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File #: DC-4414    Version: 1
Type: Regular Information Status: Presented
File created: 3/17/2025 In control: General Government and Policy Committee of the Whole
On agenda: 4/8/2025 Final action: 4/8/2025
Enactment date: Resolution #:
Title: Discussion On Draft Cannabis Ordinance
Sponsors: Public Services and Revenue Administration
Attachments: 1. Draft Ordinance for Cannabis Registration and Sales, 2. Presentation Slides

DEPARTMENT: Public Services and Revenue Administration

FILE TYPE: Regular Information

 

TITLE

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Discussion On Draft Cannabis Ordinance

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PURPOSE/ACTION REQUESTED

Discuss the draft Ordinance to implement Minnesota Statutes, Chapter 342, that authorize the retail registration and sale of cannabis products to protect the public health, safety, and welfare of Dakota County residents by regulating retail cannabis businesses within the unincorporated areas of Dakota County and cities within the boundaries of Dakota County that have consented to Dakota County administering retail registration and the County has agreed to take on that authority.

 

SUMMARY

In 2023, Minnesota passed Minn. Stat §342, legalizing the sale of adult-use cannabis products and low-potency hemp edibles. This law provides a regulatory framework for the cannabis industry, including licensing, regulations, and requirements for retail establishments to register with a local government entity. The statute authorized local jurisdictions to regulate businesses operating within their jurisdiction and those jurisdictions may consent to Dakota County administering retail licensing, registration, and enforcement. By Minnesota statute, the local retail registration and licensing authority is granted to the city or organized township where the retail establishment is located. All large cities in the county have adopted cannabis retail regulations. Some small cities or townships may choose to consent and grant this authority to Dakota County. Dakota County has limited zoning or land use control authority in the County, so that authority remains reserved to the city or township.

 

Staff from Public Services and Revenue Division Administration, County Attorney’s Office, Sheriff’s Office, and Public Health have been closely monitoring the guidance from the Minnesota Office of Cannabis Management (OCM) and the state rulemaking process. The County Board may adopt reasonable restrictions of the time, place and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses and may implement local registration and annual compliance checks and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.

 

Staff presented to the General Governance and Policy Committee of the Whole on March 11, 2025, seeking policy direction from the County Board for retail registration responsibilities including:

                     The decision to regulate lower-potency hemp edibles,

                     Options to limit the number of adult-use cannabis retail registrations in the townships,

                     Placement of reasonable time, place, and manner restrictions on retail sales,

                     Licensing of temporary cannabis events,

                     Establishment of fee structures and penalties for non-compliance, and

                     The retail registration process.

 

Staff have incorporated this direction into the draft Ordinance and are seeking County Board review of the proposed Cannabis Ordinance for adoption at a future County Board meeting, subject to required public hearing (Attachment: Draft Ordinance for Cannabis Registration and Sales).

 

RECOMMENDATION

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Staff seek direction towards adoption of proposed draft Cannabis Ordinance.

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EXPLANATION OF FISCAL/FTE IMPACTS

Applicable registration fees will be implemented as part of the regulatory administration.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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Information only; no action requested.

 

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PREVIOUS BOARD ACTION

None.

 

ATTACHMENTS

Attachment: Draft Ordinance for Cannabis Registration and Sales

Attachment: Presentation Slides

 

BOARD GOALS

   Thriving People        A Healthy Environment with Quality Natural Resources

   A Successful Place for Business and Jobs         Excellence in Public Service

 

CONTACT

Department Head: Teresa Mitchell

Author: Sarah Kidwell