File #: 24-056-O    Name:
Type: Ordinance Status: Second Reading
File created: 11/4/2024 In control: Public Safety
On agenda: 11/12/2024 Final action:
Title: ORDINANCE ADDING A NEW CHAPTER 8A TO THE DULUTH CITY CODE REGULATING CANNABIS BUSINESSES AND AMENDING SECTION 12-2(k) OF CHAPTER12 ADDING VIOLATIONS OF CHAPTER 8A.
Title
ORDINANCE ADDING A NEW CHAPTER 8A TO THE DULUTH CITY CODE REGULATING CANNABIS BUSINESSES AND AMENDING SECTION 12-2(k) OF CHAPTER12 ADDING VIOLATIONS OF CHAPTER 8A.

Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Chapter 8A be added to the Duluth City Code as follows:

CHAPTER 8A

CANNABIS.

Article 1. Cannabis

Sec. 8A-1. Findings and Purpose.
The purpose of this ordinance is to implement the provisions of Minnesota Statutes, Chapter 342, which authorizes the city of Duluth to protect the public health, safety, welfare of the city's residents by regulating cannabis businesses within the city.
Sec. 8A-2. Authority & Jurisdiction.
(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.
Sec. 8A-3. Definitions.
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 Section:
(a) 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 OCM.
(b) Cannabi...

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