| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to cannabis; authorizing local governments to prohibit the sale of certain |
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| 3 | 3 | | 1.3 cannabis products; authorizing local units of government to prohibit the operation |
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| 4 | 4 | | 1.4 of certain cannabis businesses; authorizing the adoption of interim ordinances; |
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| 5 | 5 | | 1.5 requiring reimbursement of certain application fees; amending Minnesota Statutes |
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| 6 | 6 | | 1.6 2024, section 342.13. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 342.13, is amended to read: |
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| 9 | 9 | | 1.9 342.13 LOCAL CONTROL. |
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| 10 | 10 | | 1.10 (a) A local unit of government may not prohibit the possession, transportation, or use |
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| 11 | 11 | | 1.11of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived |
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| 12 | 12 | | 1.12consumer products authorized under this chapter. |
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| 13 | 13 | | 1.13 (b) Except as provided In addition to the registration of cannabis microbusinesses, |
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| 14 | 14 | | 1.14cannabis mezzobusinesses, cannabis retailers, and medical cannabis combination businesses |
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| 15 | 15 | | 1.15as provided in section 342.22, a local unit of government may not prohibit the retail sale of |
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| 16 | 16 | | 1.16cannabis flower, cannabis products, or hemp-derived consumer products and the |
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| 17 | 17 | | 1.17establishment or operation of a cannabis business or hemp business licensed under this |
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| 18 | 18 | | 1.18chapter microbusinesses with a retail operations endorsement, cannabis mezzobusinesses |
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| 19 | 19 | | 1.19with a retail operations endorsement, cannabis retailers, and medical cannabis combination |
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| 20 | 20 | | 1.20businesses operating retail locations. |
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| 21 | 21 | | 1.21 (c) A local unit of government may adopt reasonable restrictions on the time, place, and |
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| 22 | 22 | | 1.22manner of the operation of a cannabis business provided that such restrictions do not prohibit |
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| 23 | 23 | | 1.23the establishment or operation of cannabis businesses. A local unit of government may |
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| 24 | 24 | | 1.24prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a |
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| 25 | 25 | | 1Section 1. |
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| 26 | 26 | | 25-00940 as introduced12/04/24 REVISOR BD/CH |
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| 27 | 27 | | SENATE |
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| 28 | 28 | | STATE OF MINNESOTA |
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| 29 | 29 | | S.F. No. 2142NINETY-FOURTH SESSION |
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| 30 | 30 | | (SENATE AUTHORS: NELSON and Limmer) |
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| 31 | 31 | | OFFICIAL STATUSD-PGDATE |
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| 32 | 32 | | Introduction and first reading03/03/2025 |
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| 33 | 33 | | Referred to Commerce and Consumer Protection 2.1day care, residential treatment facility, or an attraction within a public park that is regularly |
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| 34 | 34 | | 2.2used by minors, including a playground or athletic field. |
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| 35 | 35 | | 2.3 (d) The office shall work with local units of government to: |
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| 36 | 36 | | 2.4 (1) develop model ordinances for reasonable restrictions on the time, place, and manner |
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| 37 | 37 | | 2.5of the operation of a cannabis business; |
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| 38 | 38 | | 2.6 (2) develop standardized forms and procedures for the issuance of a retail registration |
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| 39 | 39 | | 2.7pursuant to section 342.22; and |
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| 40 | 40 | | 2.8 (3) develop model policies and procedures for the performance of compliance checks |
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| 41 | 41 | | 2.9required under section 342.22. |
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| 42 | 42 | | 2.10 (e) If a local unit of government is conducting studies or has authorized a study to be |
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| 43 | 43 | | 2.11conducted or has held or has scheduled a hearing for the purpose of considering adoption |
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| 44 | 44 | | 2.12or amendment of reasonable restrictions on the time, place, and manner of the operation of |
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| 45 | 45 | | 2.13a cannabis business, the governing body of the local unit of government may adopt an |
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| 46 | 46 | | 2.14interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting |
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| 47 | 47 | | 2.15the planning process and the health, safety, and welfare of its citizens. Before adopting the |
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| 48 | 48 | | 2.16interim ordinance, the governing body must hold a public hearing. The interim ordinance |
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| 49 | 49 | | 2.17may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction |
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| 50 | 50 | | 2.18or a portion thereof until January 1, 2025 for two years from the date on which the ordinance |
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| 51 | 51 | | 2.19was adopted. |
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| 52 | 52 | | 2.20 (f) Within 30 days of receiving a copy of an application from the office, a local unit of |
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| 53 | 53 | | 2.21government shall certify on a form provided by the office whether a proposed cannabis |
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| 54 | 54 | | 2.22business complies with local zoning ordinances and, if applicable, whether the proposed |
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| 55 | 55 | | 2.23business complies with the state fire code and building code. The office may not issue a |
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| 56 | 56 | | 2.24license if the local unit of government informs the office that the cannabis business does |
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| 57 | 57 | | 2.25not meet local zoning and land use laws. If the local unit of government does not provide |
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| 58 | 58 | | 2.26the certification to the office within 30 days of receiving a copy of an application from the |
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| 59 | 59 | | 2.27office, the office may issue a license. |
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| 60 | 60 | | 2.28 (g) The office by rule shall establish an expedited complaint process to receive, review, |
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| 61 | 61 | | 2.29and respond to complaints made by a local unit of government about a cannabis business. |
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| 62 | 62 | | 2.30At a minimum, the expedited complaint process shall require the office to provide an initial |
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| 63 | 63 | | 2.31response to the complaint within seven days and perform any necessary inspections within |
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| 64 | 64 | | 2.3230 days. Nothing in this paragraph prohibits a local unit of government from enforcing a |
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| 65 | 65 | | 2.33local ordinance. If a local unit of government notifies the office that a cannabis business |
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| 66 | 66 | | 2.34other than a cannabis retailer, cannabis microbusiness or cannabis mezzobusiness with a |
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| 67 | 67 | | 2Section 1. |
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| 68 | 68 | | 25-00940 as introduced12/04/24 REVISOR BD/CH 3.1retail operations endorsement, lower-potency hemp edible retailer, or medical cannabis |
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| 69 | 69 | | 3.2combination business operating a retail location poses an immediate threat to the health or |
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| 70 | 70 | | 3.3safety of the public, the office must respond within one business day and may take any |
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| 71 | 71 | | 3.4action described in section 342.19 or 342.21. |
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| 72 | 72 | | 3.5 (h) A local government unit that issues a cannabis retailer registration under section |
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| 73 | 73 | | 3.6342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis |
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| 74 | 74 | | 3.7mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with |
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| 75 | 75 | | 3.8a retail operations endorsement to no fewer than one registration for every 12,500 residents. |
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| 76 | 76 | | 3.9 (i) If a county has one active registration for every 12,500 residents, a city or town within |
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| 77 | 77 | | 3.10the county is not obligated to register a cannabis business. |
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| 78 | 78 | | 3.11 (j) Nothing in this section shall prohibit a local government unit from allowing licensed |
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| 79 | 79 | | 3.12cannabis retailers in excess of the minimums set in paragraph (h). |
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| 80 | 80 | | 3.13 (k) Notwithstanding the foregoing provisions, the state shall not issue a license to any |
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| 81 | 81 | | 3.14cannabis business to operate in Indian country, as defined in United States Code, title 18, |
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| 82 | 82 | | 3.15section 1151, of a Minnesota Tribal government without the consent of the Tribal |
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| 83 | 83 | | 3.16government. |
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| 84 | 84 | | 3.17 Sec. 2. LICENSE PREAPPROVAL; REIMBURSEMENT OF APPLICATION FEE. |
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| 85 | 85 | | 3.18 The Office of Cannabis Management must reimburse any application fee paid by a |
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| 86 | 86 | | 3.19person who received license preapproval pursuant to Laws 2024, chapter 121, article 2, |
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| 87 | 87 | | 3.20section 148, or a cannabis business license if: |
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| 88 | 88 | | 3.21 (1) the person engaged in, or intended to engage in, the retail sale of cannabis flower, |
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| 89 | 89 | | 3.22cannabis products, or hemp-derived consumer products from a cannabis microbusiness with |
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| 90 | 90 | | 3.23a retail operations endorsement, cannabis mezzobusiness with a retail operations endorsement, |
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| 91 | 91 | | 3.24cannabis retailer, or medical cannabis combination businesses operating retail location; |
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| 92 | 92 | | 3.25 (2) a local unit of government either: |
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| 93 | 93 | | 3.26 (i) prohibited the operation of cannabis businesses or the retail sale of cannabis flower, |
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| 94 | 94 | | 3.27cannabis products, or hemp-derived consumer products in the location where the business |
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| 95 | 95 | | 3.28was located or intended to locate; or |
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| 96 | 96 | | 3.29 (ii) adopted an interim ordinance after January 1, 2025, prohibiting the operation of |
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| 97 | 97 | | 3.30cannabis businesses in the location where the business was located or intended to locate; |
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| 98 | 98 | | 3.31and |
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| 99 | 99 | | 3Sec. 2. |
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| 100 | 100 | | 25-00940 as introduced12/04/24 REVISOR BD/CH 4.1 (3) the person identified the location where the business operated or intended to operate |
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| 101 | 101 | | 4.2to the Office of Cannabis Management before the local unit of government took any action |
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| 102 | 102 | | 4.3described in clause (2). |
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| 103 | 103 | | 4Sec. 2. |
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| 104 | 104 | | 25-00940 as introduced12/04/24 REVISOR BD/CH |
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