City Council Ordinance 783Ordinance No. 783
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN INTERIM ORDINANCE PROHIBITING THE MANUFACTURING AND
DISTRIBUTION OF PRODUCTS CONTAINING THC
NOW, THEREFORE, the City Council of the City of Monticello does ordain:
SECTION 1. BACKGROUND.
1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature
amended Minn. Stat. § 151.72 and permitted the sale of edible and nonedible
cannabinoid products that contain no more than 0.3% and more than 0.0% of
Tetrahydrocannabinol, commonly known as THC ("Products Containing THC').
2. The new law does enact some requirements for labeling and testing, but the law
provides no parameters regulating production, compliance checks, or sales of Products
Containing THC. The new law does not prohibit local regulation.
3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance
a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect
the public health, safety, and welfare. Specifically, the City is authorized to enact a
moratorium ordinance to allow it to undertake a study to determine whether to adopt
any regulations or restrictions, including siting and location of uses, sales, testing,
manufacturing and distribution of Products Containing THC.
4. Pursuant to its general police powers, including but not limited to, Minn.
Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on
Products Containing THC within the City to protect the public safety, health, and
welfare, including restrictions and a moratorium on the land use location of sales,
testing, manufacturing, and distribution, during the pendency of a study to determine
the need for police power regulations, including but not necessarily limited to licensing
and permitting.
SECTION 2. FINDINGS.
1. The City Council finds there is a need to study Products Containing THC and uses and
businesses related thereto, in order to assess the necessity for and efficacy of regulation
and restrictions relating to the manufacturing and distribution of Products Containing
THC, including through licensing or zoning ordinances, in order to protect the public
health, safety, and welfare of its residents.
2. The study will allow the City Council to determine the appropriate changes, if any, that
it should make to City ordinances.
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3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium
of the manufacturing and distribution of Products Containing THC within the City
while City staff studies the issue.
SECTION 3. MORATORIUM.
1. No individual, establishment, organization, or business may manufacture, or distribute
Products Containing THC for twelve (12) months from the effective date of this
ordinance.
2. The City shall not issue any license or permit related to manufacturing or distribution
of Products Containing THC for twelve (12) months from the effective date of this
ordinance. No license or permit application, of any kind, by any individual,
establishment, organization, or businesses involved in the proposed manufacturing, or
distribution of Products Containing THC within the City of Monticello shall be
accepted or considered for twelve (12) months from the effective date of this ordinance.
3. Planning or zoning applications related to Products Containing THC or applications
from individuals, establishments, organizations, or businesses involved in the proposed
manufacturing or distribution of Products Containing THC within the City of
Monticello shall not be accepted or considered for twelve (12) months from the
effective date of this ordinance.
4. This moratorium does not apply to the selling, testing, manufacturing, or distributing
of Products Containing THC related to the Medical Cannabis Program as administered
by the Minnesota Department of Health, provided that such activity is done in
accordance with the regulations and laws of Minnesota regarding Medical Cannabis.
SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation
regarding the manufacturing or distribution of Products Containing THC within the City of
Monticello. Staff must also study the need for creating or amending zoning ordinances, licensing
ordinances, or any other ordinances to protect the citizens of Monticello from any potential
negative impacts of Products Containing THC. Upon completion of the study, the City Council,
together with such commission as the City Council deems appropriate or, as may be required by
law, will consider the advisability of adopting new ordinances or amending its current ordinances.
SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus,
injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City
Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate
any legal action deemed necessary to secure compliance with this Ordinance. A violation of this
Ordinance is also subject to the City's general penalty in City Code § 10.99.
SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established
under this Ordinance shall remain in effect until twelve (12) months from its effective date, at
which point, it will automatically expire.
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SECTION 7. EFFECTIVE DATE. This Ordinance is in full force and effect from August 22,
2022 after passage by the City Council.
ADOPTED by the Monticello City Council 22nd day of August, 2022.
G
Lloyd Hilgart, `MayoriZ
Date:
ATTEST
SUhreib&f, City Clerk
ate:
Ayes: Davidson, Fair, Gabler, Hilgart, and Murdoff
Nays: None
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