(a)

Purpose. The purpose of this section is to protect the public health, safety, and welfare of the towns residents, and to promote the community's interest in reasonable stability in zoning, by regulating cannabis businesses within the legal boundaries of the town.

(b)

Authority. The town is authorized by M.S.A. § 342.13(c) to adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business, including the adoption of zoning regulations under M.S.A. § 462.357. The town is also authorized to register cannabis businesses under M.S.A. § 342.22 and to regulate the use of cannabis in public places under M.S.A. § 152.0263, subd. 5. The intent of this section is to comply with the provisions of M.S.A. ch. 342 and the rules promulgated thereunder. References to statutes shall include any amendments made to those sections and includes any successor provisions.

(Ord. No. 219, § 1, 12-26-2024)

Unless otherwise noted in this section, words and phrases contained in M.S.A. § 342.01, and any amendments made thereto or any successor provisions, and the rules promulgated pursuant to M.S.A. ch. 342, shall have the same meanings in this article.

Adult use cannabis product has the meaning given the term in M.S.A. § 342.01, subd. 4.

Cannabis business has the meaning given the term in M.S.A. § 342.01, subd. 14, and includes all businesses listed thereunder. For the purposes of this section, the term also includes hemp manufacturers and hemp retailers.

Cannabis cultivator means a cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants, seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions authorized by Minnesota Statutes and the office of cannabis management.

Cannabis delivery service means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. § 342.41, or such other law as may apply, to transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers and perform other actions authorized by Minnesota Statutes and the office of cannabis management.

Cannabis event organizer means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. § 342.39, or such other law as may apply, to hold a temporary cannabis event.

Cannabis manufacturer means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. § 342.31, or such other law as may apply, to manufacture cannabis concentrate, hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight, artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption and perform other actions authorized by Minnesota Statues and the office of cannabis management.

Cannabis retailer means any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form, including a retail location and the retail location(s) of mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, and medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers.

Cannabis testing facility means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. § 342.37, or such other law as may apply, to test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products.

Cannabis transporter means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. § 342.35, or such other law as may apply, to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles and hemp-derived consumer products as authorized by Minnesota Statutes and the office of cannabis management.

Cannabis wholesaler means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. § 342.33, or such other law as may apply, to sell immature cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products to cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers, to sell lower-potency hemp edibles to lower-potency hemp edible retailers and to perform other actions authorized by Minnesota Statutes and the office of cannabis management.

Daycare means a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

Lower-potency hemp edible has the meaning given the term in M.S.A. § 342.01 subd. 50.

Lower-potency hemp edible retailer means a business licensed or endorsed by the office of cannabis management under M.S.A. § 342.43, or such other law as may apply, to sell lower-potency hemp edibles.

Medical cannabis business means a cannabis business licensed or endorsed by the office of cannabis management under M.S.A. §§ 342.47—342.515, or such other law as may apply, to cultivate, process, manufacture, package, and sell medical cannabis and cannabinoid products as authorized by Minnesota Statutes and the office of cannabis management.

Office of cannabis management ("OCM") means the Minnesota Office of Cannabis Management, which has the powers and duties set out in M.S.A. § 342.02.

Place of public accommodation means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.

Public place means a public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants, bars, any other food or liquor establishment, hospitals, nursing homes, auditoriums, arenas, gyms, meeting rooms, common areas of rental apartment buildings, and other places of public accommodation.

Residential treatment facility has the meaning given the term in M.S.A. § 245.462, subd. 23.

School means a public school as defined under M.S.A. § 120A.05, or a nonpublic school that must meet the reporting requirements under M.S.A. § 120A.24.

(Ord. No. 219, § 1, 12-26-2024)

Operation of cannabis businesses of the types established by M.S.A. § 342.10 within the town shall comply with the provisions of this section and the following:

(1)

State license required. Operation of a business of the types established by M.S.A. § 342.10 shall require a state license issued by the OCM in accordance with Minnesota Statutes.

(2)

Building code. The business shall comply with the provisions of all applicable building codes.

(3)

Fire code. The business shall comply with the provisions of all applicable fire codes.

(4)

Zoning ordinance. The business shall comply with chapter 30 of the town Code.

(5)

Hours of operation. No cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products outside of the hours of operation established by Anoka County. If Anoka County does not establish specific hours of operation, the hours established in M.S.A. § 342.27, subd. 7 shall apply.

(6)

Prohibited activities. No cannabis business shall operate in a manner that violates, or fails to comply with, the provisions of M.S.A. ch. 342, such other laws as may apply, and the following:

a.

Smoking prohibited. No cannabis flower, cannabis products, or hemp-derived consumer products in a manner that involves the inhalation of smoke, aerosol, or vapor shall be used at any location where smoking is prohibited under M.S.A. § 144.414; and

b.

Statutory prohibitions. No cannabis business authorized to sell at retail shall sell any cannabis flower or cannabis products in violation of any of the prohibitions in M.S.A. § 342.27, subd. 12.

(7)

Buffer zones.

a.

Distances. Except as provided below, no cannabis business shall be located or operate within:

1.

One thousand feet of a school;

2.

Five hundred feet of a residential treatment facility;

3.

Five hundred feet of a daycare facility;

4.

Five hundred feet of an attraction within a public park that is regularly used by minors including, but not limited to, playgrounds and athletic fields; or

5.

Five hundred feet from another cannabis business.

b.

Measurement. Buffer distances shall be measured from the adjacent property line to the structure.

(8)

Nonconforming. A cannabis business lawfully established and operating in a location may continue to operate as a lawful nonconforming use if a school, residential treatment facility, daycare facility, or park is established within the required buffer distance. A cannabis business that becomes nonconforming is subject to the restrictions in article III of the town Code and M.S.A. § 462.357, subd. 1e.

(9)

Lower-potency hemp edibles. The sale of lower-potency hemp edibles are subject to the restrictions and requirements of this subsection.

a.

Age-restricted areas. The sale of lower-potency hemp edibles is only allowed in places that limit admission to persons 21 years of age and older.

b.

Storage. Lower-potency hemp edibles shall be stored in a locked case and may only be sold behind a counter.

(10)

Medical cannabis businesses. A medical cannabis business shall be classified as a cannabis cultivator, cannabis manufacturer and/or a cannabis retailer, depending on the scope of its operations, for purposes of determining which zoning district the particular business may be located.

(Ord. No. 219, § 1, 12-26-2024)

(a)

Cannabis event permit required. A cannabis business licensed by the office of cannabis management to conduct temporary cannabis events may only conduct an event in a zoning district in which the use is allowed, and then only upon obtaining a cannabis event permit from the town.

(b)

Consumption prohibited. The consumption of adult-use cannabis products at a cannabis event is prohibited.

(c)

Application process. Unless the interim use permit issued to a cannabis event organizer indicates otherwise, the following procedure shall apply for seeking a cannabis event permit for an event. A separate cannabis event permit is required for each event.

(1)

The applicant must complete and submit the town's cannabis event permit application form together with the applicable fee at least 60 days before the start of the proposed event. Incomplete applications will be returned to the applicant without processing. If the proposed cannabis event constitutes a special event under the town's regulations, the applicant is required to follow the applicable requirements to obtain a special events permit, and such approval shall also constitute the cannabis event permit for the particular event.

(2)

If approved, the cannabis event permit shall, at a minimum, indicate the event location, dates (not to exceed four days), daily operating hours, and the specific restrictions or requirements placed on the event. The types of restrictions and requirements placed on an event will vary depending on the anticipated size and may include, but are not limited to, traffic routing, parking, security, sanitation facilities, garbage, first aid, limitations on amplified music and public address systems, insurance coverages, and maximum attendance.

(d)

Enforcement. The town may suspend or revoke a cannabis event permit if the event organizer fails to comply with the conditions placed on the permit in any material way after being informed of the violation and the need to correct it. The town may deny issuing a permit to an event organizer that failed to comply with any cannabis event permit issued within the preceding three years.

(Ord. No. 219, § 1, 12-26-2024)

No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed by the OCM to permit on-site consumption.

(Ord. No. 219, § 1, 12-26-2024)