HomeMy WebLinkAbout2024.11.25 CCP WORKCouncil/E D A Work
S ession
City Hall Council Chambers
November 25, 2024
AGE NDA
AC T I V E D I S C US S IO N I T E M S
1.Brooklyn Center Community S afety and Violence Prevention Commission
- City staff seeks direction and approval from the Council on the details for
the permanent Brooklyn Center Community Safety and Violence
Prevention Commission as outline in Resolution No. 2021-73 (The Daunte
Wright and Kobe Dimock-Heisler Community Safety and Violence
Prevention Act).
2.Adult-Use Cannabis L egislation
City staff is requesting City Council authorize the Planning Commission to
proceed with proposed amendments to the City’s UD O and provide direction
with respect to amendments regarding the new Adult-Use Cannabis and
L ower Potency Hemp Edibles (L P HE ) legislation. As local governments have
some jurisdiction, the purpose of the amendments are to adopt new zoning
standards relating to land use and buffers.
Given the impending issuance of cannabis licenses in 2025, City staff
proceeded with submittal of a public hearing notice for amendments to
Chapter 35 of the City Code of Ordinances at the December 14, 2024
Planning Commission meeting.
C ouncil/E DA Work Session
DAT E:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:O C P H S , B C P D, B C F D, Recrea+on
S U B J E C T:Brooklyn C enter C ommunity S afety and V iolence P reven+on C ommis s ion
Requested Council A con:
- C ity staff seeks direcon and approval from the C ouncil on the details for the permanent Brookly n C enter
C ommunity S afety and V iolence P revenon C ommission as outline in Resoluon No. 2021-73 (The D aunte
Wright and Kobe D imock-H eisler C ommunity S afety and V iolence P revenon A ct).
B ackground:
City Council reques ted that s taff pres ent for dis cus s ion on the permanent Brooklyn Center Community
S afety and V iolence P reven+on Commission prior to making appointment recommenda+ons.
B udget I ssues:
The implementa+on of the P ublic S afety and V iolence P reven+on C ommis s ion repres ents a s trategic
inves tment in community well-being. W hile the propos ed budget provisions are non-fis cal, they are
designed to achieve significant community cos t s avings and deliver impac:ul outcomes in the following
areas :
1. Emergency Response Efficiency:
By fos tering community-driven strategies , the Commission aims to reduce reliance on law
enforcement for non-emergency incidents , lowering the as s ociated cos ts of police response w hile
increasing community trus t and public safety outcomes .
2. H ealth Care C ost Reducon:
P roac+ve violence preven+on and mental health interven+ons can s ignificantly decrease emergency
room visits and long-term medical expenses caused by violence-related injuries, allevia+ng the
financial burden on healthcare sys tems .
3. Judicial and Correcons Cost M igaon:
Early interven+on strategies w ill divert at-ris k individuals from the criminal jus +ce s ystem, reducing
court, deten+on, and correc+onal facility cos ts , while focus ing on rehabilita+on and community
integra+on.
4. Workforce Producvity G ains:
By addressing violence and public s afety concerns, the ini+a+ve fos ters a safer environment that
s upports community members’ ability to w ork, learn, and thrive without disrup+on, benefi+ng local
economic grow th.
5. Long-Term Community I nvestments:
The C ommis s ion’s role in developing preventa+ve s trategies supports s us tainable economic growth
by improving neighborhood s tability, increasing property values, and enhancing the quality of life for
all residents .
This ini+a+ve reflects the C ity ’s commitment to innova+ve public safety approaches that priori+z e cost-
effec+ve, community-focus ed solu+ons . The Commission's work aligns with our s hared goals of equity,
s afety, and s us tainability for the long-term benefit of Brooklyn C enter residents .
I nclusive C ommunity Engagement:
I n alignment with Res olu+on 2021-73, the implementa+on of a P ublic S afety and V iolence P reven+on
Commission represents a vital step in fos tering a s afe and inclusive community. This ini+a+ve directly
res ponds to our collec+ve commitment to equity, transparency, and community collabora+on.
B y grounding this effort in inclusive engagement metrics, the C ommission can ensure its strategies resonate with
and upliD the community it serves. T his approach aligns with the C ity ’s broader goal of addressing systemic
inequi+es while fostering a safer, more unified community.
A nracist/Equity Policy Effect:
This res olu+on sets a precedent for trans forming public safety through an an+racist and equity lens, leading
to:
I ncreas ed trus t between residents and city leaders hip.
Tangible improvements in the quality of life for marginalized communi+es .
A s us tainable framework for addressing the root causes of violence and s ystemic inequi+es .
By adop+ng and implemen+ng Resolu+on 2021-73, the City is taking a bold s tep toward building a more
just, equitable, and inclusive community.
S trategic Priories and Values:
Maintain a s trong financial pos i+on, Maintain and enhance public places, I mprove community and
employee safety, P rovide quality s ervices w ith fair and equitable treatment, S trengthen community and
employee engagement in key decisions, Be an effec+ve partner with other public en++es, S trengthen and
diversify bus iness development and housing, I mprove employees’ experience
AT TA C H M E N TS :
D escrip+on U pload D ate Type
S cope of B C Community S afety and V iolence P reven+on
C ommis s ion 11/22/2024 Backup M aterial
A dvis ory Board P P T P res enta+on 11/22/2024 Backup M aterial
1
Scope of the Brooklyn Center Community Safety and Violence Prevention Commission
Purpose:
The Brooklyn Center Community Safety and Violence Prevention Commission (CSVPC) will serve as a
community-driven advisory body to the City of Brooklyn Center, providing recommendations on public
safety initiatives, policies, and practices. Grounded in national best practices and metrics, the
commission will promote and make recommendations on holistic approaches to community safety,
violence prevention, and justice, while advancing equitable and sustainable outcomes for all residents.
Objectives:
The Commission’s primary objectives should include:
1. Review and Recommend Public Safety Policies: Assess and make recommendations regarding
existing public safety policies, programs, and practices in the City of Brooklyn Center. This
includes evaluating the effectiveness of current law enforcement approaches and proposing
alternatives where applicable, with a focus on non-violent crisis intervention, prevention, and
community-based strategies.
2. Community Engagement and Collaboration: Foster transparent, ongoing dialogue between city
leaders, law enforcement, community members, and stakeholders to build trust, enhance
community-led safety initiatives, and ensure that community voices are at the center of
decision-making processes.
3. Promote Equity in Public Safety: Ensure that public safety policies and practices are equitable
and do not disproportionately impact marginalized or underserved populations. This includes
providing recommendations for addressing racial disparities in public safety outcomes,
particularly as they relate to law enforcement interactions, incarceration, and the justice
system.
4. Violence Prevention Strategies: Develop and recommend community-based violence
prevention strategies that focus on addressing the root causes of violence, including poverty,
mental health, substance use, housing instability, and lack of access to social services.
5. Monitor Public Safety Metrics: Work in alignment with national metrics and best practices to
measure the effectiveness of public safety policies and initiatives. Regularly review and report
on public safety data, including crime rates, use of force incidents, community satisfaction with
law enforcement, and other relevant indicators in collaboration with the City’s public safety
departments.
6. Support the Development of Expanded Response Models: Explore and support the
implementation of non-law enforcement response models, including but not limited to mental
health crisis intervention teams, violence interveners, and social service programs designed to
provide holistic responses to non-violent incidents.
2
Roles and Responsibilities:
• Provide Recommendations to the City Council: The Commission will submit regular
recommendations to the Brooklyn Center City Council on policies and practices related to public
safety and violence prevention. These recommendations will be evidence-based, considering
national best practices and community input.
• Facilitate Community Forums and Workshops: Organize public forums, listening sessions, and
workshops to engage community members, gather feedback, and foster ongoing conversations
about public safety. The Commission will actively work to ensure diverse voices, particularly
from underrepresented communities, are included in these dialogues.
• Collaborate with Other City Departments and Agencies: The Commission will collaborate with
relevant city departments, local law enforcement, public health agencies, and community-based
organizations to support the implementation of recommended policies and programs.
• Develop an Annual Report: The Commission will produce an annual report detailing its
recommendations, the status of implemented changes, and an evaluation of public safety
metrics. This report will be made available to the public and shared with the City Council.
Membership:
• The Commission will be composed of 9 members, appointed by the Mayor (utilizing council
input as desired). Membership will reflect a broad cross-section of the Brooklyn Center
community, including residents, business owners, faith-based leaders, educators, youth
representatives, and experts in public safety, mental health, social services and related fields.
The majority of Commissioners must be City residents. (Consideration for “at large
representation and city staff representation as “non-voting members”). City staff (OCPHS, BCPD,
BCFD, Recreation) will review applications and forward recommendations to City Clerk for
Mayor/Council review and appointment (recommend interview and application edits)
• Qualifications: Members should have demonstrated interest or have direct experience in public
safety, the criminal justice system, community engagement, public health, violence prevention,
and/or social justice. The Commission will prioritize members who represent communities most
affected by public safety issues and/or hold public safety or public health credentials.
• Term Length: Members will serve two-year terms, with the option for reappointment for an
additional term. To ensure continuity, initial appointments will be staggered so that
approximately half of the members’ terms expire in alternating years.
3
Meetings:
• The Commission will meet quarterly or as needed, depending on the urgency and scope of
issues under review.
• Special meetings or subcommittees may be formed to focus on specific areas such as youth
engagement, mental health crisis response, or community-police relations.
National & Local Examples of Similar Commissions:
Eugene, Oregon’s Civilian Review Board (CRB): This board reviews police department actions and
policies, especially focusing on equity, transparency, and the handling of complaints. They emphasize
civilian oversight and foster ongoing dialogue between law enforcement and the community, similar to
the objectives of Brooklyn Center's CSVPC.
Eugene, Oregon’s Civilian Review Board (CRB)
• Commission Make-Up:
o The CRB consists of 5–7 volunteer members appointed by the City Council, representing
a diverse range of community perspectives. Members are typically residents who
demonstrate a commitment to public safety, accountability, and transparency.
o The board includes individuals with experience or expertise in fields such as law, social
work, public safety, or community advocacy.
• Key Outcomes:
o Transparency and Accountability: The CRB reviews internal police investigations,
especially cases involving use of force and misconduct complaints. This board has
increased transparency by providing independent oversight and reporting findings to
the public.
o Enhanced Public Trust: The CRB’s reviews have resulted in increased community
confidence in how complaints against police officers are handled. By reviewing both the
investigation process and outcomes, they promote community trust in law
enforcement’s accountability.
o Policy Recommendations: The CRB provides recommendations to the police
department for policy changes, including those focused on reducing racial disparities,
increasing de-escalation tactics, and improving community relations.
4
Minneapolis, Minnesota’s Office of Violence Prevention: Minneapolis has implemented a community-
led violence prevention strategy that includes initiatives such as community-based outreach, mental
health support, and violence interrupters. The initiative focuses on addressing the root causes of
violence and fostering community resilience, aligning closely with the goals of Brooklyn Center’s CSVPC.
Minneapolis, Minnesota’s Office of Violence Prevention (OVP)
• Commission Make-Up:
o The OVP is staffed by professionals with expertise in public health, social services,
violence prevention, and community engagement.
o It works closely with a Community Advisory Board made up of community leaders,
service providers, and individuals with lived experience related to violence, with the aim
to ensure the program remains community-centered.
• Key Outcomes:
o Group Violence Intervention (GVI) Strategy: A data-driven strategy focusing on
individuals most at risk for involvement in violence. The program offers social services,
mentorship, and opportunities for personal development, which has been credited with
helping reduce gang-related shootings and homicides.
o Next Step Hospital-based Intervention: This initiative provides immediate support and
resources to individuals who have been injured due to violence. It helps survivors
transition to non-violent lifestyles and prevents retaliation.
o Youth Violence Prevention: The OVP runs youth-focused initiatives that aim to stop
violence before it starts by providing young people with mentorship, education, and
employment opportunities.
o Community Empowerment: The office has successfully mobilized neighborhood-based
organizations and residents to take an active role in reducing violence in their
communities.
Los Angeles, California’s Civilian Oversight Commission: This commission provides oversight of the Los
Angeles County Sheriff’s Department, with a focus on transparency, public engagement, and addressing
inequities in law enforcement practices. The commission reviews and recommends policies, fostering a
model of accountability and community involvement.
Los Angeles, California’s Civilian Oversight Commission (COC)
• Commission Make-Up:
o The COC is made up of nine commissioners, appointed by the Board of Supervisors. The
commissioners represent a cross-section of the community, including civil rights
5
attorneys, criminal justice advocates, public health professionals, and retired law
enforcement officers.
o The commission has the support of an Inspector General’s office, which conducts
investigations and audits of the Los Angeles County Sheriff’s Department (LASD).
• Key Outcomes:
o Policy and Practice Reviews: The commission has reviewed and recommended changes
to LASD policies on the use of force, mental health response, and training programs. For
instance, it has advocated for improved de-escalation tactics and trauma-informed care
approaches for dealing with vulnerable populations.
o Public Transparency: Through public meetings, the COC has increased transparency
between the sheriff’s department and the community. These meetings allow for public
input on key issues, such as police accountability, use of force, and misconduct cases.
o Independent Investigations: The COC, in collaboration with the Inspector General, has
played a critical role in pushing for independent investigations into high-profile
incidents, including officer-involved shootings and allegations of excessive force.
o Focus on Mental Health: The commission has pushed for greater investment in mental
health resources and non-police responses to mental health crises.
Richmond, California’s Office of Neighborhood Safety (ONS): The ONS is a violence prevention program
that works directly with individuals most at risk for involvement in violence. They focus on holistic
support, such as mentoring, employment assistance, and crisis intervention, which is in line with
Brooklyn Center's aim to develop community-based, non-law enforcement safety strategies.
Richmond, California’s Office of Neighborhood Safety (ONS)
• Commission Make-Up:
o The ONS is a division within the city’s government, staffed by professionals in public
health, violence prevention, and community engagement. It collaborates with violence
interrupters, known as "Neighborhood Change Agents," who are community members
trained to mediate conflicts and prevent violence.
o The ONS also works with other city departments and nonprofit organizations to
coordinate services for at-risk individuals.
• Key Outcomes:
o Reduction in Gun Violence: Since its inception, the ONS has contributed to a significant
decrease in gun violence and homicides in Richmond, particularly among young men at
high risk of being involved in shootings.
o Operation Peacemaker Fellowship: This innovative mentorship program targets
individuals most at risk of engaging in violent crime. Participants, called “fellows,”
6
receive mentorship, life coaching, and financial incentives for achieving personal and
community goals.
o Crisis Intervention: ONS has successfully implemented conflict mediation and crisis
intervention strategies to prevent retaliatory violence following violent incidents.
o Employment and Education Opportunities: By providing access to job training,
education, and mental health services, ONS has helped participants reintegrate into
society and reduce their involvement in violent crime.
St. Cloud, Minnesota’s Police Advisory Board
• Commission Make-Up:
o Composed of diverse community members, including individuals with lived
experiences, representatives from underrepresented groups, and stakeholders in
public safety.
o Works collaboratively with the St. Cloud Police Department to provide
recommendations on policing practices and community engagement.
• Key Outcomes:
o Policy Recommendations: The board has provided insights leading to reforms in
police-community relations, including training on implicit bias and de-escalation
techniques.
o Community Engagement: Facilitates regular listening sessions to ensure the
voices of all community members, particularly those from marginalized groups,
are heard and considered.
o Crisis Intervention Training: Advocates for enhanced officer training in mental
health response, contributing to a decrease in force-related incidents.
o Trust Building: Establishes a bridge between law enforcement and the
community, fostering trust through transparency and accountability.
Duluth, Minnesota’s Police Advisory Board
• Commission Make-Up:
o The board is composed of local community members, business leaders, youth
representatives, and advocates from various social services organizations.
o Partners with the Duluth Police Department advise on policies and practices that
address public safety with an equity and inclusion lens.
7
• Key Outcomes:
o Equity in Policing: Developed and implemented a framework for equitable
policing practices, leading to increased community trust.
o Neighborhood Engagement: Initiates localized outreach programs in historically
underserved areas to strengthen relationships between officers and residents.
o Mental Health Support Integration: Works closely with the Duluth Police
Department to incorporate mental health professionals into response teams for
behavioral health-related calls.
o Data-Driven Decision Making: Promotes the use of disaggregated data to track
policing impacts and adjust strategies to reduce disparities in outcomes for
vulnerable populations.
These examples demonstrate a range of successful outcomes and structures that align with the
objectives of Brooklyn Center’s Community Safety and Violence Prevention Commission. They
emphasize the importance of community engagement, transparency, and holistic approaches to
violence prevention and public safety.
National Metrics for Success:
The Commission will measure its impact based on national public safety and community wellness
indicators, including:
1. Reduction in violent crime rates and use of force incidents in the city.
2. Increased community trust and satisfaction with public safety services.
3. Successful implementation of alternative response models, such as mental health crisis teams.
4. Improvement in racial and socioeconomic equity in public safety outcomes.
5. Community engagement levels in forums, workshops, and decision-making processes.
Reporting and Accountability:
• The Commission will submit annual updates to the City Council, including progress on key
initiatives and any emerging challenges.
• Annual reports will provide a detailed analysis of the year’s work, highlighting achievements,
areas for improvement, and recommendations for the following year.
8
Conclusion:
The Community Safety and Violence Prevention Commission will be a key driver in public safety in
Brooklyn Center. By centering community voices and focusing on prevention, equity, and innovation, the
Commission will ensure that Brooklyn Center’s approach to public safety is responsive to the needs of its
residents and reflective of national best practices.
Community Advisory and
Review Boards
Background
•There are approximately 18,000 law enforcement agencies in the United States.
•As of 2019 there were estimated to be about 150- 200 Civilian Review Boards in
the United States.
•There are approximately 422 law enforcement agencies in Minnesota.
•Only three Civilian Review Boards were found in Minnesota.
•National Association for Civilian Oversight of Law Enforcement (NACOLE) is the
leading professional organization identifying best practices and resources for
review boards.
2
Goals of Review Boards
1. To improve public trust in law enforcement
2. Ensuring public input in the police complaint process
3. Promoting fair and thorough investigations
4. Increased transparency in the complaint process
5. Deterring police misconduct
(Office of Justice Programs, 2016)
3
Types of Review Boards
1. Investigation Focused
2. Review Focused
3. Auditor/Monitor Focused
4
Investigation Focused
Review Board Model
•Conducts independent investigations of police complaints.
o Investigations may parallel or replace Internal Affairs (IA) investigations.
•Investigations typically completed by civilian investigators.
•Organization typically operates separately of Law Enforcement.
Examples: San Francisco, CA; Washington, D.C.; and San Diego County, CA
5
Review Focused
Review Board Model
•Generally made up of a citizen-volunteer review board and often include police
officers.
•Typically reviews completed IA and complaint investigations.
•Usually makes complaint finding recommendations to Chief.
•May receive complaints from the community.
•This is the most common type of review board.
Examples: St Paul, MN; Indianapolis, IN; and Albany, NY
6
Auditor/Monitor Focused
Review Board Model
•May participate in the IA investigation process.
•May evaluate and review police policies and practices and make
recommendations for change.
•May also evaluate for larger patterns of misconduct.
•Members are typically well-trained in analytics and tend to be experts in policing.
Examples: San Jose, CA; Los Angeles, CA; and New Orleans, LA
7
Types of Review Boards
8
Investigation Focused
Agencies
Review Focused
Agencies
Auditor/Monitor
Agencies
Receive Complaints Frequently Frequently Frequently
Decide How to Handle
a Complaint
Frequently Rarely Sometimes
Review Police
Investigations
Sometimes Frequently Frequently
Conducts Independent
Investigations
Frequently Rarely Sometimes
Types of Review Boards
9
Investigation Focused
Agencies
Review Focused
Agencies
Auditor/Monitor
Agencies
Recommend Findings Frequently Frequently Frequently
Recommend Discipline Sometimes Sometimes Sometimes
Have Civilians on a
Board
Frequently Frequently Frequently
Have Paid Professional
Staff
Frequently Sometimes Frequently
Costs Most Expensive Least Expensive 2
nd Most
Expensive
Continued
Term: 3-Year terms; no members can serve more than two
terms in lifetime.
Other Duties: Advise on department policy and prepare an annual
report.
Budget: About $16,000 (2019) and members receive $50 per
meeting attended.
Meeting Frequency: Minimum of quarterly and up to twice a month.
Meetings are subject to open meeting law.
10
City of St. Paul
Agency Size: 629 Officers
Review Board Type: Review Focused
Authority: Ordinance; Ord. No. 102
Dept. Responsibility: Human Rights Department (full-time Review
Coordinator)
Final Discipline Authority: Chief of Police
Board Size: 9 Community Members. Officers were removed from
the panel in late 2017/early 2018
11
City of St. Paul
Continued
•Complaints can be received through the Police Department or the Human Rights
Department.
•Initial complaints are reviewed by a Senior Commander and assessed for
completeness and a policy violation.
•Investigations are completed by St. Paul Internal Affairs.
12
St. Paul Complaint Process
Police Civilian Internal Affairs Review Board (PCIARC)
•Review Board reviews all IA investigations involving external complaints
regardless of nature and internal complaints related to:
o Excessive Use of Force
o Inappropriate Use of Firearms
o Discrimination
o Racial Profiling
o Improper Conduct/Procedures
o Poor Public Relations
o Any other complaints referred to the group by Human Right Department,
Mayor or Chief of Police
13
St. Paul Complaint Process
Police Civilian Internal Affairs Review Board (PCIARC)
Continued
•Review Board reviews the investigative file to include Body-worn video and makes a
recommendation to the Chief for complaint disposition and discipline, if any. Recommendation
then forwarded to the Chief of Police. Board does not receive the IA Investigators
recommendation. If the board sustains a complaint they are provided access to the officer’s file
to help inform a discipline decision.
•Complainant may offer testimony during the hearing. If this occurs the officer(s) may also offer
testify.
•In 2019 the Chief of Police modified the PCIARC’s discipline recommendation 7 times.
14
St. Paul Complaint Process
Police Civilian Internal Affairs Review Board (PCIARC)
Continued
•Possible Dispositions include
•Unfounded-Allegation is false or not factual
•Exonerated- Incident complained of occurred, but was lawful and proper
•Not Sustained- Insufficient evidence to either prove or disprove the allegation
•Sustained- The allegation is supported by sufficient evidence
•Policy Failure- The allegation is factual. The officer followed proper department procedures, which have been proven to be faulty.
•Recommended discipline may include:
•Oral Reprimand
•Retraining
•Written Reprimand
•Suspension- not more than 30 days
•Demotion
•Termination
15
St. Paul Complaint Process
Police Civilian Internal Affairs Review Board (PCIARC)
Continued
•Board Member Selection
•Made by the Mayor based off recommendations from the Human Rights Department.
•Training (prior to assuming board duties):
o Topics related to police work
o Investigation
o Relevant Law
o Cultural Competency
o Racial Equity
o Implicit Bias
o Participate in Ride Along with Patrol Officers
16
St. Paul PICARC Board Selection
Police Civilian Internal Affairs Review Board (PCIARC)
St. Paul PICARC Board Selection
Police Civilian Internal Affairs Review Board (PCIARC)
•Failure to complete the required training, data practices violation or missing more
than three trainings will result in removal from the Board.
17
Continued
18
Agency Size: Approx. 800
Review Board Type: Investigative and Review-focused
Authority: Ordinance Ord. No. 172
Dept. Responsibility: Department of Civil Rights
Final Discipline Authority: Chief of Police
Board Size: Minimum of seven members; four appointed by Council,
and three appointed by mayor. Individual review panels
consist of two citizen and two officers at Commander level.
Panels rotate members based off meeting availability.
City of Minneapolis
19
Term: 2-4 years
Other Duties: Prepares Annual Report
Budget: Members receive $50 per meeting, OPCR budget is
$1,036,000. OPCR consists of 5-6 full-time staff.
Meeting Frequency: Minimum once per month and may meet more as
necessary.
City of Minneapolis
Continued
Minneapolis Complaint Process
Office of Police Conduct Review (OPCR)
•Complaints may be made through the OPCR or Minneapolis PD.
•Complaints internal and external are then forwarded to MPD IA.
•A preliminary investigation is conducted. This primarily consists of collecting data
such as body-worn camera, CAD data etc.…
•Preliminary investigation is forwarded to IA Commander and Director of OPCR
(civilian) for review.
•Complaints may be either dismissed, result in non-disciplinary coaching,
mediation (rare) or to an Investigation.
20
Minneapolis Complaint Process
Office of Police Conduct Review (OPCR)
•If the complaint is investigated then the complaint may be investigated by sworn
MPD investigators or non-sworn OPCR investigators.
•OPCR will not investigate:
o Complaints involving an officer(s) and/or civilian staff related protected class
discrimination (such as harassment based on gender, race, sexuality etc.…).
o Complaints that are more than 270 days old or more.
o Complaints only involving civilian Minneapolis Staff.
•Complaints are decided to either go to a civilian or sworn investigator based on
background experience and any subject matter expertise the investigator
possesses.
21
Continued
Minneapolis Complaint Process
Office of Police Conduct Review (OPCR)
•After an investigation is completed the following can occur:
o Complaint may be dismissed, result in mediation or sent to the Precinct
Commander for Coaching or;
o The case may go to the OPCR review panel if the complaint involves:
22
Continued
Use of excessive force
Inappropriate language or attitude
Harassment
Discrimination of police services based
on color, creed, religion
Theft
Failure to provide timely police
protection
Retaliation
Criminal Misconduct (non-review for
criminal charges)
Minneapolis Complaint Process
Office of Police Conduct Review (OPCR)
•Review panel determines merit or no merit on the complaint and
forwards to the Office of the Chief of Police or the investigation may be
sent back to IA for further investigation.
•Merit- Recommendation indicating that a preponderance of the evidence
supports an allegation in a complaint.
•No Merit- Recommendation indicating that a preponderance of the evidence
does not support an allegation in a complaint.
•Discipline recommendation is decided by police personnel usually at the
Chief/Deputy Chief level.
23
Continued
Minneapolis Review Board
Board Member Selection
Seven members are appointed by the Council (4) and Mayor (3).
Training
Failure to complete the required training, by majority of City Council vote,
incompetence, misconduct or neglect of duty will result in removal from the board.
24
Minneapolis Review Board
Training Continued…
•Attend annual training session arranged by Civil Rights Department
•Police Use of Force Training
•Data Practices Act
•Open Meeting Law
•Ethics and Conflict of interest
•Public Employee Labor Relations Act (PELRA)
•Complete portions on Minneapolis PD Citizen’s Academy within two years of
appointment.
25
Continued
26
Agency Size: 111
Review Board Type: Review-focused
Authority: Ordinance; Ord. No. 260
Dept. Responsibility: Police Department
Final Discipline Authority: Chief of Police
Board Size: 9 (6 Citizens and 3 Officers)
Term: Three years for both citizens and officers. No officer may
serve more than two terms.
City of St. Cloud
27
Other Duties: Annual Report
Budget: Board members are not paid.
Meeting Frequency: As Needed (Board met three times in 2019)
City of St. Cloud
Continued
St. Cloud Complaint Process
•Civilian Review Board will review all external complaints and internal complaints
related to:
•Excessive Force
•Inappropriate Use of Firearms
•Discrimination
•Other cases presented to the board at the discretion of the Chief of Police
•The Board does not review internal complaints unless they meet the above
categories.
28
Continued
St. Cloud Complaint Process
Complaints are filed with the police department.
•A preliminary investigation is done and then given to the Chief of Police.
•If the Chief determines more information is needed then an IA is completed.
•If the Chief determines no further information is needed then the complaint and
preliminary findings go to the review board.
•The board then may concur with the Chief or send back the complaint for further
investigation.
29
St. Cloud Complaint Process
•Review board does not recommend discipline. They only propose a complaint
finding.
•Review board does not have access to the officer’s file.
•In the past 5 years the review board and Chief of Police have agreed on all complaint
findings.
30
St. Cloud Complaint Process
Board Member Selection
•Citizen members are appointed by the Mayor and approved by the Council. All
officers shall be recommended to the Mayor for appointment. Two members must
represent Law Enforcement Labor Services (LELS). At least one officer and one
supervisor.
•Chief appoints a review coordinator to prep for meetings.
31
Continued
St. Cloud Complaint Process
Training (prior to assuming board duties)
•Topics related to police work
•Investigations
•Relevant Law
•Cultural Diversity
•Officer Ride Along
32
Continued
St. Cloud Complaint Process
Training Continued…
Failure to complete necessary training, violating data practices or non-attendance of
three or more meetings may cause termination of appointment as recommended by
the Chief of Police and concurred by the mayor.
33
Continued
Department Comparison
34
St. Paul Minneapolis St. Cloud Brooklyn Center
Agency Size 629 Officers Est. 800 111 49
Ordinance Yes; Ord. No. 102 Yes; Ord. No. 172 Yes; Ord. No. 260 * None as of yet
Department of
Responsibility
Human Rights Civil Rights Police Department Police Department
Final Discipline
Authority
Chief of Police Chief of Police Chief of Police Chief of Police
Size of Board 9 7 (2 Civilians and
2 Officers)
9 (3 Officers) 7 (2 officers and
selection by each
council member)
Term Lengths 3-Year Terms or
2 Lifetime Terms
2-4 Years 3 Years TBD
Department Comparison
35
St. Paul Minneapolis St. Cloud Brooklyn Center
Frequency of
Meetings
Quarterly
(Min. or Twice per
Month (Max.)
Once per Month or
More as Necessary
As Needed As needed
Training Required Yes Yes Yes Yes
Other Duties Advise on Policy and
Annual Report
Prepares Annual
Report
Annual Report Annual Report (other
TBD)
Budget $16,000 / $50 per
member per meeting
$50 per meeting
OPCR $1,036,000
Unpaid TBD
Type of Board Review-focused Investigative and
Review- focused
Review-focused Review-focused
Continued
Notable Findings
1. St. Cloud and St. Paul both require the Chief and review board chair to meet within
5 days if the Chief disagrees with the boards complaint findings. Goal of this is an
attempt to understand each others concerns.
2. Approximate national citizen complaint sustain rate is about 10%. No research was
found to conclude that review boards sustain complaints at a higher rate than
departments do. (Walker)
3. The Minnesota Police Officers Discipline Procedures Act (PODPA, MN. Stat. 626.89
Subd. 17) prohibits review boards from making a finding of fact on a complaint or
imposing a discipline. Review boards recommendations are not binding.
36
Continued…
Notable Findings
4. The complaints St. Cloud, Minneapolis and St Paul’s review board look at appear
consistent with what other national review boards handle.
•If a Brooklyn Center review board were to have the same criteria. 23 complaints
would have been reviewed in 5.4 years or just over 4 complaints a year (External
complaints only).
•If you were to include internal complaints the board would have reviewed 27
complaints over 5.4 years or about 5 complaints a year.
5. Actual case discussions in Minneapolis, St. Paul and St. Cloud are closed to the
public (Mn. Stat. 13D.05 Subd. 2).
37
Continued
•Must be willing to be impartial to ensure fairness.
•Communicate effectively with others.
•Make group decisions.
•Maintain confidentiality and be trusted with sensitive data.
•Commit time to attend meetings, attend trainings and review documentation.
•No minimum education needed.
•Resident of city.
•Complete background check (necessary in order to review sensitive CJIS data).
38
Board Member Selection Criteria
•At least 18 years of age.
•Must be willing to handle public scrutiny when making decisions.
•Complete application and potential interview or supplemental questions.
(St Paul PCIARC, Mpls)
39
Board Member Selection Criteria
Continued
Staff Time
•All cities have a board coordinator. In Minneapolis and St. Paul this person is
outside the police department and prepares meetings, handles administrative
tasks during meetings, prepares recommendations and finding letters and assists
with outreach and the annual report. In St. Cloud this appears to be a collateral
duty for a department employee.
•Officer time to attend review board meetings (Complaint investigator or an
officer speaking on his/her behalf).
•Minneapolis and St. Paul pay their commissioners $50 a meeting. Overall costs to
be determined by amount of meetings and number of commissioners. St. Cloud
does not pay commissioners.
40
Anticipated Costs
Training Costs
To be determined based on identified training criteria and training time.
Equipment
St. Paul provides commissioners with laptops and two weeks prior to the meeting.
All investigative material is pre-loaded onto the laptop for commissioner review
prior to the meeting. This is more efficient than printing multiple copies of a file.
Cost per computer is about $1,000-1,500 (BC IT).
41
Anticipated Costs
Continued
•Ordinance should be well defined to explain role of review board and what
complaints they will review. This has been an issue in other cities.
•Given the low volume of complaints what other tasks would a review board
perform?
•Policy Recommendations (non-binding)?
•Community Outreach?
•Public reading of Annual Report and overview/explanation of complaint
process?
42
Additional Consideration
•Trust is Paramount
o Officers, even in a minority role, should be on the panel in order to ensure buy-in
with this process. Without officers on the panel increased police-community
relations and cross dialogue becomes difficult to achieve. (21st Century Policing)
•Current Brooklyn Center Policy requires all complaint investigations be completed within
three months of the department becoming aware of the allegation. Extensions may be
granted by the Chief of Police (Personnel Complaints, 1010.6.5).
o Does the added step of a review board give a perception of a delay in accountability?
o Does the delay in complaint resolution adversely impact complainant/officer
satisfaction?
43
Additional Consideration
Continued
Resources
NACOLE Website
https://www.nacole.org/about_us
Recommended Training Criteria
https://www.nacole.org/recommended_training_for_board_and_commission_members
44
Resources
45
Review Board Agency Websites
•Albany, NY
https://www.albanycprb.org/
•Indianapolis, IN
https://www.indy.gov/agency/citizens-police-
complaint-office
•Los Angeles, CA
https://www.oig.lacity.org/
•New Orleans, LA
http://nolaipm.gov/main/?page=home
•San Diego County, CA
https://www.sandiegocounty.gov/clerb/
•San Francisco, CA
https://sfgov.org/dpa
•San Jose, CA
https://www.sanjoseca.gov/your-
government/appointees/independent-police-auditor
•St. Paul, MN
https://www.stpaul.gov/departments/human-rights-equal-
economic-opportunity/police-civilian-internal-affairs-
review-3
•Washington, D.C.
https://policecomplaints.dc.gov/
Continued
Resources
Ordinances
•St. Paul
https://library.municode.com/mn/st._paul/codes/c
ode_of_ordinances?nodeId=PTIIIADCO_TITVCOCO_
CH102POVIINAFRECO
•Minneapolis
http://minneapolis-
mn.elaws.us/code/coor_title9_ch172
•St Cloud
https://ci.stcloud.mn.us/DocumentCenter/View/36
7/260-St-Cloud-Police-Citizens-Review-
Board?bidId=
Statutes
•PELRA
https://npelra.org/
•PODPA
https://www.revisor.mn.gov/statutes/cite/626.89
46
Continued
C ouncil/E DA Work Session
DAT E:11/25/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, P lanning M anager
S U B J E C T:A dult-Use Cannabis L egis la3on
Requested Council A con:
City s taff is reques 3ng C ity C ouncil authoriz e the P lanning Commission to proceed with propos ed
amendments to the City ’s U D O and provide direc3on w ith res pect to amendments regarding the new A dult-
Use Cannabis and L ow er Potency H emp Edibles (L P H E ) legisla3on. A s local governments have some
juris dic3on, the pur pos e of the amendments ar e to adopt new zoning s tandards r ela3ng to land us e and
buffers.
G iven the impending is s uance of cannabis licens es in 2025, City staff proceeded with s ubmi<al of a public
hearing no3ce for amendments to C hapter 35 of the City C ode of O rdinances at the D ecember 14, 2024
P lanning C ommis s ion mee3ng.
B ackground:
S ec3on 35-71300 of the C ity ’s U nified D ev elopment O r dinance (U D O ) outlines that an amendment to the
U D O may be ini3ated by the C ity C ouncil, the P lanning C ommis s ion, or a C ity P roperty O w ner. C ity planning
s taff had ini3 ally requested a special mee3ng of the P lanning C ommis s ion to dis cus s upcoming changes
s urrounding regulatory changes by the M innes ota O ffice of C annabis M anagement (O C M ) to adult-us e
cannabis ; how ev er, w hen s taff was unable to obtain a quorum, s taff w as directed by the City A<orney to
hold a w ork ses s ion w ith C ity C ouncil as a firs t s tep in addressing propos ed amendments to the C ity ’s U D O.
I t is expected there will be addi3onal required amendments to other City Code chapters to addres s changes
to adult-cannabis us e, of w hich poten3ally include C hapter 23 (G eneral L icensing), C hapter 11 (L iquor),
Chapter 13 (Parks and Recreaon), and C hapter 19 (P ublic Nuisances and Pey Offenses). The immediacy
s urrounding the request for a work ses s ion is related to the fact that the an3cipated amendments to the
City ’s U D O will take longer to address, and it is an3cipated that licenses w ill begin to be issued in early 2025.
S hould the C ity C ouncil w ant to purs ue a registra3on proces s , C ouncil w ill need to s eparately adopt a
registra3on proces s by ordinance amendment for the regis tra3on of any new cannabis bus iness—this
impacts Chapter 23.
I . B ackground
I n J uly 2022, Minnes ota L egis lature made changes to M innesota S tatutes 151.72, that impacted the legal
s ale of products containing cannabinoids derived from hemp, and allow ed consumers aged 21 or older to
purchas e products containing T H C derived from hemp. Edible cannabinoid products could not contain more
than five milligrams of any tetrahydrocannabinol (T H C) in a s ingle s erving, or more than a total of 50 mgs of
T H C per package. Brooklyn Center currently has 16 busines s es regis tered with the s tate for the s ale of
hemp-derived cannabinoids , including tw o municipal liquor stores and the golf course.
I n 2023, the S tate of M innesota passed the A dult U s e C annabis A ct, legaliz ing the pos s ession, us e, and
grow th of recrea3onal marijuana for individuals aged 21 and older. The Minnes ota O ffice of C annabis
Management (O C M) is responsible for developing the licensing proces s for a total of 13 different busines s
types and es tablishing rules and logis 3cs for retail opera3ons, dis pensaries , produc3on, w holesale,
micro/mezzo busines s es, and delivery s ervices , including both cannabis and low-potency hemp edibles
(L P H E).
The C ity of Brooklyn C enter authorized a study and impos ed a moratorium (interim ordinance) on the
establis hment of new uses , or the expansion of exis 3ng us es related to the s ale of T H C products in 2022
(O rdinance No. 2022-02). A ddi3onally, the City establis hed an ordinance to prohibit the use of cannabis and
hemp products in public places (O rdinance No. 2023-05), and amended Chapter 23 of the C ity C ode to
address the licensing and sale of edible cannabinoid products w ithin the C ity was adopted (O rdinance No.
2023-06). At the 3me, then City A<orney Jas on H ill had prepared a pres enta3on aHer the legaliz a3on of
L P H E, outlining legisla3on and further steps the C ity would need to follow to be compliant w ith S tate
S tatute.
P urs uant to the s tatutory scheme under new M innesota S tatutes S ec3on 342, local governments have
dis cre3on over z oning, registra3on of bus inesses in each dis trict, and conduc3ng random compliance
checks on licensed bus inesses w ithin the C ity. L ocal governments have the limited authority to s us pend
licenses for non-compliance; however, it must no3fy the O C M immediately.
The S tate of M innesota has iden3fied January 1, 2025, as the date cannabis licens es will begin to be is s ued,
and any local enacted moratoria is to expire. Recent ar3cles publis hed on November 19, 2024, noted that
the O C M is an3cipated to have its first licens e lo<ery for social equity license applicants the week of
D ecember 2, 2024. W hile C ity staff believes applica3ons w ill not come through un3l early 2025, it is in the
City ’s bes t interest to finaliz e the regulatory s tructure and registra3on proces s before the s tate begins
is s uing licens es.
I I . O ffice of C annabis M anagement
The role of the O ffice of Cannabis M anagement (O C M ) is to regulate the cannabis indus try s tatew ide and
provide guidance on the standards for the S tate. The O C M requires all cannabis and low er potency hemp
bus inesses to obtain a license once the S tate of Minnes ota has establis hed the licensing proces s , and
includes the D ivis ion of Medical C annabis (effec3ve July 1, 2024), w hich operates the medical cannabis
program, and the D ivis ion of S ocial Equity, which promotes development, s tability, and safety in
communi3es that have experienced a dis propor3onate, nega3ve impact from cannabis prohibi3on and
us age.
The O C M released a G uide for Local G overnments on A dult Use Cannabis in A ugus t 2024 (a<ached). This
guide provides direc3on on licensing, zoning, busines s types , and a model ordinance. The O C M also
provided a F irst D raH of P ropos ed C annabis Rules .
The O ffice of C annabis Management, through Chapter 342, is tas ked with es tablishing rules and policy and
exercising regulatory authority over the M innesota cannabis indus try. The O C M further:
G overns the applica3on and licens ing process for cannabis and hemp busines s es, including the
s pecific requirements for each type of license and their respec3ve busines s ac3vi3es; and
Conducts enforcement and inspec3on ac3vi3es acros s Minnes ota cannabis and hemp indus tries .
The O C M is further tasked w ith no3fying ci3es of an applica3on for z oning compliance.
I I I . L ocal Control/N ext S teps
Local governments may not is s ue outright bans on cannabis bus iness, or limit opera3ons in a manner
beyond w hat is provided by a s tate law. W ith that s aid, City s taff w ill be working w ith the C ity ’s res pec3ve
P lanning C ommis s ion and C ity C ouncil to iden3fy and amend, as necessary, any City Codes to address the
new provisions rela3ng to adult-us e cannabis law.
City s taff w as recently in communica3on with the city of Bloomington regarding w hat meas ures they had
taken regarding cannabis , and has reviewed documenta3on from Bloomington, Brooklyn Park, Crystal,
Minneapolis, Richfield, and Ros eville.
C annabis Retail Restricons (as laid out in M N S tatutes 342.13)
Local governments may limit the number of retailers and microbus inesses /mezzobusines s es with retail
endors ements, but in no case can there be less than one retail loca3on per 12,500 residents . A s the City of
Brooklyn Center has 33,982 res idents per the 2023 Minnes ota S tate D emographer Es3mates, the C ity
w ould be expected to provide for at least three (3) of these license types .
The C ity of Brooklyn C enter would not be obligated to seek out a busines s to register as a cannabis busines s
if it has not been approached by a poten3al applicant, but the City cannot prohibit the es tablishment of a
bus iness if the popula3on requirement is not met.
G enerally, cannabis licenses allow for mul3ple retail loca3ons in Minnes ota to operate under a s ingle
license, with the follow ing limita3ons :
Retailers: up to 5 retail loca3ons
M ezzobusinesses: up to 3 retail loca3ons
M icrobusinesses: up to 1 retail loca3on
M edical cannabis combinaon businesses: 1 retail loca3on per congres s ional district, but ability to
cul3vate at more than 1 loca3on within other limita3ons on cul3va3on
A ll other license types: 1 license permits the opera3on of 1 loca3on
Cannabis retail s ales must be in standalone s hops as the primary use and cannot be accessory to another
us e.
N ote: S tate law requires the O C M to is s ue a license to a city or county s eeking to operate a single municipal
cannabis s tore. This store is not included in the minimum number of regis tra3ons required.
Brooklyn Center w ill be tas ked with approving text amendments to C hapter 35 of the Unified D evelopment
O rdinance. The C ity C ouncil w ill have to addres s licensing s tandards and ul3mately adopt an amended
ordinance if it would like to have any say in where these establis hments can be located. Below are is s ues
that need to be addressed, which have been iden3fied as areas w here the City has the authority to provide
oversight:
Land Use/Zoning: I den3fying which zoning dis tricts cannabis busines s es can operate w ithin.
The provided G uide for L ocal G over nments on A dult-U se C annabis prov ides some dir ec3 on on
w here certain licens e ty pes might be located in a community, and a table of “comparable
dis tricts,” as well as certain “municipal cons ider a3 ons ,” such as poten3al nuis ances like odors ,
s ecurity, transporta3on, on-site cons ump3on, and fleet vehicle storage.
I t s hould be noted that any developments w ith certain covenants and res tric3 ons prohibi3ng
the grow ing, delivering, transpor3ng, dis tribu3 ng, or s ale of cannabis w ould prevail unles s the
res tric3ons were amended to allow for the us e. A s an example, S hingle C reek Cros s ing
(P lanned U nit D evelopment) has prohibi3ons on marijuana, whether by pres crip3 on, medical
recommenda3on, or otherwise.
B uffer Z ones: Establis hing buffers between cannabis busines s es and s ensi3ve loca3ons s uch as
s chools (maximum 1 ,000 feet), daycares (maximum 5 0 0 feet), and residen3al treatment facili3es
(maximum 500 feet), or public park a<rac3ons regularly us ed by minors , including play gr ounds and
athle3c fields (maximum 500 feet).
A jur is dic3on can adopt buffer r equir ements that prohibit the opera3on of a cannabis bus iness
w ithin cer tain dis tances of other us es. Terms of meas urement ar e not provided for but should
us e a measuring sys tem cons is tent with the res t of its ordinances.
Residen3al tr eatment facili3 es are defined under M innesota S tatutes 245.4 6 2 s ubd. 23, and
are defined as a, “2 4 -hour-a-day program under the tr eatment s uperv is ion of a mental health
profes s ional, in a community res iden3 al seNng other than an acute care hos pital or regional
treatment center inpa3ent unit, that mus t be licens ed as a residen3al treatment program for
adults w ith mental illnes s under chapter 2 4 5 I , M innes ota R ules , parts 9 5 2 0 .0500 to
9520.0670, or other rules adopted by the commissioner.”
Limit Retail Registraons: The C ity overhauled its tobacco licens ing proces s in 2018, limi3ng the
number of tobacco licenses in the C ity by raising the minimum age of entr ance to a tobacco
establis hment to 2 1 , and outlining a s moking prohibi3on, w her e s moking by a pers on s hall not be
permi<ed ins ide any licens ed premis es.
The legis la3v e findings prov ided by the City C ouncil at that 3me recognized that tobacco use
was iden3fied as the cause of several serious health problems and economic consequences, and as a
means to protect minors and young adults associated with the use and ini3a3on, with 95% of adult
smokers beginning before the age of 21. Although there is so me discrepancy between the Minnesota
State Demographer’s popula3on es3mate and the 2018-2022 American C ommunity Survey data,
approximately 30% of B rooklyn C enter’s residents are 19 years of age or less.
Z oning C ompliance: The City w ould be able to review an applicant ’s loca3on for compliance w ith its
z oning regula3ons during the veNng proces s by O C M.
Compliance C hecks: C ompliance C heck s mus t be done once per y ear for age verifica3on and local
ordinance requirements.
I V. Implicaons
The implica3ons of not ac3ng with has te on the ordinance amendments could mean that applicants can
choos e where in the C ity of Brooklyn C enter they want to place their bus inesses , and w ithout cons idera3on
to the complementarines s of the use in certain districts , or proximity of a loca3on to vulnerable popula3ons.
W ithout z oning regula3ons , the City w ould have very li<le regula3on over the 3me, place, and manner of
cannabis retail, manufacturing, cul3va3on, etc.
V. O ther C onsideraons
M unicipal Registraon
The local government, as part of the regis tra3on process for cannabis retailers or other cannabis /hemp
bus inesses s eeking a retail endors ement, may:
Require payment of a registra3on fee or renew al fee, including an “ini3al registra3on fee” of $500 or
half the amount of the applicable ini3al license fee, whichever is les s , and a “renew al regis tra3on fee”
of $1,000 or half the amount of the applicable renewal license fee, whichever is les s .
A local government may refus e a registra3on or licens e renew al in situa3ons where the licens e is
associated with an individual or busines s w ho no longer holds a valid license, has failed to pay the
local regis tra3on or renewal fee, or has been found in non-compliance w ith a preliminary or renewal
compliance check.
A nnual M unicipal C ompliance C hecks
A local government mus t conduct:
Compliance checks for cannabis and hemp bus inesses holding retail registra3ons at least once per
calendar year (e.g. age verifica3on, compliance w ith local ordinance pursuant to 342.13).
V I . A ddional I nformaon
To date, C ity staff has received communica3on from individuals and companies regarding the establis hment
of cannabis dis pensaries .
I n 2023, the M innesota Legislature created the L ocal G overnment C annabis A id, which is funded through a
10% gros s receipts tax on retail sales of cannabis products in Minnes ota. F rom the C annabis Tax Revenue,
80% is deposited into the state’s G eneral F und and 20% is depos ited into the Local G overnment Cannabis
A id account. O n June 30 each year, 50% of the cannabis aid account balance is available to coun3es and
50% to ci3es . The dis tribu3on amount received will be propor3onal to the number of cannabis bus inesses
located in the city as compared to the number of cannabis busines s es in all ci3es .
V I I . Policy I ssues
1. D oes the City Council have any concerns or ques 3ons regarding the designa3on of certain zoning
dis tricts for each of the 13 cannabis licens e types?
2. D oes the City Council have any concerns or ques 3ons regarding the adop3on of certain buffering
requirements that prohibit the opera3on of a cannabis bus iness within a certain distance of schools,
daycares, res iden3al treatment facili3es, or from an a<rac3on w ithin a public park that is regularly used by
minors ?
3. A jurisdic3on such as the C ity of B rooklyn C enter may choose to set a limit on the number of cannabis retail
registra3ons within its boundaries. T he jurisdic3on may not, however, limit the number of registra3ons to fewer
than one per 12,500 residents. I f the C ity is in receipt of mul3ple applica3ons, a jurisdic3on may elect to issue. I s
the C ity C ouncil interested in imposing a limit on the number of cannabis retail loca3ons?
B udget I ssues:
There may be budget considera3ons surrounding the cost of upda3ng City Code chapters as neces s ary to
comply w ith the new s tatute requirements s urrounding adult-use cannabis .
A nracist/Equity Policy Effect:
S trategic Priories and Values:
AT TA C H M E N TS :
D escrip3on U pload D ate Type
C ouncil Memo - A dult U s e C annabis 11/19/2024 Cover Memo
A G uide for Local G overnments on A dult-U s e C annabis (M N
O C M)11/19/2024 Backup M aterial
O rdinance No. 2022-02 (Moratorium on U s es Related to S ale
of T H C)11/19/2024 Backup M aterial
O rdinance No. 2023-05 (A mending C hapter 19 to P rohibit U s e
of C annabis and H emp in P ublic P laces )11/19/2024 Backup M aterial
O rdinance No. 2023-06 (A mending C hapter 23 Regarding
L icensing and S ale of Edible C annabinoid P roducts )11/19/2024 Backup M aterial
DATE: November 25, 2024
TO: Dr. Reggie Edwards, City Manager
THROUGH: Jesse Anderson, Community Development Director
FROM: Ginny McIntosh, Planning Manager
SUBJECT: Adult-Use Cannabis Legislation
I. Requested Direction
City staff is requesting City Council authorize the Planning Commission to proceed with proposed
amendments to the City’s UDO and provide direction with respect to amendments regarding the new
Adult-Use Cannabis and Lower Potency Hemp Edibles (LPHE) legislation. As local governments have some
jurisdiction, the purpose of the amendments are to adopt new zoning standards relating to land use and
buffers.
Section 35-71300 of the City’s Unified Development Ordinance (UDO) outlines that an amendment to the
UDO may be initiated by the City Council, the Planning Commission, or a City Property Owner. City
planning staff had initially requested a special meeting of the Planning Commission to discuss upcoming
changes surrounding regulatory changes by the Minnesota Office of Cannabis Management (OCM) to
adult-use cannabis; however, when staff was unable to obtain a quorum, staff was directed by the City
Attorney to hold a work session with City Council as a first step in addressing proposed amendments to
the City’s UDO.
Given the impending issuance of cannabis licenses in 2025, City staff proceeded with submittal of a public
hearing notice for amendments to Chapter 35 of the City Code of Ordinances at the December 14, 2024
Planning Commission meeting.
It is expected there will be additional required amendments to other City Code chapters to address
changes to adult-cannabis use, of which potentially include Chapter 23 (General Licensing), Chapter 11
(Liquor), Chapter 13 (Parks and Recreation), and Chapter 19 (Public Nuisances and Petty Offenses). The
immediacy surrounding the request for a work session is related to the fact that the anticipated
amendments to the City’s UDO will take longer to address, and it is anticipated that licenses will begin to
be issued in early 2025.
Should the City Council want to pursue a registration process, Council will need to separately adopt a
registration process by ordinance amendment for the registration of any new cannabis business—this
impacts Chapter 23.
II. Background
In July 2022, Minnesota Legislature made changes to Minnesota Statutes 151.72, that impacted the legal
sale of products containing cannabinoids derived from hemp, and allowed consumers aged 21 or older to
purchase products containing THC derived from hemp. Edible cannabinoid products could not contain
more than five milligrams of any tetrahydrocannabinol (THC) in a single serving, or more than a total of
50 mgs of THC per package. Brooklyn Center currently has 16 businesses registered with the state for the
sale of hemp-derived cannabinoids, including two municipal liquor stores and the golf course.
In 2023, the State of Minnesota passed the Adult Use Cannabis Act, legalizing the possession, use, and
growth of recreational marijuana for individuals aged 21 and older. The Minnesota Office of Cannabis
Management (OCM) is responsible for developing the licensing process for a total of 13 different business
types and establishing rules and logistics for retail operations, dispensaries, production, wholesale,
micro/mezzo businesses, and delivery services, including both cannabis and low-potency hemp edibles
(LPHE).
The City of Brooklyn Center authorized a study and imposed a moratorium (interim ordinance) on the
establishment of new uses, or the expansion of existing uses related to the sale of THC products in 2022
(Ordinance No. 2022-02). Additionally, the City established an ordinance to prohibit the use of cannabis
and hemp products in public places (Ordinance No. 2023-05), and amended Chapter 23 of the City Code
to address the licensing and sale of edible cannabinoid products within the City was adopted (Ordinance
No. 2023-06). At the time, then City Attorney Jason Hill had prepared a presentation after the legalization
of LPHE, outlining legislation and further steps the City would need to follow to be compliant with State
Statute.
Pursuant to the statutory scheme under new Minnesota Statutes Section 342, local governments have
discretion over zoning, registration of businesses in each district, and conducting random compliance
checks on licensed businesses within the City. Local governments have the limited authority to suspend
licenses for non-compliance; however, it must notify the OCM immediately.
The State of Minnesota has identified January 1, 2025, as the date cannabis licenses will begin to be issued,
and any local enacted moratoria is to expire. Recent articles published on November 19, 2024, noted that
the OCM is anticipated to have its first license lottery for social equity license applicants the week of
December 2, 2024. While City staff believes applications will not come through until early 2025, it is in the
City’s best interest to finalize the regulatory structure and registration process before the state begins
issuing licenses.
III. Office of Cannabis Management
The role of the Office of Cannabis Management (OCM) is to regulate the cannabis industry statewide and
provide guidance on the standards for the State. The OCM requires all cannabis and lower potency hemp
businesses to obtain a license once the State of Minnesota has established the licensing process, and
includes the Division of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis
program, and the Division of Social Equity, which promotes development, stability, and safety in
communities that have experienced a disproportionate, negative impact from cannabis prohibition and
usage.
The OCM released a Guide for Local Governments on Adult Use Cannabis in August 2024 (attached). This
guide provides direction on licensing, zoning, business types, and a model ordinance. The OCM also
provided a First Draft of Proposed Cannabis Rules.
The Office of Cannabis Management, through Chapter 342, is tasked with establishing rules and policy
and exercising regulatory authority over the Minnesota cannabis industry. The OCM further:
• Governs the application and licensing process for cannabis and hemp businesses, including the
specific requirements for each type of license and their respective business activities; and
• Conducts enforcement and inspection activities across Minnesota cannabis and hemp industries.
The OCM is further tasked with notifying cities of an application for zoning compliance.
IV. Local Control/Next Steps
Local governments may not issue outright bans on cannabis business, or limit operations in a manner
beyond what is provided by a state law. With that said, City staff will be working with the City’s respective
Planning Commission and City Council to identify and amend, as necessary, any City Codes to address the
new provisions relating to adult-use cannabis law.
City staff was recently in communication with the city of Bloomington regarding what measures they had
taken regarding cannabis, and has reviewed documentation from Bloomington, Brooklyn Park, Crystal,
Minneapolis, Richfield, and Roseville.
Cannabis Retail Restrictions (as laid out in MN Statutes 342.13)
Local governments may limit the number of retailers and microbusinesses/mezzobusinesses with retail
endorsements, but in no case can there be less than one retail location per 12,500 residents. As the City
of Brooklyn Center has 33,982 residents per the 2023 Minnesota State Demographer Estimates, the City
would be expected to provide for at least three (3) of these license types.
The City of Brooklyn Center would not be obligated to seek out a business to register as a cannabis
business if it has not been approached by a potential applicant, but the City cannot prohibit the
establishment of a business if the population requirement is not met.
Generally, cannabis licenses allow for multiple retail locations in Minnesota to operate under a single
license, with the following limitations:
Retailers: up to 5 retail locations
Mezzobusinesses: up to 3 retail locations
Microbusinesses: up to 1 retail location
Medical cannabis combination businesses: 1 retail location per congressional district, but ability to
cultivate at more than 1 location within other limitations on cultivation
All other license types: 1 license permits the operation of 1 location
Cannabis retail sales must be in standalone shops as the primary use and cannot be accessory to another
use.
Note: State law requires the OCM to issue a license to a city or county seeking to operate a single
municipal cannabis store. This store is not included in the minimum number of registrations required.
Brooklyn Center will be tasked with approving text amendments to Chapter 35 of the Unified
Development Ordinance. The City Council will have to address licensing standards and ultimately adopt
an amended ordinance if it would like to have any say in where these establishments can be located.
Below are issues that need to be addressed, which have been identified as areas where the City has the
authority to provide oversight:
• Land Use/Zoning: Identifying which zoning districts cannabis businesses can operate within.
o The provided Guide for Local Governments on Adult-Use Cannabis provides some
direction on where certain license types might be located in a community, and a table of
“comparable districts,” as well as certain “municipal considerations,” such as potential
nuisances like odors, security, transportation, on-site consumption, and fleet vehicle
storage.
It should be noted that any developments with certain covenants and restrictions
prohibiting the growing, delivering, transporting, distributing, or sale of cannabis would
prevail unless the restrictions were amended to allow for the use. As an example, Shingle
Creek Crossing (Planned Unit Development) has prohibitions on marijuana, whether by
prescription, medical recommendation, or otherwise.
• Buffer Zones: Establishing buffers between cannabis businesses and sensitive locations such as
schools (maximum 1,000 feet), daycares (maximum 500 feet), and residential treatment facilities
(maximum 500 feet), or public park attractions regularly used by minors, including playgrounds
and athletic fields (maximum 500 feet).
o A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis
business within certain distances of other uses. Terms of measurement are not provided
for but should use a measuring system consistent with the rest of its ordinances.
Residential treatment facilities are defined under Minnesota Statutes 245.462 subd. 23,
and are defined as a, “24-hour-a-day program under the treatment supervision of a
mental health professional, in a community residential setting other than an acute care
hospital or regional treatment center inpatient unit, that must be licensed as a residential
treatment program for adults with mental illness under chapter 245I, Minnesota Rules,
parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner.”
• Limit Retail Registrations: The City overhauled its tobacco licensing process in 2018, limiting the
number of tobacco licenses in the City by raising the minimum age of entrance to a tobacco
establishment to 21, and outlining a smoking prohibition, where smoking by a person shall not be
permitted inside any licensed premises.
The legislative findings provided by the City Council at that time recognized that tobacco use was
identified as the cause of several serious health problems and economic consequences, and as a
means to protect minors and young adults associated with the use and initiation, with 95% of
adult smokers beginning before the age of 21. Although there is some discrepancy between the
Minnesota State Demographer’s population estimate and the 2018-2022 American Community
Survey data, approximately 30% of Brooklyn Center’s residents are 19 years of age or less.
• Zoning Compliance: The City would be able to review an applicant’s location for compliance with
its zoning regulations during the vetting process by OCM.
• Compliance Checks: Compliance Checks must be done once per year for age verification and local
ordinance requirements.
V. Implications
The implications of not acting with haste on the ordinance amendments could mean that applicants can
choose where in the City of Brooklyn Center they want to place their businesses, and without
consideration to the complementariness of the use in certain districts, or proximity of a location to
vulnerable populations. Without zoning regulations, the City would have very little regulation over the
time, place, and manner of cannabis retail, manufacturing, cultivation, etc.
VI. Other Considerations
Municipal Registration
The local government, as part of the registration process for cannabis retailers or other cannabis/hemp
businesses seeking a retail endorsement, may:
• Require payment of a registration fee or renewal fee, including an “initial registration fee” of $500
or half the amount of the applicable initial license fee, whichever is less, and a “renewal
registration fee” of $1,000 or half the amount of the applicable renewal license fee, whichever is
less.
o A local government may refuse a registration or license renewal in situations where the
license is associated with an individual or business who no longer holds a valid license,
has failed to pay the local registration or renewal fee, or has been found in non-
compliance with a preliminary or renewal compliance check.
Annual Municipal Compliance Checks
A local government must conduct:
• Compliance checks for cannabis and hemp businesses holding retail registrations at least once per
calendar year (e.g. age verification, compliance with local ordinance pursuant to 342.13).
VII. Additional Information
To date, City staff has received communication from individuals and companies regarding the
establishment of cannabis dispensaries.
In 2023, the Minnesota Legislature created the Local Government Cannabis Aid, which is funded through
a 10% gross receipts tax on retail sales of cannabis products in Minnesota. From the Cannabis Tax
Revenue, 80% is deposited into the state’s General Fund and 20% is deposited into the Local Government
Cannabis Aid account. On June 30 each year, 50% of the cannabis aid account balance is available to
counties and 50% to cities. The distribution amount received will be proportional to the number of
cannabis businesses located in the city as compared to the number of cannabis businesses in all cities.
VIII. Policy Issues
1. Does the City Council have any concerns or questions regarding the designation of certain zoning
districts for each of the 13 cannabis license types?
2. Does the City Council have any concerns or questions regarding the adoption of certain buffering
requirements that prohibit the operation of a cannabis business within a certain distance of
schools, daycares, residential treatment facilities, or from an attraction within a public park that
is regularly used by minors?
3. A jurisdiction such as the City of Brooklyn Center may choose to set a limit on the number of
cannabis retail registrations within its boundaries. The jurisdiction may not, however, limit the
number of registrations to fewer than one per 12,500 residents. If the City is in receipt of multiple
applications, a jurisdiction may elect to issue Is the City Council interested in imposing a limit on
the number of cannabis retail locations?
A Guide for Local Governments
on Adult-Use Cannabis
Version 1.4
Updated August 2024
Table of Contents
Introduction ............................................................... 3
About OCM ............................................................... 4
Cannabis License Types ............................................. 5
Adult-Use Cannabis Law ........................................... 7
Cannabis Licensing Process........................................ 8
General Authorities .................................................. 10
Zoning and Land Use ................................................ 12
Local Approval Process ............................................. 15
Inspections and Compliance Checks ........................ 18
Municipal Cannabis Stores ...................................... 19
Creating Your Local Ordinance ............................... 20
Additional Resources ................................................ 21
Introduction
This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and
how local governments can expect to be involved. The guide also provides important
information about Minnesota’s new Office of Cannabis Management (OCM), and the
office’s structure, roles, and responsibilities. While medical cannabis continues to play an
important role in the state’s cannabis environment, this guide is primarily focused on the
adult-use cannabis law and marketplace.
The following pages outline the variety of cannabis business licenses that will be issued,
provide a broad summary of important aspects of the adult-use cannabis law, and cover a
wide range of expectations and authorities that relate to local governments. This guide also
provides best practices and important requirements for developing a local cannabis
ordinance.
Chapter 342 of Minnesota law
was established by the State
Legislature in 2023 and was
updated in 2024. Mentions of
“adult-use cannabis law” or “the
law” throughout this guide refer
to Chapter 342 and the changes
made to it.
As of this guide’s date of
publication, state regulations
governing the adult-use
cannabis market have not yet
been published—this document
will be updated when such
regulations become effective.
This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and
municipal officials seeking legal advice should consult an attorney.
Page 3
About OCM
Minnesota’s Office of Cannabis Management is the state regulatory office created to
oversee the implementation and regulation of the adult-use cannabis market, the medical
cannabis market, and the consumer hemp industry. Housed within OCM are the Division
of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis
program, and the Division of Social Equity, which promotes development, stability, and
safety in communities that have experienced a disproportionate, negative impact from
cannabis prohibition and usage.
OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its
regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated
to:
Promote public health and welfare.
Protect public safety.
Eliminate the illicit market for cannabis flower and cannabis products.
Meet the market demand for cannabis flower and cannabis products.
Promote a craft industry for cannabis flower and cannabis products.
Prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
OCM governs the application and licensing process for cannabis and hemp businesses,
specific requirements for each type of license and their respective business activities, and
conducts enforcement and inspection activities across the Minnesota cannabis and hemp
industries.
Page 4
License Types
Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role
in the cannabis and hemp supply chain. In addition to license types below, OCM will also
issue endorsements to license holders to engage in specific activities, including producing,
manufacturing, and sale of medical cannabis for patients.
Microbusiness
Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Microbusiness may also operate a single retail location.
Mezzobusiness
Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Mezzobusiness may also operate up to three retail locations.
Cultivator
Cultivators may cultivate cannabis and package such cannabis for sale to another licensed
cannabis business.
Manufacturer
Manufacturers may manufacture cannabis products and hemp products, and package such
products for sale to a licensed cannabis retailer.
Retailer
Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products,
hemp products, and other products authorized by law to customers and patients.
Wholesaler
Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from another licensed cannabis business.
Wholesalers may also import hemp-derived consumer products and lower-potency hemp
edibles.
Page 5
License Types (continued)
Transporter
Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis
products, and hemp products to licensed cannabis businesses.
Testing Facility
Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from licensed cannabis businesses.
Event Organizer
Event organizers may organize a temporary cannabis event lasting no more than four days.
Delivery Service
Delivery services may purchase cannabis, cannabis products, and hemp products from
retailers or cannabis business with retail endorsements for transport and delivery to
customers.
Medical Cannabis Combination Business
Medical cannabis combination businesses may cultivate cannabis and manufacture
cannabis and hemp products, and package such products for sale to customers, patients,
or another licensed cannabis business. Medical cannabis combination businesses may
operate up to one retail location in each congressional district.
Lower-Potency Hemp Edible Manufacturer
Lower-potency hemp edible manufacturers may manufacture and package lower-potency
hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp
edibles to other cannabis and hemp businesses.
Lower-Potency Hemp Edible Retailer
Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers.
Each license is subject to further restrictions on allowable activities. Maximum cultivation
area and manufacturing allowances vary by license type. Allowable product purchase,
transfer, and sale between licensees are subject to restrictions in the law.
Page 6
The Adult-Use Cannabis Law
Minnesota’s new adult-use cannabis law permits the personal use, possession, and
transportation of cannabis by those 21 years of age and older, and allows licensed
businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis
and cannabis products.
For Individuals
Possession limits:
Flower - 2 oz. in public, 2 lbs. in private residence
Concentrate - 8 g
Edibles (including lower-potency hemp) - 800 mg THC
Consumption only allowed on private property or at licensed businesses with on-site
consumption endorsements. Consumption not allowed in public.
Gifting cannabis to another individual over 21 years old is allowed, subject to
possession limits.
Home cultivation is limited to four mature and four immature plants (eight total) in a
single residence. Plants must be in an enclosed and locked space.
Home extraction using volatile substances (e.g., butane, ethanol) is not allowed.
Unlicensed sales are not allowed.
For Businesses
Advertising:
May not include or appeal to those under 21 years old.
Must include proper warning statements.
May not include misleading claims or false statements.
Billboards are not allowed.
The flow of all products through the supply chain must be
tracked by the state-authorized tracking system.
All products sold to consumers and patients must be
tested for contaminants.
Home delivery is allowed by licensed businesses.
Page 7
The Cannabis Licensing Process
An applicant will take the following steps to proceed from application to active licensure.
As described, processes vary depending on social equity status and/or whether the type of
license being sought is capped or uncapped in the general licensing process.
License Preapproval: Early Mover Process for Social
Equity Applicants
The license preapproval process is a one-time application process available for verified social
equity applicants. State law requires OCM to open the application window on July 24,
2024, and close the window on August 12, 2024. The preapproval process is available for
the following license types, and all are capped in this process: microbusiness, mezzobusiness,
cultivator, retailer, wholesaler, transporter, testing facility, and delivery service.
Applicant’s social equity applicant (SEA) status verified.
Complete application and submit application fees.
Application vetted for minimum requirements by OCM.
Application (if qualified) entered into lottery drawing.
If selected in lottery, OCM completes background check of selected applicant and
issues license preapproval.
Applicant with license preapproval* submits business location and amends application
accordingly.
OCM forwards completed application to local government.
Local government completes certification of zoning compliance.
OCM conducts site inspection.
When regulations are adopted, license becomes active, operations may commence.
*For social equity applicants with license preapproval for microbusiness, mezzobusiness, or
a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if
OCM receives approval from local governments in a form and manner determined by the
office. This is only applicable to cultivation and does not authorize retail sales or other
endorsed activities of the licenses prior to the adoption of rules.
Preapproval steps:
Page 8
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The Cannabis Licensing Process (cont.)
The general licensing process will align with the adoption of rules and OCM will share more
information about the timing of general licensing process. The general licensing process
includes social equity applicants and non-social equity applicants.
General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness
Complete application and submit application fees.
Application vetted for minimum requirements by OCM.
Application (if qualified) entered into lottery drawing.
If selected in lottery, OCM completes background check of selected applicant and
issues preliminary approval.
Applicant with preliminary approval submits business location and amends application
accordingly.
OCM forwards completed application to local government.
Local government completes certification of zoning compliance.
OCM conducts site inspection.
License becomes active, operations may commence.*
General Licensing: Microbusiness, Wholesaler, Transporter, Testing
Facility, Event Organizer
Complete application and submit application fees.1.
Application vetted for minimum requirements by OCM.2.
For qualified applicants, OCM completes background check of vetted applicant and
issues preliminary approval.
3.
Selected applicant submits business location and amends application accordingly.4.
OCM forwards completed application to local government.5.
Local government completes certification of zoning compliance.6.
OCM conducts site inspection.7.
License becomes active, operations may commence.*8.
1.
2.
3.
4.
5.
6.
7.
8.
9.
*For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer),
a valid local retail registration is required prior to the business commencing any retail sales.
See Page 16 for information on the local retail registration process.
Page 9
General Authorities
Local governments in Minnesota have various means of oversight over the cannabis market,
as provided by the adult-use cannabis law. Local governments may not issue outright bans on
cannabis business, or limit operations in a manner beyond what is provided by state law.
Cannabis Retail Restrictions (342.13)
Local governments may limit the number of retailers and microbusiness/mezzobusinesses
with retail endorsements allowed within their locality, as long as there is at least one retail
location per 12,500 residents. Local units of government are not obligated to seek out a
business to register as cannabis business if they have not been approached by any potential
applicants, but cannot prohibit the establishment of a business if this population
requirement is not met. Local units of government may also issue more than the minimum
number of registrations. Per statutory direction, a municipal cannabis store (Page 19)
cannot be included in the minimum number of registrations required. For population
counts, the state demographer estimates will likely be utilized.
Tribal Governments (342.13)
OCM is prohibited from and will not issue state licenses to businesses in Indian Country
without consent from a tribal nation. Tribal nations hold the authority to license tribal
cannabis businesses on tribal lands – this process is separate than OCM’s licensing
process and authority. Subject to compacting, Tribal nations may operate cannabis
businesses off tribal lands. There will be more information available once the compacting
processes are complete.
Taxes (295.81; 295.82)
Retail sales of taxable cannabis products are subject to the state and local sales and use tax
and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows:
20% to the local government cannabis aid account and 80% to the state general fund.
Local taxes imposed solely on sale of cannabis products are prohibited.
Cannabis retailers will be subject to the same real property tax classification as all other
retail businesses. Real property used for raising, cultivating, processing, or storing cannabis
plants, cannabis flower, or cannabis products for sale will be classified as commercial and
industrial property.
Page 10
General Authorities (cont.)
Retail Timing Restrictions (342.13)
Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and
10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day.
Operating Multiple Locations with One License
Certain cannabis licenses allow for multiple retail locations to be operated under a single
license, with the following limitations:
Retailers: up to five retail locations.
Mezzobusinesses: up to three retail locations.
Microbusinesses: up to one retail location.
Medical cannabis combination businesses: one retail location per congressional
district. Additionally, medical cannabis combination businesses may cultivate at more
than one location within other limitations on cultivation.
For all other license types, one license permits the operation of one location. Each retail
location requires local certification and/or registration.
Page 11
Zoning and Land Use
Buffer Guidelines (342.13)
State law does not restrict how a local government conducts its zoning designations for
cannabis businesses, except that they may prohibit the operation of a cannabis business
within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or
an attraction within a public park that is regularly used by minors, including playgrounds
and athletic fields.
Zoning Guidelines
While each locality conducts its zoning differently, a few themes have emerged across the
country. For example, cannabis manufacturing facilities are often placed in industrial
zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis
retail facilities align with general retail establishments and are prohibited from allowing
consumption or use onsite, and are also required to have plans to prevent the visibility of
cannabis and hemp-derived products to individuals outside the retail location. Industrial
hemp is an agricultural product, and should be zoned as such.
Cannabis businesses should be zoned under existing zoning ordinances in accordance with
the license type or endorsed activities held by the cannabis business. Note that certain
types of licenses may be able to perform multiple activities which may have different
zoning analogues. In the same way municipalities may zone a microbrewery that
predominately sells directly to onsite consumers differently than a microbrewery that sells
packaged beer to retailers and restaurants, so too might a municipality wish to zone two
microbusinesses based on the actual activities that each business is undertaking. Table 1,
included on Pages 13 and 14, explains the types of activities that cannabis businesses might
undertake, as well as, some recommended existing zoning categories.
Page 12
Endorsed Activity
License Type
Eligible to Do
Endorsed Activity
Description of Activity Comparable
Districts
Municipal
Considerations
Cultivation
Cultivator
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
"Cultivation" means any
activity involving the planting,
growing, harvesting, drying,
curing, grading, or trimming
of cannabis plants, cannabis
flower, hemp plants, or hemp
plant parts.
Indoor:
Industrial,
Commercial,
Production
Outdoor:
Agricultural
Odor
Potential need for
transportation from
facility
Waste, water, and
energy usage
Security
Cannabis
Manufacturing,
Processing,
Extraction
Manufacturer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This group of endorsed
activities turn raw, dried
cannabis and cannabis parts
into other types of cannabis
products, e.g. edibles or
topicals.
Industrial,
Commercial,
Production
Odor
Potential need for
transportation from
facility
Waste, water, and
energy usage
Security
Hemp
Manufacturing
Lower-Potency
Hemp Edible
(LPHE)
Manufacturing
These business convert hemp
into LPHE edible prodcuts.
Industrial,
Commercial,
Production
Odor
Waste, water, and
energy
Wholesale
Wholesale
Cultivator
Manufacturer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This activity and license type
allows a business to purchase
from a business growing or
manufacturing cannabis or
cannabis products and sell to
a cannabis business engaged
in retail.
Industrial,
Commercial,
Production
Need for
transportation from
facility
Security
Page 13
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities
Page 14
Endorsed Activity
License Type
Eligible to Do
Endorsed Activity
Description of
Activity
Comparable
Districts
Municipal
Considerations
Cannabis Retail
Retailer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This endorsed
activity and license
types allow a business
to sell cannabis and
cannabis products
directly to
consumers.
Retail,
Neighborhood
Shopping Districts,
Light Industrial,
Existing districts
where off-sale liquor
or tobacco sales are
allowed.
Micros may offer
onsite consumption,
similar to breweries.
Micros and Mezzos
may include multiple
activities: cultivation,
manufacture, and/or
retail.
Transportation Cannabis
Transporter
This license type
allows a company to
transport products
from one license
type to another.
Fleet based business
that will own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Delivery Cannabis Delivery
This license type
allows for
transportation to the
end consumer.
Fleet based business
that will own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Events Event Organizer
This license entitles
license holder to
organizer a
temporary event
lasting no more than
four days.
Anywhere that the
city permits events
to occur, subject to
other restrictions
related to cannabis
use.
On site
consumption.
Retail sales by a
licensed or endorsed
retail business
possible.
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities (continued)
Local Approval Process
Local governments play a critical role in the licensing
process, serving as a near-final approval check on
cannabis businesses nearing the awarding of a state
license for operations. Once an applicant has been
vetted by OCM and is selected for proceeding in the
verification process, they are then required to receive
the local government’s certification of zoning
compliance and/or local retail registration before
operations may commence.
Local Certification of Zoning Compliance (342.13;
342.14)
Following OCM’s vetting process, local governments must certify that the applicant with
preliminary approval has achieved compliance with local zoning ordinances prior to the
licensee receiving final approval from OCM to commence operations.
During the application and licensing process for cannabis businesses, OCM will notify a
local government when an applicant intends to operate within their jurisdiction and request
a certification as to whether a proposed cannabis business complies with local zoning
ordinances, and if applicable, whether the proposed business complies with state fire code
and building code.
According to Minnesota’s cannabis law, a local unit of government has 30 days to respond
to this request for certification of compliance. If a local government does not respond to
OCM’s request for certification of compliance within the 30 days, the cannabis law allows
OCM to issue a license. OCM may not issue the final approval for a license if the local
government has indicated they are not in compliance.
OCM will work with local governments to access the licensing software system to
complete this zoning certification process.
Page 15
Local Approval Process (cont.)
Local Retail Registration Process (342.22)
Once the licensing process begins, local government registration applies to cannabis
retailers or other cannabis/hemp businesses seeking a retail endorsement. Local
governments must issue a retail registration after verifying that:
The business has a valid license or license preapproval issued by OCM.
The business has paid a registration fee or renewal fee to the local government;
Initial registration fees collected by a local government may be $500 or half the
amount of the applicable initial license fee, whichever is less, and renewal
registration fees may be $1,000 or half the amount of the applicable renewal
license fee, whichever is less.
The business is found to be in compliance with Chapter 342 and local ordinances.
If applicable, the business is current on all property taxes and assessments for the
proposed retail location.
Local registrations may also be issued by counties if the respective local government
transfers such authorities to the county.
Determining a Process for Limiting Retail Registrations
If a local government wishes to place a limitation on the number of retailers and
microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as
long as there is at least one retail location per 12,500 residents, see Page 10), state law
does not define the process for a local government’s selection if there are more applicants
than registrations available. A few options for this process include the use of a lottery, a
first-come/first-serve model, a rolling basis, and others. Local governments should work
with an attorney to determine their specific process for selection if they wish to limit the
number of licensed cannabis retailers per 342.13. Local governments are not required to
limit the number of licensed cannabis retailers.
Page 16
Local Approval Process (cont.)
Local governments are permitted specific authorities for registration refusal and
registration suspension, in addition to—and not in conflict with—OCM authorities.
Registration and Renewal Refusals
Local governments may refuse the registration
and/or certification of a license renewal if the
license is associated with an individual or business
who no longer holds a valid license, has failed to pay
the local registration or renewal fee, or has been
found in noncompliance in connection with a
preliminary or renewal compliance check.
Local Registration Suspension (342.22)
Local governments may suspend the local retail registration of a cannabis business or
hemp business if the business is determined to not be operating in compliance with a
local ordinance authorized by 342.13 or if the operation of the business poses an
immediate threat to the health and safety of the public. The local government must
immediately notify OCM of the suspension if it occurs. OCM will review the
suspension and may reinstate the registration or take enforcement action.
Expedited Complaint Process (342.13)
Per state law, OCM will establish an expedited complaint process during the rulemaking
process to receive, review, read, and respond to complaints made by a local unit of
government about a cannabis business. Upon promulgation of rules, OCM will publish
the complaint process.
At a minimum, the expedited complaint process shall require the office to provide an
initial response to the complaint within seven days and perform any necessary
inspections within 30 days. Within this process, if a local government notifies OCM
that a cannabis business poses an immediate threat to the health or safety of the public,
the office must respond within one business day.
Page 17
Inspections & Compliance Checks
Local governments are permitted specific business inspection and compliance check
authorities, in addition to—and not in conflict with—OCM authorities.
Inspections and Compliance Checks (342.22)
Local governments must conduct compliance
checks for cannabis and hemp businesses
holding retail registration at least once per
calendar year. These compliance checks must
verify compliance with age verification
procedures and compliance with any applicable
local ordinance established pursuant to 342.13.
OCM maintains inspection authorities for all
cannabis licenses to verify compliance with
operation requirements, product limits, and
other applicable requirements of Chapter 342.
Page 18
Municipal Cannabis Stores
State law requires OCM issue a license to a
city or county seeking to operate a single
municipal cannabis store if the city or
county:
As authorized in Chapter 342.32, local
governments are permitted to apply for
a cannabis retail license to establish and
operate a municipal cannabis store.
Submits required application information to OCM,
Meets minimum requirements for licensure, and
Pays applicable application and license fee.
A municipal cannabis store will not be included in the total count of retail licenses issued by
the state under Chapter 342.
A municipal cannabis store cannot be counted as retail registration for purposes of
determining whether a municipality’s cap on retail registrations imposed by ordinance.
Page 19
Creating Your Local Ordinance
Local governments may not prohibit the possession,
transportation, or use of cannabis, or the establishment
or operation of a cannabis business licensed under state
law.
Local governments may adopt reasonable restrictions on
the time, place, and manner of cannabis business
operations (see Page 11).
Local governments may adopt interim ordinances to
protect public safety and welfare, as any studies and/or
further considerations on local cannabis activities are
being conducted, until January 1, 2025. A public hearing
must be held prior to adoption of an interim ordinance.
If your local government wishes to operate a municipal
cannabis store, the establishment and operation of such
a facility must be considered in a local ordinance.
As authorized in 342.13, a local government may adopt a local ordinance regarding
cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in
a timely manner is critical for the ability for local cities or towns to establish local control as
described in the law, and is necessary for the success of the statewide industry and the
ability of local governments to protect public health and safety. The cannabis market’s
potential to create jobs, generate revenue, and contribute to economic development at
the local and state level is supported through local ordinance work. The issuance of local
certifications and registrations to prospective cannabis businesses is also dependent on
local ordinances.
Model Ordinance
For additional guidance regarding the creation of a cannabis related ordinance, please
reference the addendum in this packet.
Page 20
Additional Resources
OCM Toolkit for Local Partners
Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information,
including a toolkit of resources developed specifically for local government partners. The
webpage will be updated as additional information becomes available and as state
regulations are adopted.
These resources are also included in the addendum of this packet.
Toolkit resources include:
Appendix A: Model Ordinance
Appendix B: Retail Registration Form and Checklist
Appendix C: Hemp Flower and Hemp-Derived Cannabinoid Product Checklist
Appendix D: Enforcement Notice from the Office of Cannabis Management
Appendix E: Notice to Unlawful Cannabis Sellers
Local Organizations
There are several organizations who also have developed resources to support local
governments regarding the cannabis industry. Please feel free to contact the
following for additional resources:
League of Minnesota Cities
Association of Minnesota Counties
Minnesota Public Health Law Center
Page 21
Appendix A: Model Ordinance
Cannabis Model Ordinance
The following model ordinance is meant to be used as a resource for cities, counties, and townships within
Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering
using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction.
Certain items are not required to be included in the adopted ordinance: ‘OR’ and (optional) are placed
throughout for areas where a jurisdiction may want to consider one or more choices on language.
Section 1 Administration
Section 2 Registration of Cannabis Business
Section 3 Requirements for a Cannabis Business (Time, Place, Manner)
Section 4 Temporary Cannabis Events
Section 5 Lower Potency Hemp Edibles
Section 6 Local Government as a Retailer
Section 7 Use of Cannabis in Public
AN ORDINANCE OF THE (CITY/COUNTY OF ______) TO REGULATE CANNABIS
BUSINESSES
The (city council/town board/county board) of (city/town/county) hereby ordains:
Section 1. Administration
1.1 Findings and Purpose
(insert local authority) makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes,
chapter 342, which authorizes (insert local authority) to protect the public health, safety,
welfare of (insert local here) residents by regulating cannabis businesses within the legal
boundaries of (insert local here).
(insert local authority) finds and concludes that the proposed provisions are appropriate
and lawful land use regulations for (insert local here), that the proposed amendments will
promote the community's interest in reasonable stability in zoning for now and in the
future, and that the proposed provisions are in the public interest and for the public good.
1.2 Authority & Jurisdiction
A county can adopt an ordinance that applies to unincorporated areas and cities that have
delegated authority to impose local zoning controls.
(insert local authority) has the authority to adopt this ordinance pursuant to:
a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to
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.
b) Minn. Stat. 342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency
hemp edible retail businesses.
c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning
ordinances.
Ordinance shall be applicable to the legal boundaries of (insert local here).
(Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here).
However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has
not adopted conflicting provisions.
1.3 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
1.4 Enforcement
The elected body of a jurisdiction can choose to designate an official to administer and
enforce this ordinance.
The (insert name of local government or designated official) is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its requirements constitutes a misdemeanor
and is punishable as defined by law. Violations of this ordinance can occur regardless of
whether or not a permit is required for a regulated activity listed in this ordinance.
1.5 Definitions
1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01
and the rules promulgated pursuant to any of these acts, shall have the same meanings in
this ordinance.
2. Cannabis Cultivation: 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 and 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
approved by the office.
3. Cannabis Retail Businesses: A retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail
operations endorsement, medical combination businesses operating a retail location,
(and/excluding) lower-potency hemp edible retailers.
4. Cannabis Retailer: 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.
5. Daycare: 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.
6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to
as “OCM” in this ordinance.
8. Place of Public Accommodation: 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.
9. Preliminary License Approval: OCM pre-approval for a cannabis business license for
applicants who qualify under Minn. Stat. 342.17.
10. Public Place: 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.
11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
12. Retail Registration: An approved registration issued by the (insert local here) to a state-
licensed cannabis retail business.
13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that
must meet the reporting requirements under Minn. Stat. 120A.24.
14. State License: An approved license issued by the State of Minnesota’s Office of Cannabis
Management to a cannabis retail business.
Section 2. Registration of Cannabis Businesses
A city or town can delegate authority for registration to the County. A city or town can still adopt specific
requirement regarding zoning, buffers, and use in public places, provided said requirements are not in
conflict with an ordinance adopted under the delegated authority granted to the County.
2.1 Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within (insert
local here ) without first registering with (insert local here).
Any state-licensed cannabis retail business that sells to a customer or patient without valid
retail registration shall incur a civil penalty of (up to $2,000) for each violation.
Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
2.2 Compliance Checks Prior to Retail Registration
A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of
retail registration.
Prior to issuance of a cannabis retail business registration, (insert local here) (shall/shall
not) conduct a preliminary compliance check to ensure compliance with local ordinances.
Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license
application from OCM, (insert local here) shall certify on a form provided by OCM whether
a proposed cannabis retail business complies with local zoning ordinances and, if
applicable, whether the proposed business complies with the state fire code and building
code.
2.3 Registration & Application Procedure
2.3.1 Fees.
(insert local here) shall not charge an application fee.
A registration fee, as established in (insert local here )’s fee schedule, shall be charged to
applicants depending on the type of retail business license applied for.
An initial retail registration fee shall not exceed $500 or half the amount of an initial state
license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall
include the initial retail registration fee and the first annual renewal fee.
Any renewal retail registration fee imposed by (insert local here) shall be charged at the
time of the second renewal and each subsequent renewal thereafter.
A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal
state license fee under Minn. Stat. 342.11, whichever is less.
A medical combination business operating an adult-use retail location may only be
charged a single registration fee, not to exceed the lesser of a single retail registration fee,
defined under this section, of the adult-use retail business.
2.3.2 Application Submittal.
The (insert local here) shall issue a retail registration to a state-licensed cannabis retail
business that adheres to the requirements of Minn. Stat. 342.22.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here). Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail registration is
sought;
iv. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
v. (Insert additional standards here)
(B) The applicant shall include with the form:
i.the registration fee as required in [Section 2.3.1];
ii.a copy of a valid state license or written notice of OCM
license preapproval;
iii.(Insert additional standards here)
(C)Once an application is considered complete, the (insert local government
designee) shall inform the applicant as such, process the application fees, and
forward the application to the (insert staff/department, or elected body that will
approve or deny the request) for approval or denial.
(D)The application fee shall be non-refundable once processed.
2.3.3 Application Approval
(A)(Optional) A state-licensed cannabis retail business application shall not be
approved if the cannabis retail business would exceed the maximum number of
registered cannabis retail businesses permitted under Section 2.6.
(B)A state-licensed cannabis retail business application shall not be approved or
renewed if the applicant is unable to meet the requirements of this ordinance.
(C)A state-licensed cannabis retail business application that meets the requirements
of this ordinance shall be approved.
2.3.4 Annual Compliance Checks.
The (insert local here) shall complete at minimum one compliance check per calendar
year of every cannabis business to assess if the business meets age verification
requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24]
and this/these [chapter/section/ordinances].
The (insert local here ) shall conduct at minimum one unannounced age verification
compliance check at least once per calendar year.
Age verification compliance checks shall involve persons at least 17 years of age but under
the age of 21 who, with the prior written consent of a parent or guardian if the person is
under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products under the
direct supervision of a law enforcement officer or an employee of the local unit of
government.
Any failures under this section must be reported to the Office of Cannabis Management.
2.3.5 Location Change
A jurisdiction may decide to treat location changes as a new registration, or alternatively
treat a location change as allowable subject to compliance with the rest of the registration
process.
A state-licensed cannabis retail business shall be required to submit a new application for
registration under Section 2.3.2 if it seeks to move to a new location still within the legal
boundaries of (insert local here).
or
If a state-licensed cannabis retail business seeks to move to a new location still within the
legal boundaries of (insert local here), it shall notify (insert local here) of the proposed
location change, and submit necessary information to meet all the criteria in this
paragraph.
2.4 Renewal of Registration
The (insert local here) shall renew an annual registration of a state-licensed cannabis retail
business at the same time OCM renews the cannabis retail business’ license.
A state-licensed cannabis retail business shall apply to renew registration on a form
established by (insert local here).
A cannabis retail registration issued under this ordinance shall not be transferred.
2.4.1 Renewal Fees.
The (insert local here) may charge a renewal fee for the registration starting at the second
renewal, as established in (insert local here)’s fee schedule.
2.4.2 Renewal Application.
The application for renewal of a retail registration shall include, but is not limited to:
• Items required under Section 2.3.2 of this Ordinance.
• Insert additional items here
2.5 Suspension of Registration
2.5.1 When Suspension is Warranted.
The (insert local here) may suspend a cannabis retail business’s registration if it violates
the ordinance of (insert local here) or poses an immediate threat to the health or safety
of the public. The (insert local here) shall immediately notify the cannabis retail business
in writing the grounds for the suspension.
2.5.2 Notification to OCM.
The (insert local here) shall immediately notify the OCM in writing the grounds for the
suspension. OCM will provide (insert local here) and cannabis business retailer a response
to the complaint within seven calendar days and perform any necessary inspections within
30 calendar days.
2.5.3 Length of Suspension.
A jurisdiction can wait for a determination from the OCM before reinstating a registration.
The suspension of a cannabis retail business registration may be for up to 30 calendar
days, unless OCM suspends the license for a longer period. The business may not make
sales to customers if their registration is suspended.
The (insert local here ) may reinstate a registration if it determines that the violations have
been resolved.
The (insert local here) shall reinstate a registration if OCM determines that the violation(s)
have been resolved.
2.5.4 Civil Penalties.
Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) may impose a civil penalty,
as specified in the (insert local here)’s Fee Schedule, for registration violations, not to
exceed $2,000.
2.6 Limiting of Registrations
A jurisdiction may choose to set a limit on the number of retail registrations within its
boundaries. The jurisdiction may not however, limit the number of registrations to fewer
than one per 12,500 residents.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
no fewer than one registration for every 12,500 residents within (insert local legal
boundaries here).
(Optional) If (insert county here) has one active cannabis retail businesses registration for
every 12,500 residents, the (insert local here) shall not be required to register additional
state-licensed cannabis retail businesses.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
(insert number <= minimum required).
Section 3. Requirements for Cannabis Businesses
State Statutes note that jurisdictions may “adopt reasonable restrictions on the time, place, and manner
of the operation of a cannabis business.” A jurisdiction considering other siting requirements (such as a
buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis
to adopt such restrictions.
3.1 Minimum Buffer Requirements
A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis
business within a certain distance of schools, daycares, residential treatment facilities, or
from an attraction within a public park that is regularly used by minors, including a
playground or athletic field. Buffer requirements are optional. A jurisdiction cannot
adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction
should use a measuring system consistent with the rest of its ordinances, e.g. from lot
line or center point of lot.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-1,000] feet of a school.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of a day care.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of a residential treatment facility.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of an attraction within a public park that is regularly used by minors, including
a playground or athletic field.
(Optional) The (insert local here) shall prohibit the operation of a cannabis retail business
within [X] feet of another cannabis retail business.
Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in Section 3.1 shall prohibit an active
cannabis business or a cannabis business seeking registration from continuing operation
at the same site if a (school/daycare/residential treatment facility/attraction within a
public park that is regularly used by minors) moves within the minimum buffer zone.
3.2 Zoning and Land Use
For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses
can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also
determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot
outright prohibit a cannabis business. A jurisdiction should amend their Zoning
Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they
are permitted, conditional, or interim uses. While each locality conducts its zoning
differently, a few themes have emerged across the country. For example, cannabis
manufacturing facilities are often placed in industrial zones, while cannabis retailers are
typically found in commercial/retail zones. Cannabis retail facilities align with general
retail establishments and are prohibited from allowing consumption or use onsite and
are also required to have plans to prevent the visibility of cannabis and hemp-derived
products to individuals outside the retail location. Cannabis businesses should be zoned
under existing zoning ordinances in accordance with the license type or endorsed
activities held by the cannabis business.
3.2.1. Cultivation.
Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Manufacturer.
Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a
(type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Hemp Manufacturer.
Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted
as a (type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Wholesale.
Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Retail.
Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Transportation.
Cannabis businesses licensed or endorsed for transportation are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Delivery.
Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in
the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.3 Hours of Operation
State law limits the retail sale of cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products to the hours of:
• Monday-Saturday: 8 a.m.-2 a.m. the following day
• Sunday: 10 a.m.-2 a.m.
A local jurisdiction may adopt an ordinance prohibiting sales for any period between the
hours of 8 a.m.-10 a.m. and between 9 p.m.-2 a.m. the following day, seven days a week.
(Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
between the hours of (insert time here) and (insert time here).
3.4 (Optional) Advertising
Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the
building or property of the business, unless otherwise limited by (insert local here)’s sign
ordinances.
Section 4. Temporary Cannabis Events
Any individual or business seeking to obtain a cannabis event license must provide OCM information
about the time, location, layout, number of business participants, and hours of operation. A cannabis
event organizer must receive local approval, including obtaining any necessary permits or licenses issued
by a local unit of government before holding a cannabis event.
4.1 License or Permit Required for Temporary Cannabis Events
4.1.1 License Required.
A cannabis event organizer license entitles the license holder to organize a temporary
cannabis event lasting no more than four days. A jurisdiction should determine what type
of approval is consistent with their existing ordinances for events.
A license or permit is required to be issued and approved by (insert local here) prior to
holding a Temporary Cannabis Event.
4.1.2 Registration & Application Procedure
A registration fee, as established in (insert local here)’s fee schedule, shall be charged to
applicants for Temporary Cannabis Events.
4.1.3 Application Submittal & Review.
The (insert local here) shall require an application for Temporary Cannabis Events.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here). Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in (Section 4.1.2);
ii. a copy of the OCM cannabis event license application, submitted pursuant
to 342.39 subd. 2.
The application shall be submitted to the (insert local authority), or other designee for
review. If the designee determines that a submitted application is incomplete, they shall
return the application to the applicant with the notice of deficiencies.
(C) Once an application is considered complete, the designee shall inform the
applicant as such, process the application fees, and forward the application to the
(insert staff/department, or elected body that will approve or deny the request) for
approval or denial.
(D) The application fee shall be non-refundable once processed.
(E) The application for a license for a Temporary Cannabis Event shall meet the
following standards:
A jurisdiction may establish standards for Temporary cannabis events which the event
organizer must meet, including restricting or prohibiting any on-site consumption. If
there are public health, safety, or welfare concerns associated with a proposed cannabis
event, a jurisdiction would presumably be authorized to deny approval of that event.
• Insert standards here
(G) A request for a Temporary Cannabis Event that meets the requirements of this
Section shall be approved.
(H) A request for a Temporary Cannabis Event that does not meet the requirements
of this Section shall be denied. The (insert city/town/county) shall notify the
applicant of the standards not met and basis for denial.
(Optional) Temporary cannabis events shall only be held at (insert local place).
(Optional) Temporary cannabis events shall only be held between the hours of (insert start
time) and (insert stop time).
Section 5. (Optional) Lower-Potency Hemp Edibles
A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles. A
jurisdiction can consider including the following section and subsections in their cannabis ordinance.
5.1 Sale of Low-Potency Hemp Edibles
The sale of Low-Potency Edibles is permitted, subject to the conditions within this
Section.
5.2 Zoning Districts
If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency
Edibles can take place in. A jurisdiction can also determine if such activity requires a
Conditional or Interim Use permit.
Low-Potency Edibles businesses are permitted as a (type of use) in the following zoning
districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
5.3 (Optional) Additional Standards
5.3.1 Sales within Municipal Liquor Store.
A jurisdiction that already operates a Municipal Liquor Store may sell Low-Potency
Edibles within the same store.
The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store.
5.3.2 Age Requirements.
A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars.
The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years
of age or older.
5.3.3 Beverages.
The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements
of this Section.
5.3.4 Storage of Product.
A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles.
Low-Potency Edibles shall be sold behind a counter, and stored in a locked case.
Section 6. (Optional) Local Government as a Cannabis Retailer
(insert local here) may establish, own, and operate one municipal cannabis retail business
subject to the restrictions in this chapter.
The municipal cannabis retail store shall not be included in any limitation of the number
of registered cannabis retail businesses under Section 2.6.
(insert local here) shall be subject to all same rental license requirements and procedures
applicable to all other applicants.
Section 7. Use in Public Places
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 to permit on-site consumption of adult-use.
Appendix B: Retail Registration Form
and Checklist
Retail Registration Form and Checklist
Local Unit of Government:
Business Name:
Business Address:
Minnesota Cannabis Business License Number:
Registration Period
Initial Renewal
Cannabis Microbusiness ($0.00) Cannabis Microbusiness ($1000.00)
Cannabis Mezzobusiness ($500.00) Cannabis Mezzobusiness ($1000.00)
Cannabis Retailer ($500.00) Cannabis Retailer ($1000.00)
Is Applicant Current on All Property Tax and Assessments at Retail Location:
No Yes
Preliminary Local Ordinance Compliance: Pass Fail
Notes:
The above named applicant having paid the appropriate fees, being current on all
applicable tax obligations, and having passed a preliminary compliance review, is
authorized to engage in retail cannabis sales in the above named jurisdiction.
Approved By:
Title:
Date:
Appendix C: Hemp Flower and Hemp-
Derived Cannabinoid Product Checklist
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 1
Office of Cannabis Management
Department of Health
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist
Minnesota Statute 18K.02, Definitions
Minnesota Statute 152.01, Subdivision 9
Minnesota Statute 151.72, Sale of Certain Cannabinoid Products
Minnesota Statute 152.0264, Cannabis Sale Crimes
Minnesota Statute 342.09, Personal Adult Use of Cannabis
Question Yes No Comments Additional Information
Business License and Registration Compliance
Is the business registered with
the Minnesota Department of
Health?
All businesses selling hemp-derived cannabinoid products must
be registered. See Hemp-Derived Cannabinoid Products
(www.health.state.mn.us/people/cannabis/edibles/index.html)
If the business offers on-site
consumption, do they have a
liquor license?
Local authorities issue on-site consumption licenses. These are
required for all businesses permitting on-site consumption of
THC.
Product Compliance – All Products
Does the business ensure that all
sales are made to persons 21
years old or older?
Only persons 21 years of age or older may purchase hemp-
derived cannabinoid products, with the exception of topicals.
These products may be sold to anyone.
Does the business have all edible
cannabinoid products, except
beverages, behind the counter or
in a locked cabinet?
Businesses must ensure all edible cannabinoid products are
secure and inaccessible to customers.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 2
Question Yes No Comments Additional Information
Only delta-8 and delta-9 are
allowed for human consumption.
Does the business sell edibles or
beverages with any other
intoxicating cannabinoids?
MDH has identified products containing many different
intoxicating cannabinoids, such as HHC, THC-O, THC-P, PHC,
delta-10, delta-11, delta-8p, delta-9p, etc. The product must
contain only delta-8 and/or delta-9.
Does the business sell any edible
products that are similar to a
product marketed to or
consumed by children?
Edible products that appear similar to candy or snacks
marketed toward or consumed by children are not allowed.
Does the label on the edible or
beverage state “Keep out of
reach of children”?
All products must include the warning label “Keep out of reach
of children.”
Is the manufacturer’s name,
address, website, and contact
phone number included on the
label or provided through a QR
code?
If not, the product is not in compliance.
Does the QR code on the product
bring the user to a Certificate of
Analysis on the website, which
includes the name of the
independent testing laboratory,
cannabinoid profile, and product
batch number?
All products must be tested by batch in an independent,
accredited laboratory. The results must include the
cannabinoid profile.
Does the label on the product
indicate the cannabinoids by
serving and in total?
The label must indicate the potency by individual serving as
well as in total.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 3
Question Yes No Comments Additional Information
Does the label on the product
make any claim the product
offers any kind of health benefit?
Health claims are not permitted on hemp or cannabis products
unless approved by the FDA. At this time, there is not an
approved statement.
Does the label on the product
state that the product does not
claim to diagnose, treat, cure or
prevent any disease?
The manufacturer cannot claim the product will provide any
health benefit unless the product has been formally approved
by the FDA.
Does the business sell CBD (or
other forms of cannabidiol) in
the form of a softgel, tablet, or
tincture?
Non-intoxicating cannabinoids may only be sold in the form of
an edible, beverage, or topical. Therefore, softgels and tablets
cannot be sold. Tinctures must be labeled as either an edible or
beverage and comply with the edible or beverage
requirements.
Product Compliance – Edibles
Does the edible product contain
more than 5 mg delta-8 and/or
delta-9 per serving?
Edibles may not exceed 5 mg delta-8 and/or delta-9 per
serving.
Does the edible product
package/container contain more
than 50 mg total THC (delta-8
and/or delta-9)?
Edibles may not exceed 50 mg total delta-8 or delta-9 per
package. The edible cannot contain any other form of THC or
intoxicating cannabinoid.
Are all the edible product’s
servings clearly marked,
wrapped, or scored on the
product?
Edible product servings must be clearly distinguished on the
product. Bulk products that require the consumer to measure
are not allowed.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 4
Question Yes No Comments Additional Information
Does the business sell any edible
products in the shape of bears,
worms, fruits, rings, ribbons?
Edibles in shapes that appeal to children are not allowed.
Is the edible product in a child-
proof, tamper-evident, opaque
container?
All edibles must be in a container that is child-resistant and
tamper evident. If the container is clear, the business must
place the edible into an opaque bag at the point of sale. Clear
bags are not allowed.
Product Compliance - Beverages
Does the beverage product
contain more than 5 mg delta-8
or delta-9 per serving?
Beverages may not exceed 5 mg delta-8 and/or delta-9 per
serving.
Does the beverage product
contain more than 2 servings?
Beverages cannot exceed two servings, regardless of the THC
potency.
Is the beverage product in an
opaque container?
If the beverage is in a clear container, the business must place
the beverage in an opaque bag at the point of sale.
Product Compliance – Smokables (non-flower)
Does the business sell vapes, pre-
rolls, dabs, or other smokable
products which contain more
than 0.3% THC?
A product’s certificate of analysis will show the concentration
of THC the product contains. The certificate typically is found
through the QR code on the product package. In MDH’s
experience, most vapes contain 50% - 90%+ THC.
Pre-rolls may consist of raw hemp flower. These products are
not regulated by 151.72. However, if a pre-roll is labeled as
“infused” or “coated” have additional cannabinoids applied to
the material, of which the product typically exceeds the 0.3%
THC limit.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 5
Question Yes No Comments Additional Information
Does the business sell vapes, pre-
rolls, dabs, or other smokeable
products that contain other
intoxicating cannabinoids, such
as HHC?
MN Statutes do not allow any cannabinoid, other than delta-8
or delta-9, to be sold if the cannabinoid is intended to alter the
structure or function of the body. HHC is a cannabinoid known
to have potency greater than THC.
Does the business sell vapes, pre-
rolls, dabs, or other smokable
products which contain CBD?
Non-intoxicating cannabinoids cannot be smoked, vaped, or
inhaled.
Product Compliance – Flower
Does the business sell raw hemp
flower?
Raw hemp flower must contain 0.3% or less of delta-9 on a dry
weight basis. Products exceeding 0.3% delta-9 dry weight are
marijuana, and are illegal for sale.
THC-A is the non psychoactive precursor to delta-9. Once
heated THC-A converts to delta-9. In that process some
amount of THC-A is lost.
To determine whether, once heated, the hemp flower will
exceed the allowable 0.3% of delta-9, one can use a
decarboxylation formula which takes into account the
conversion of THC-A into delta-9.
That formula is as follows:
Total THC = (0.877 X THC-A) + d-9 THC)
Raw flower must include a certificate of analysis to show
testing below 0.3% delta-9.
• A lack of a certificate of analysis would constitute an
illegal sale.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 6
Question Yes No Comments Additional Information
• A certificate of analysis showing that under the
decarboxylation formula that delta-9 would exceed
the 0.3% threshold would also indicate the flower is
cannabis and not hemp and therefore being sold
illegally.
Product Compliance – On-Site Consumption
If the business offers on-site
consumption, do they serve the
edible or beverage in its original
packaging?
The business may not pour out or remove an edible from its
original packaging.
If the business offers on-site
consumption, do they mix a
cannabis-infused beverage with
alcohol?
The business may not mix cannabis-infused products with
alcohol.
If the business offers on-site
consumption, do they permit
customers to remove from the
premises products which have
been removed from their original
packaging?
Products which have been removed from their original
packaging cannot be removed from the premises by the
customer.
NOTE: If a person suspects that a hemp-derived cannabinoid product is being sold in violation of Minnesota law, they can use the complaint
form at Submitting Hemp-Derived Cannabinoid Product Complaints (www.health.state.mn.us/people/cannabis/edibles/complaints.html).
Appendix D: Enforcement Notice from
the Office of Cannabis Management
Enforcement Notice 1
Enforcement Notice from the Office of Cannabis
Management
Dear Registered Hemp Derived Cannabinoid Business:
The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing
the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota
Statutes Chapter 342.
When Minnesota legalized the sale of adult-use of cannabis flower, cannabis products, and lower-potency hemp
edibles/ hemp-derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota
Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of
Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or
retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal.
The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label
of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM,
inspectors from MDH will begin to examine any flower products being sold during their regular inspections to
determine whether they are indeed hemp flower or cannabis flower.
In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related
to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the
process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw
flower products will include reviewing the certificate of analysis for compliance in several areas, including:
Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA).
Products for sale without a COA will constitute an illegal sale.
A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3%
Delta-9 dry weight are considered marijuana and are therefore illegal to sell.
A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed
0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent
test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will
be considered illegal.
Minnesota Statutes, Chapter 342 governs Minnesota’s cannabis market, and empowers OCM to ensure
regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis
flower and cannabis products “without a license issued under this chapter that authorizes the sale.”
Enforcement Notice 2
To date, the Office of Cannabis Management has not issued any cannabis licenses, applications for licenses are
expected to be available in the first half of 2025. As such, selling cannabis is a clear violation of law. Be aware
that under Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of a $1 million for
violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any
product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules
adopted under this chapter[.]” Furthermore, violations of law may be considered in future licensing decisions
made by OCM.
As inspectors enter the field, we encourage you to review the products you are currently selling to ensure they
fall within the thresholds outlined above. If you have any questions related to the products you are selling,
please send an email to cannabis.info@state.mn.us.
Thank you for your attention to this matter.
Charlene Briner
Interim Director
Office of Cannabis Management
Appendix E: Notice to Unlawful
Cannabis Sellers
Notice to Unlawful Cannabis Sellers
This notice is to inform you that your current course of action may run afoul of Minnesota law, and
continuing this course of action may result in civil actions and potential criminal prosecution. To avoid
such outcomes, you should immediately cease and desist any plans to engage in the unlicensed sale of
cannabis and cannabis products.
Minnesota Statutes, Chapter 342 (www.revisor.mn.gov/statutes/cite/342) governs Minnesota’s
cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter
342.09, subdivision 4 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.4) prohibits the retail sale
of cannabis flower and cannabis products “without a license issued under this chapter that authorizes
the sale.” To date the Office of Cannabis Management has not issued any retail, or other, cannabis
licenses. As such, your plan to sell cannabis in a retail setting at this date would be in flagrant violation
of the law. Be aware that under Minnesota Statutes, 342.09, subdivision 6
(www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.6), OCM may assess fines in excess of a
$1,000,000 for violations of this law.
Likewise, under Minnesota Statutes, chapter 342.19 (www.revisor.mn.gov/statutes/cite/342.19), OCM
is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in
violation of this chapter or rules adopted under this chapter[.]” It is believed that products attempted
to be sold at your retail location might be distributed in violation of the law, and would therefore be
subject to embargo by OCM. Under Minnesota Statutes, chapter 342.19, subd. 2
(www.revisor.mn.gov/statutes/cite/342.19#stat.342.19.2), once embargoed OCM “shall release the
cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency
hemp edible, or hemp-derived consumer product when this chapter and rules adopted under this
chapter have been complied with or the item is found not to be in violation of this chapter or rules
adopted under this chapter.”
While Minnesota has legalized the sale of adult-use of cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions,
Minnesota Statutes, chapter 152.0264 (www.revisor.mn.gov/statutes/cite/152.0264), making illegal the
unlawful sale of cannabis. As there are not yet any licenses issued by OCM for the cultivation,
manufacture, wholesale, transportation, or retail of cannabis, any sales of cannabis products in excess of
the limits in 152.0264 is illegal.
If you are only planning to sell cannabinoid products that are derived from hemp, you should ensure that
the sale of those products is consistent with Minnesota Statutes, chapter 151.72
(www.revisor.mn.gov/statutes/cite/151.72), including but not limited to the requirement that your
business be registered with the Commissioner of Health, and that all products are in compliance with the
relevant statutes.
Finally, in addition to the state laws outlined above, please be aware that any retail location must be in
compliance with local government ordinances and zoning requirements.
OCM takes seriously its charge to enforce Minnesota Statutes, Chapter 342, and its responsibility to
ensure a safe and legal cannabis market. In order to avoid the above-described actions, all attempts to
open a cannabis retail dispensary in Minnesota without the appropriate license should be ceased.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 22nd day of August,2022, at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,to
consider an interim ordinance authorizing a study and imposing a moratorium on the establishment
of new uses or the expansion of existing uses related to the sale of THC products.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
CITY OF BROOKLYN CENTER
SUMMARY PUBLICATION
Ordinance No. 2022-02
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF
EXISTING USES RELATED TO THE SALE OF THC PRODUCTS
The Brooklyn Center City Council adopted the above-referenced interim ordinance establishing
a moratorium on the sale of cannabinoid products, as that term is now defined in state law. The
2022 Legislature adopted an amendment to Minnesota Statutes, section 151.72 which permits the
retail sale of edible cannabinoid products as of July 1, 2022. The act authorizes the Minnesota
Board of Pharmacy to enforce the law but provides no guidance regarding regulation. Brooklyn
Center, like most cities, is unprepared to regulate the sale of these products. The interim
ordinance declares a moratorium on such sales and authorizes a study to determine if and how
the City wishes to regulate sales. Medical cannabis and hemp products which could be sold
legally before July 1, 2022, are exempt from the moratorium. The ordinance is in effect 30 days
from this publication. The full text of the ordinance is available on the City's website and can be
obtained by contacting City Hall.
Adopted this 22nd day of August, 2022.
6"'W
ike Elliott, Mayor
ATTEST: htl 1,21//i /' t
City Clerk
Date of Publication: September 1, 2022
Effective Date: October 1, 2022
CITY OF BROOKLYN CENTER
Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on
Monday, August 28, 2023 at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will include a second
reading and proposed adoption of an ordinance prohibiting the use of cannabis and hemp products in
public places within the City of Brooklyn Center. Meeting materials can be accessed by visiting the
City of Brooklyn Center's website at: hLtps://www.ci.brooklyn-center.mn.us/. A definite time for this
ordinance to be considered cannot be given as it will depend on the progression of the agenda items.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Cleric at (763) 569-3300 to make arrangements.
ORDINANCE NO. 2023-05
AN ORDINANCE AMENDING CHAPTER 19 OF THE BROOKLYN CENTER CITY CODE
TO PROHIBIT THE USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAINS AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Chapter 19 Table of Contents, is hereby amended by
adding the following double -underlined language:
PROHIBITING USE OF CANNABIS AND HEMP PRODUCTS IN PUBLIC PLACES
Definitions . 19-4000
Use of Cannabis and Hemb Prohibited in Public Places . 19-4001
Penalties . . 19-4002
Section 2. Brooklyn Center City Code, Chapter 19, is hereby amended by adding Sections 19-
4000 through 19-4002 as follows:
Section 19-4000. DEFINITIONS. For purposes of this section, the following definitions
shall apply in the interpretation and enforcement of Sections 19-4000 through 19-4002.
Cannabis flower," "cannabis products," "lower -potency hemp edibles," and
hemp -derived consumer products" shall have the definitions given to them in
Minnesota Statutes, section 342,01, as it may be amended from time to time.
2. "Public place" is defined as any indoor or outdoor area that is used or held out for
use by the public whether owned or operated by public or private interests. Pursuant
to Minnesota Statutes, section 152.0263, subd. 5, "public place" does not include
the following: (i) a private residence, including the person's curtilage or yard; (ii)
private property not generally accessible by the public; and (iii) the premises of an
establishment or event licensed to permit on -site consumption of cannabis flower,
cannabis products, lower -potency hemp edibles, or hemp -derived consumer
products.
Section 19-4001. USE OF CANNABIS AND HEMP PROHIBITED IN PUBLIC
PLACES. No person shall use cannabis flower, cannabis products, lower -potency hemp edibles,
or hemp -derived consumer products in a public place.
Section 19-4002. PENALTIES. A violation of this section shall be considered a petty
misdemeanor notwithstanding any other penalty provision in the city code, and, upon conviction,
the violator shall be punished by a fine not to exceed $200.
Section 3. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Section 4. Effective Date. This Ordinance shall become effective after adoption and upon thirty
30) days following its legal publication.
Adopted this 28th day of August, 2023.
ATTEST: We2l
City Clerk
Date of Publication: September 7, 2023
Effective Date: October 7 2023
2
2,A.,,J
April draves, Mayor
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 1 Ith day of September, 2023, at
7:00 p.m. or as soon thereafter as the matter may be heard during a City Council meeting at City
Hall, 6301 Shingle Creek Parkway to consider an ordinance amending Chapter 23 of the City Code
regarding the licensing of the sale of edible cannabinoid products within the City of Brooklyn
Center. Meeting materials can be accessed by visiting the City of Brooklyn Center's website at:
https://www.ci.brooklyn-center.mn.us/. A definite time for this ordinance to be considered cannot be
given as it will depend on the progression of the agenda items.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763-569-3306 to make arrangements.
ORDINANCE NO.2023-06
AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY
CODE REGARDING THE LICENSING OF THE SALE OF EDIBLE CANNABINOID
PRODUCTS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Chapter 23 Table of Contents, is hereby amended by adding
the following double -underlined language:
EDIBLE CANNABINOID PRODUCTS
Purpose and Intent 23-2700
Definitions ......................................... - 2701
License . . 23-2702
Restrictions . . 23-2703
Allowed Sales and Prohibited Actions . . 23-2704
Signage .23-2705
Storage . 23-2706
Compliance Checks and Inspections .............................................................. 23-2707
Violations and Penalties . . 23-2708
Exceptions and Defenses . 23-2709
Section 2. Brooklyn Center City Code, Section 23-003.5, subd. 2 is hereby amended by adding the
following double -underlined language, with the remaining language of Section 23-003.5, subd. 2
remammg unchanged.
Subdivision 2. Criminal History License Background Investigations. The Brooklyn Center
Police Department is hereby required, as the exclusive entity within the City, to do a criminal
background investigation on the applicants for the following licenses within the city:
Tobacco Sales, Sections 23-101 through 23-108
Pawnbrokers, Sections 23-601 through 23-630
Secondhand Goods Dealers, Sections 23-650 through 23-678
Taxicabs, Sections 23-701 through 23-712
Saunas or Sauna Baths, Sections 23-1600 through 23-1615
Massage Parlors, Sections 23-1700 through 23-1720
Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups,
Escort Services, Model Services, Dating Services or Hostess Services, Sections 23-1800
through 23-1815
Charitable Gambling, Sections 23-1900 through 23-1904
Currency Exchanges, Sections 23-2201 through 23-2205
Edible Cannabinoid Products, Sections 23-2700 through 23-2709
Section 3. Brooklyn Center City Code, Section 23-006.05 is hereby amended by adding the
following double -underlined language and removing the striel language:
Section 23-006.05. PAYMENT PROPERTY TAXES REQUIRED. No license shall be
granted or renewed for tobacco related products; bowling alleys; entertainment; filling stations;
pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths;
massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups,
escort services, model services, dancing services, or hostess services; hospitality accommodations;
or -amusement devices; or Edible Cannabinoid Products for operation on any property on which
taxes, assessments, or other financial claims of the state, county, school district, or city are due,
delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section
278.01 through 278.03, questioning the amount or validity of taxes, the City Council may on
application waive strict compliance with this provision; no waiver may be granted, however, for
taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming
due.
Section 4. Brooklyn Center City Code, Chapter 23, is hereby amended by adding Sections 23-2700
through 23-2709 to read in their entirety as follows:
Edible Cannabinoid Products
Section 23-2700. PURPOSE AND INTENT
2
A. Minnesota Statutes, section 151.72 expressly allows the sale of certain products
that are intended to be eaten or consumed as a beverave by humans and which
contain a cannabinoid in combination with food ingredients ("Edible Cannabinoid
Products"), including Edible Cannabinoid Products which contain
tetrahvdrocannabinol
B. 2023 Session Law Chapter 63 (the "Cannabis Act") both amended regulations for
Edible Cannabinoid Products and established a framework for adult -use cannabis
in the state of Minnesota. The Cannabis Act established the Office of Cannabis
Management ("OCM") effective July 1, 2023, and the OCM will eventually issue
licenses for all cannabis products and edible hemp products, such as Edible
Cannabinoid Products, but does not cw ently require a business to obtain a license
to sell Edible Cannabinoid Products.
C. The City enacted Ordinance No an interim ordinance establishing
a temporary prohibition on the sale of Edible Cannabinoid Products, which has
expired, thereby leaving a regulatory gap between when businesses can begin
selling Edible Cannabinoid Products in the City and when businesses will be
required to obtain a state -level license to sell edible hemp products.
D. The City recognizes that, based on the most reliable and up-to-date scientific
evidence, the introduction of Edible Cannabinoid Products containing THC
presents a potential threat to the public health, safety, and welfare of the residents
of the City and has determined the establishing a licensing framework for Edible
Cannabinoid Products is in the best interest of the City and its residents.
E. State law does not preempt municipalities from adopting and enforcing local
ordinances to regulate retailers of Edible Cannabinoid Products including, but not
limited to, establishing business licensing requirements. The Cannabis Act directs
the OCM to draft administrative rules and model ordinances related to cannabis and
hemp products which may address Edible Cannabinoid Products, but the timing
and details of those regulations are uncertain. Therefore, the City Council
determines it is appropriate to adopt the regulations in this ordinance without delay.
F. In making these findings and enacting this ordinance, it is the intent of the City to
facilitate responsible retail activities associated with Edible Cannabinoid Products
by allowing legal sale and access without promoting increases in use, and to
discourage violations of Edible Cannabinoid Products -related laws, especially
those which prohibit or discourage the marketing, sale, or distribution of Edible
Cannabinoid Products to persons under the age of 21 years.
G. A licensing requirement for retail establishments that desire to sell Edible
Cannabinoid Products will not unduly burden legitimate business activities of such
retailers who sell or distribute Edible Cannabinoid Products to adults, but will allow
the City to effectively regulate the operation of lawful businesses, limit access to
persons under the age of 21 years, and discourage violations of Edible Cannabinoid
Product -related laws.
Section 23-2701. DEFINITIONS. Except as may otherwise be provided or clearly
implied by context, all terns shall be given their commonly accepted definitions. For the
purpose of Sections 23-2701 through 23-2709, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
A. "Compliance checks" means the system the City uses to investigate and ensure that
those authorized to sell covered products are following and complying with the
requirements of Sections 23-2701 through 23-2709. Compliance checks shall
involve the use of persons who have reached the age of 17, with parental or guardian
consent if under the age of 18 years, but who are under the age of 21 as authorized
by Sections 23-2701 through 23-2709. Compliance checks shall also mean the use
of persons who have reached the age of 17, with parental or guardian consent if
under the age of 18 years, but who are under the age of 21 who attempt to purchase
covered products for educational, research and training purposes as authorized by
state and federal laws. Compliance checks may also be conducted by other units of
government for the purpose of enforcing appropriate federal, state or local laws and
regulations relating to covered products.
B. "Edible Cannabinoid Product" has the same meaning as is contained in Minnesota
Statutes, section 151.72, subdivision 1 (f). For purposes of this Section, Edible
Cannabinoid Product shall not include any Exempt Product as defined in this
Section.
C. "Exclusive Liquor Store" means an establishment that meets the definition of
exclusive liquor store in Minnesota Statutes, section 340A.101, subdivision 10.
D. "Exempt Product" means an Edible Cannabinoid Product that contains less than
trace amounts of THC and which is not marketed or otherwise labeled as containing
THC. For example, an Edible Cannabinoid Product labeled and marketed as
containing cannabinoi ("CDB") but containing "0% THC" or being "THC Free"
would be considered an Exempt Product.
E. "Moveable place of business" means any form of business operated out of a
truck, van, automobile or other type of vehicle or transportable shelter and not
fixed -address storefront or other permanent type of structure authorized for
sales transactions.
F. "Retail Establishment" means anv place of business where Edible Cannabinoid
Products are available for sale to the general public. Retail establishments shall
include but are not limited to, exclusive liquor stores, grocery stores, convenience
stores tobacco stores, hemp stores, CBD stores, restaurants, and any other business
offering Edible Cannabinoid Products for sale at retail. Retail establishments shall
not include home occupations. Only businesses that are in compliance with all
applicable federal state and local laws rules regulations and ordinances
including zoning regulations, may be considered a retail establishment.
G. "Sale" means any transfer of goods for money, trade, barter or other
consideration.
H. "Self-service merchandising" means open displays of Edible Cannabinoid
Products in any manner where any person shall have access to the Edible
Cannabinoid Products without the assistance or intervention of the licensee or
the licensee's employee The assistance or intervention shall entail the actual
physical exchange of the covered products between the customer and the
licensee or employee. Self- service sales are interpreted as being any sale where
there is not an actual physical exchange of the covered product between the
cleric and the customer.
I "Vending machine" means any mechanical, electric or electronic, or other type
of device that dispenses tobacco, tobacco products or tobacco -related devices
upon the insertion of money, tokens or other f6im of payment directly into the
machine by the person seeking to purchase the covered product.
J. "Youth Oriented Facility" means a public or private elementary, middle, or
high school a state -licensed child or day care program with more than ten
children and any City park.
Section 23-2702. LICENSE
A. License Required No person shall directly or indirectly or by means of a
vending machine or similar device keep for retail sale, sell at retail, or otherwise
dispense any Edible Cannabinoid Product at any place in the City of Brooklyn
Center unless a license therefor shall first have been obtained as provided in
Sections 23-2701 through 23-2709. The City will only issue an Edible
Cannabinoid Product license to a retail establishment located within the City.
No license shall be required to sell or offer for sale any Exempt Product.
B. Application. An application for a license to sell Edible Cannabinoid Products shall
be made on a form provided by the city. The application shall contain the full name
of the applicant the applicant's residential and business addresses and telephone
numbers the name of the business for which the license is sought, and any
additional information the city deems necessary. If the City Clerk detemines that
an application is incomplete the application shall be returned to the applicant with
notice of the information necessary to make the application complete. Upon receipt
of a completed application the City Clerk shall forward the application to the
police department for investigation The police department shall conduct an
investigation of the applicant and application regarding the fitness of the
applicant to hold a license pursuant to the standards set forth in Sections 23-
2701 through 23-2709, and retort the results of its investigation to the Ciiv
Clerk within 30 days of receipt of the application.
C. Action. The City Clerk shall forward the application for consideration by the
City Council at is next regularly scheduled City Council meeting. The City
Council may either approve or deny the license, or it may delay action for a
reasonable period of time as necessary to complete any investigation of thee__
application or the applicant it deems necessary.
D. Fees. No application for a license under Sections 23-2701 through 23-2709
shall be accepted until the appropriate license or investigation fee is paid in full.
The fee(s) shall be established by the City Council by resolution from time to
time.
E. Transfers. All licenses issued under Sections 23-2701 through 23-2709 shall
be valid only on the premises for which the license was issued and only for
the person to whom the license was issued.
F. Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed -location businesses shall be eligible to be licensed under_
Sections 23-2701 through 23-2709.
G. Term. All licenses issued under this Section shall be valid until March 1 2025
or until the license holder is issued a license by the State of Minnesota Office
of Cannabis Management for the sale of lower -potency hemp edibles,
whichever occurs first.
Section 23-2703. RESTRICTIONS.
A. The following shall be grounds for denying the issuance of a license under
Sections 23-2701 through 23-2709.
1. The applicant is under 21 years of age.
2. The applicant has been convicted within the past five years of any
violation of a federal, state, or local law, ordinance provision, or other
regulation relating to Edible Cannabinoid Products.
3. The applicant has had a license to sell Edible Cannabinoid Products
revoked or suspended within the past five years.
4. The applicant fails to provide any information required on the
application, or provides false or misleading information.
5. The applicant is prohibited by federal, state, or other local law,
ordinance, or regulation from holding such a license.
6. The applicant does not meet all applicable zoning requirements.
7 The applicant proposes to sell Edible Cannabinoid Products in a manner
that does not comply with this chapter or Minnesota Statutes, section
151.72.
8. The applicant proposes to sell Edible Cannabinoid Products for any
premises that is not a retail establishment or proposed to sell Edible
Cannabinoid Products in a manner that does not comply with this
Section.
9 The applicant proposes to sell Edible Cannabinoid Products within 500
feet of a Youth Oriented Facility.
B. No license may be issued:
1. To any applicant who has fees or charges to the City or Hennepin
County that are due and unpaid.
2. For any premises for which property taxes or City utility charges are due
and unpaid.
Section 23-2704. ALLOWED SALES AND PROHIBITED ACTIONS.
A. Sales of Edible Cannabinoid Products must be made in accordance with the
following:
1 In accordance with all requirements on Minnesota Statutes, section
151.72, including, but not limited to, the requirement that the licensee
verify the age of all customers.
2. Must include a face-to-face exchange of an Edible Cannabinoid Product
between the licensee or licensee's employee and the customer. Licensee
may not engage in sales over the phone, via the internet or other remote
means, and may not delivea Edible Cannabinoid Products or engage in
curbside pickup of Edible Cannabinoid Products.
3. For on -site consumption if the following conditions are met:
a The Edible Cannabinoid Product being offered is intended to be
consumed as a beverage;
b The licensee is also licensed under Minnesota Statutes, section
340A for on -sale liquor; and
C. The licensee meets all other requirements and conditions for on -
site consumption of Edible Cannabinoid Products provided in
Minnesota Statues, section 151.72, subdivision 3 (D.
B. it shall be a violation of Sections 23-2701 through 23-2709 for any person to
sell or offer to sell any Edible Cannabinoid Product:
1. By a vending machine:
2. By self-service displays
3. By means of sampling or providing covered products free of charge or
at a nominal cost or
4. By any other means, to any person, in any other manner or form
prohibited by state or local law, ordinance provision, or other regulation.
C. No person shall sell any Edible Cannabinoid Product to any person under the
age of 21.
Section 23-2705. SIGNAGE. At each location where Edible Cannabinoid Products are
sold the licensee shall display a sign in plain view to provide public notice that selling any of
these products to any person under the age of 21 is illegal and subject to penalties. The notice
shall be placed in a conspicuous location in the licensed establishment and shall be readily
visible to any person who is purchasing or attempting to purchase these products. The sign
shall provide notice that all persons responsible for selling these products must verify, by
means of photographic identification containing the bearer's date of birth, the age of any
person attempting to purchase Edible Cannabinoid Products in accordance with Minnesota
Statutes section 151.72 subdivision 5c.
Section 23-2706. STORAGE. All Edible Cannabinoid Products must be stored in
compliance with Minnesota Statutes, section 151.72.
Section 23-2707. COMPLIANCE CHECKS AND INSPECTIONS. All licensed
premises shall be open to inspection by the City police or other authorized City official during
regular business hours. From time to time, but at least twice per year, the City shall conduct
compliance checks by engaging persons over the age of 17 years, with written permission
from a parent or guardian for persons under the age of 18 years, but less than 21 years to enter
the licensed premise to attempt to purchase covered products. Persons under the age of 21
used for the purpose of compliance checks shall be supervised by City designated law
enforcement officers or other designated City personnel. No person used in compliance
checks shall attempt to use a false identification misrepresenting the person's age, and all
persons lawfully engaged in a compliance check shall answer all questions about the person's
age asked by the licensee or his or her employee and shall produce any identification, if
any exists, for which the person is asked.
Section 23-2708. VIOLATIONS AND PENALTIES.
A Licensees responsible. All licensees are responsible for the actions of their
employees in regard to the sale of Edible Cannabinoid Products on the
licensed premises and the sale of a covered product by an employee shall
be considered a sale by the licensee_ for the purposes of constituting a license
violation under this Section.
B. Misdemeanor prosecution. Nothing in this Section shall prohibit the City from
seeking prosecution as a misdemeanor for any alleged violation of Sections 23-
2701 through 23-2709.
C. Administrative penalties.
1 Licensees If a licensee or employee of a licensee sells covered
products to a person under the age of 21 years or violates any other
provision of Sections 23-2701 through 23-2709 the licensee shall be
charged an administrative penalty of $200 An administrative
penalty of $500 shall be imposed for a second violation at the same
location within 24 months after the initial violation. For a third or
subsequent violation at the same location within 24 months after the
initial violation an administrative penalty of $750 shall be imposed
and the licensee's authority to sell covered products at that location
shall be suspended for not less than 30 days. Upon a fourth violation,
the license will be revoked.
2 Other individuals. Other individuals found to be in violation of
Sections 23-2701 through 23-2709 shall be charged an
administrative fine of $50.00.
3 Statutory penalties. If the administrative penalties authorized to be
imposed by Minnesota Statutes, Section 461.12, as it may be
amended from time to time, differ from those established in this
Section, then the more severe penalty shall prevail.
D. License revocation or suspension. In addition to misdemeanor prosecution
and administrative penalties, violation of Section 23-2701 through 23-
2709 is grounds for revocation or suspension under Section 23-006.
Section 23-709 EXCEPTIONS AND DEFENSES Nothing in this Section shall
prevent the providing of an Edible Cannabinoid Product to a person under the age of 21 as
part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an
affinnative defense to the violation of this ordinance for a person to have reasonably relied
upon proof of age.
Barb Suciu, City Clerk
Date of Publication: August 31, 2023
n "', T
April raves, Mayor
10