state general property tax levy. - business as long as it is not related to the manufacture or sale of lower-potency hemp edibles. Cannabis and hemp • Article 2, section 9 cre- the exterior of the building or property. This sec- Page 14 League of Minnesota Cities Page 74 of 80 • • Subd. 3 establishes that, beginning for “gross receipts” to mean the total amount received in aid payable in 2024, the amount available for aid to money or by barter or exchange for all taxable canna- cities under this section equals 50% of the amount bis product sales at retail as measured by the sales price. - This does not include any other taxes imposed directly tributed proportionally according to the number of on the customer or discounts. cannabis businesses located in the city as compared to • Subd. 1(r) the number of cannabis businesses in all cities as of the - - • Payment. Subd. 5 establishes that the commissioner uct, hemp-derived consumer product, lower-potency of Revenue must certify the amount to be paid to hemp edible, and any substantially similar item. each city on or before Sept. 1 of each year and the full • amount must be paid on Dec. 26 annually. to mean any retailer selling taxable cannabis product, Article 4: Criminal penalties including a cannabis retailer, microbusiness, mezzo- Article 4 establishes new crimes related to the possession, business, medical cannabis combination business, and sale, and cultivation of cannabis and cannabis products. Arti- lower-potency hemp edible retailer. • Subd. 2 imposes a • Article 4, sections gross receipts tax of 10%. The tax imposed under this 2 through 9 amend Chapter 152 regarding controlled section is in addition to any other tax imposed, includ- ing local sales taxes, on the sale or use of taxable can- nabis products. • Use tax imposed. Subd. 3 imposes an equivalent use cannabis product, hemp-derived consumer product, and tax for recreational cannabis that is bought in another lower-potency hemp edible. state but used in Minnesota. This section provides a • credit for taxes paid in the other jurisdiction. · • Exemptions. Subd. 4 exempts medical cannabis from 152.021, subd. 1 to eliminate the controlled sub- the gross receipts tax, as well as exempts from the gross receipts use tax recreational cannabis brought into of marijuana. Minnesota if the products have an aggregate cost of · $100 or less each month. 152.022, subd. 1 to eliminate the controlled sub- • Deposit of revenues. Subd. 10 requires that 80% of the gross receipts tax revenue be deposited into the sale of marijuana. general fund and 20% of the gross receipts tax rev- · enue is deposited to the local government cannabis aid 152.023, subd. 1 to eliminate the controlled sub- account established in the special revenue fund. • Article 2, section 10 sale of marijuana. creates Minn. Stat. 295.82 to prohibit local governments · from imposing a local sales tax solely on taxable cannabis 152.024, subd. 1 to eliminate the controlled sub- products. • Sales to government. Article, 2, section 15 amends sale of marijuana in a school zone, park zone, public - housing zone, or a drug treatment center. chase by a government entity of taxable cannabis prod- · 152.025, subd. 1 to eliminate the controlled sub- • Article 2, section 28 creates Minn. Stat. 477A.31 to establish local govern- sale of marijuana. ment cannabis aid. • • Subd. 2 requires the commissioner of · Management and Budget to certify to the commis- sioner of Revenue the balance of the local govern- ment cannabis aid account annually beginning July person possesses more than 50 kilograms of can- certify to the commissioner of Revenue the number of cannabis businesses licensed under Chapter 342, concentrate, or cannabinoid products infused with disaggregated by county and city annually beginning more than 1 kilogram of tetrahydrocannabinol, and June 1, 2024. 2023 Law Summaries Page 15 Page 75 of 80 • Driving while impaired. Article 4, section 28 amends marijuana plants. · or THC derived products from either cannabis or hemp 152.022, subd. 2 to provide that a person commits remains a violation of law regarding driving while impaired. • Article 4, section 29 amends Minn. related to marijuana if the person possesses more a school bus or Head Start bus with any amount of can- kilograms of cannabis concentrate, or cannabinoid products infused with more than 500 grams of tetra- or THC in the person’s system. hydrocannabinol. · • Article 4, section 30 creates Minn. 152.023, subd. 2 to provide that a person commits - related to the possession of marijuana if the person noid and possession of an open package containing any of those by a driver or passenger in a motor vehicle. This more than two kilograms of cannabis concentrate, or cannabinoid products infused with more than 200 section establishes liability for the owner of motor vehi- cles. This section establishes exceptions for transporting grams of tetrahydrocannabinol. · an open package in the trunk of a vehicle or a similar area that is not accessible to the driver, and for limou- 152.025, subd. 2 to eliminate the controlled sub- -sines, certain buses, and certain vehicles operated by pedaling. session of marijuana, cannabis, or cannabis products. • Article 4, section 19 • Article, section 31 amends Minn. - meanor, misdemeanor, gross misdemeanor, and felony certain tests to detect substances while operating a vehi- cle to add cannabis, cannabis products, hemp products, or crimes for possessing cannabis and cannabis products in excess of the amounts that are legal under this chap-THC derived from either cannabis or hemp. • Requirement of urine or blood test. Article 4, sec- ter. This section authorizes a local unit of government to establish ordinances prohibiting the use of cannabis tion 32 amends Minn. Stat. 169A.51, subd. 4 regarding blood or urine test requirements related to operating a or hemp-derived consumer products in public places vehicle while impaired to add cannabis, cannabis prod- ucts, hemp products, or THC derived from either provided the ordinance establishes only a petty misde- meanor penalty.cannabis or hemp. • Article 4, section 39 • Article 4, section 20 creates - nal vehicular homicide to include cannabis, cannabis misdemeanor, gross misdemeanor, and felony crimes for the sale of regulated products without a license. This sec-products, hemp products, or THC derived from either cannabis or hemp. • Bodily harm. Article, 4, sections 40 through 42 amends minor, or sale in a school zone, park zone, public hous- - ing zone, or drug treatment facility. This section estab- tion resulting in bodily harm to include cannabis, can- nabis products, hemp products, or THC derived from the sale by a minor. either cannabis or hemp. • Article 4, section 21 creates • Article 4, sec- and felony crimes for cultivating cannabis without a criminal vehicular operation resulting in death or injury license and in excess of the amounts that would be legal to an unborn child to include cannabis, cannabis prod- under this chapter. ucts, hemp products, or THC derived from either can- • Article 4, nabis or hemp. • Article 4, sections 45 through hemp-derived consumer product, and lower- regarding controlled substances related to property sub- potency hemp edible. ject to administrative forfeiture, and Minn. Page 16 League of Minnesota Cities Page 76 of 80 • • Article 4, sec- -- tions in statute regarding workplace drug and alcohol ing the prohibition for a person to carry a pistol in public under certain circumstances to include when the person is testing to make conforming changes. • products, or THC derived from either cannabis or hemp. to include a cannabis test. • Article 4, section 49 creates a DWI controlled substance roadside testing • - ing instruments to determine the presence of a con- drug and alcohol testing. trolled or intoxicating substance in individuals stopped or arrested for driving while impaired. The pilot project • - must occur from Sept. 1, 2023, to Aug. 31, 2024, and a report must be made to the Legislature by Feb. 1, 2025. ysis of a body component sample according to stan- for the purpose of measuring the presence or absence Article 6: Miscellaneous provisions Article 6 provides miscellaneous provisions including hemp edibles, hemp-derived consumer products, or cannabis metabolites. requiring education programs on cannabis use, provisions regarding workplace testing for cannabis, and provisions • related to liquor law. screening test.” • • Food. subd. 4 by adding cannabis products and lower-potency position” in which an impairment caused by usage of “food.”certain substances would threaten the health or safety of any person. • Article • Random testing. Article 6, section 33 amends Minn. commissioner of the Department of Education to iden- tify model programs to educate middle and high school or require cannabis testing for employees employed in safety-sensitive positions. substance use, and requires schools to implement and • Article 6, section 34 - education program on cannabis use and substance use beginning in the 2026-2027 school year. ers to request or require cannabis testing if the employer has a reasonable suspicion that the employee is under the • Article 6, sec- - prohibiting the use, possession, sale, or transfer of drugs missioner of the Department of Health to collect data and report on the prevalence of the use of cannabis and or alcohol, has sustained a personal injury or caused another employee to sustain an injury, or has caused a cannabis products and requiring a public report at least every two years beginning Jan. 1, 2025.work-related accident. • Article 6, section 35 • Article 6, section 9 - ers to require or request cannabis testing if the employee of the Department of Health to conduct an education -has been referred by the employer for substance use disorder treatment or evaluation, or is participating in a bis or cannabis products by persons under 21 and to con- duct an education program to educate pregnant women, substance use disorder treatment program. • Article 6, section 36 breastfeeding women, and women who may become -- hibit cannabis testing of job applicants or using canna- sure or exposure by infants and children to cannabis and cannabis products. This section requires the commissioner bis test results to make hiring decisions unless otherwise required by the state or federal law. This section prohibits to provide training to home visiting programs regarding safe and unsafe uses of cannabis and cannabis products in testing on an arbitrary or capricious basis. • Article 6, section 37 homes with infants and young children. 2023 Law Summaries Page 17 Page 77 of 80 provide exceptions to the limitations on cannabis testing. • This section provides that cannabis and its metabolites prohibited. are subject to the drug and alcohol testing provisions in 340A.4022 to prohibit 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. • Article 6, section 52 amends - care, training, education, supervision, counseling, con-sive liquor stores to sell lower-potency hemp edibles and sultation, or medical assistance to children, vulnerable products that detect the presence of fentanyl or fentanyl analog. • Article 6, any other position for which state or federal law requires testing for cannabis. 2a to allow a tobacco license to be suspended or revoked • Article 6, section 38 amends Minn. if the licensee has a registration or licensed under Ch. - create and enforce written policies prohibiting cannabis use, possession, sale, transfer, or impairment at work or 7, or has been convicted under any other statute for the on work property. - • Reliability and fairness safeguards. Article 6, section ucts, lower-potency hemp edibles, hemp-derived con- sumer products, or edible cannabinoid products and the testing standards and protections under the workplace sale took place on the premises of a business that sells drug and alcohol statute apply if an employer requests or tobacco. This section requires notice and an opportunity requires an employee to undergo cannabis testing. This for a hearing before suspension or revocation. section adds subd. 10a to authorize discipline, discharge, • Article 6, section 55 amends or other adverse personnel action by an employer for - a cannabis violation at work or on work property, and lord cannot prohibit a tenant from legally possessing or outlines circumstances in which this applies.using, and a tenant cannot waive the right to legally pos- • sess or use, any cannabinoid products or hemp-derived Article 6, section 40 amends Minn. Stat. 181.954 to consumer products other than those consumed through -smoking, vaping, or a similar manner. ity, and privilege provisions in the workplace drug and • Article 6, section 71 creates alcohol statute apply to cannabis testing. • Article 6, section 41 amends Minn. Stat. 181.955 to on the person’s status as a patient in the medical cannabis allow for consistent cannabis testing policies in collective registry program, or on the basis that the person is 21 years bargaining agreements that meet or exceed employee of age or older and uses adult-use cannabis products. This protections for workplace testing provisions. section prohibits state and local agencies from accessing • Article 6, certain information or requesting certain information if the -purpose is to prohibit a person in the registry program from ing federal preemption of state drug testing law to add cannabis testing. • Article 6, section 50 Article 7: Temporary regulation of certain products This article directs the Department of Health to tempo- rarily regulate products containing hemp-derived canna- issued to a person who has had a license or registration binoids, including products that contain CBD and edible products that contain up to 5 milligrams of THC per serv- • Article 7, other statute for the illegal sale of marijuana, cannabis hemp-derived consumer products, or edible cannabinoid from hemp, testing and labeling requirements, and addi- products and the sale took place on the premises of a tional requirements for edible cannabinoid products. business that sells intoxicating liquor or 3.2% malt liquor. • - Page 18 League of Minnesota Cities Page 78 of 80 distributor,” and “synthetic cannabinoid.”• Subd. 7 estab- • Subd. 2 makes a conforming change to clarify lishes gross misdemeanor penalties for certain sales that the commissioner of the Department of Health of edible cannabinoid products, including the know- will have regulatory authority over products ing sale of noncompliant products or sales to a person under this section. under the age of 21. • Subd. • Article 7, section 3 amends 3 expands upon current law regarding the sale of non-- intoxicating cannabinoids to establish that a product sive liquor stores to sell edible cannabinoid products as containing nonintoxicating cannabinoids, other than edible cannabinoid products, may only be sold if it that detect the presence of fentanyl or fentanyl analog. is intended for application externally to a part of the • Article body. This section authorizes products to be sold for 7, section 5 provides that the Board of Pharmacy shall onsite consumption if the retailer also holds an on-transfer all data on active and inactive complaints involv- sale licensed issued under Ch. 340A, the products are served in original packaging, products are not sold to Department of Health. The Department of Health shall a customer who is visibly intoxicated, and products are not permitted to be mixed with an alcoholic beverage. once established. If products have been removed from packaging, they may not be removed from the premises. Article 8: Scheduling of marijuana • Subd. 4 requires manufactur- ers seeking testing for hemp-derived cannabinoids and removing marijuana and tetrahydrocannabinols from the products to disclose any foreign substances, including list of Schedule I substances. Article 8, section 2 amends pesticides, applied to the product. This section per-- mits the commissioner of the Department of Health rahydrocannabinols to the list of Schedule III substances. to determine that a testing laboratory does not meet minimum requirements. • Labeling requirements. Subd. 5 adds “batch num-Article 9: Appropriations ber” to the information a label must contain. Article 9 appropriates money to pay for establishing the reg- • ulatory structure for adult-use cannabis and other costs that Subd. 5a eliminates the provision autho- will be incurred before the legal sale of adult-use cannabis: rizing a trace amount of any tetrahydrocannabinol for • $10 million is appropriated in the FY ending June 30, beverages and restricts beverages from containing more 2025, to local and tribal health departments for grants than two servings per container. This section requires indications of serving size to appear on an edible can- • $10 million is appropriated in the FY ending June 30, nabinoid product and limits the cannabinoids an edible 2024, and $5 million is appropriated in the FY end- cannabinoid product can contain to delta-8 THC and drug recognition evaluator training and drug recognition derived cannabinoids and synthetic cannabinoids. This section requires that products, other than products for the roadside testing pilot project. intended to be consumed as a beverage, be displayed behind a checkout counter or in a locked case. • . Subd. 5b requires CIVIL AND CRIMINAL LAW businesses selling edible cannabinoid products to reg- ister with the commissioner of the Department of Health by Oct. 1, 2023. This section requires that the provided Chapter 8 (HF 29/SF 33*) is a 2023 session law. It provides requirements of this section and all other applicable $269,000 in FY 2023 for enhanced enforcement and related state and local laws and ordinances. initiatives. The base for this appropriation in FY 2024 and • Subd. 5c requires businesses to ver- (AF) ify the age of a customer before selling edible cannabi- Opioid settling defendants list expanded Chapter 50 (HF 1403*/SF 2818) is a human services bill • Subd. 6 establishes that pertaining to aging, disability, behavior health, substance products sold or held for sale in this state are use disorder, and statewide opioid litigation. Article 4, considered noncompliant products when they fail to meet certain health and safety requirements. 2023 Law Summaries Page 19 Page 79 of 80 THIS PAGE INTENTIONALLY LEFT BLANK Page 80 of 80