pc-agenda-mar-13-23
REGULAR MEETING AGENDA
Planning Commission meetings are being conducted in a hybrid format with in‐person and remote
options for attending, participating, and commenting. The public can make statements in this meeting
during the planned public comment sections. Some members of the Commission may attend virtually.
Members of the public may attend virtually by following instructions below.
Remote Attendance/Comment Options: Members of the public may attend this meeting by watching
on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1‐415‐655‐0001
and entering access code 2461 602 1811.
1. Call to Order & Land Acknowledgement
2. Approval of Agenda
3. Discussion – Off Street Parking
4. Discussion – THC Legislation
– End of Televised Portion of Meeting –
To listen to this portion, please call 1‐415‐655‐0001 and enter meeting access code 2461 602 1811
5. Council Liaison Report
6. Other Business
a. Reports on Board of Zoning Appeals and Other Meetings
7. Adjournment
March 13, 2023 – 6:30 pm
Council Chambers
Hybrid Meeting
3
commercial parking in the city, and so would have a noticeable impact through tying such a
requirement to reconstruction. Similar to St. Louis Park, the actual required stations could be tied
to the size or number of spaces in the parking lot, with larger lots carrying higher requirements.
As suggested by the EC, an option for a higher‐level charging station could be applied for a lower
number of overall stations. In staff’s view, keeping level 3 stations as an option rather than a
requirement makes sense, as the cost and voltage requirements for these stations can increase
dramatically, and they may not be either economical or feasible for a property owner, compared
to a higher number of level 2 stations.
Given that structured parking has its own electrical requirements, the City could potentially
incentivize or encourage EV charging. The most obvious incentive that could be provided would be
a reduction in minimum required parking. However, city may not wish to reduce parking for uses
like multifamily, with which structured parking is most commonly associated.
Green Space/Permeable Pavers
Currently, off‐street parking calls for both external and internal landscaping in relation to surface
lots. External landscaping requirements apply in the R‐3, R‐4, Institutional, Office, Commercial,
Light Industrial, and Industrial Districts. They essentially act like structure setbacks, ensuring a
portion of the property is maintained as pervious open space along its boundaries, with the only
allowed exception being driveway access from public/private streets. No standards for plantings,
ground cover, etc., are provided in code in relation to external landscaping; however, they do
share similarity to a different section of the code regarding “Buffers”:
Buffers. If off‐street parking lots are located on the periphery of sites and in view of adjacent and
nearby properties, the City will require them to be screened with trees, shrubs, fencing, decorative
walls, berms or some combination of these in setback areas along one or more lot lines.
This section is somewhat vague in terms of how to apply “in view of adjacent and nearby
properties,” but seems to be intended to add a more substantial screening/vegetating
requirement to the previously mentioned external landscaping section. It may make sense to
consolidate the two section into the external landscaping requirements, and to highlight trees,
shrubs and plantings over fences and berms, if the intention is to encourage additional greenery
around parking.
Internal Landscaping Requirements are not tied to a particular zoning district but instead apply to
surface lots over a certain size threshold:
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Internal Landscaping. Parking lots designed and constructed for more than 40 off‐street parking
spaces shall have at least four percent of the interior of the parking lot landscaped with vegetation
including shade trees. Each landscape break shall occur approximately every 24 spaces. Such
landscaping is expected to be in traffic islands, other islands or other areas used for drainage or
light standard or exclusive landscape islands located within the interior portion of the parking lot.
Such landscaped areas shall not be considered as impervious if essentially the ground is left open.
A landscape plan shall be submitted as part of the required site plan. The landscape plan shall be
approved by the City Manager or his/her designee. All landscaping shall be guaranteed with a
financial security for a period of one full growing season.
The benefits of internal landscaping are significant, and are obviously balanced with the trade off
for the property owner that it leaves less land available for parking spaces. But introducing shade
trees to otherwise impervious parking lots helps mitigate the urban heat island effect by cooling
pavement, and areas of pervious surface also reduces the amount of storm water runoff. Similarly,
to the external and buffer requirements, a hard standard is not established for plantings, and
shade trees themselves are not explicitly mandated. This may in part be due to practical
limitations of certain lot configurations. Trees and tall shrubs can be an issue in terms of visibility if
not planned for, and especially in the case of a lot reconstruction (as opposed to planning from
scratch) they may not be feasible to include. In all cases where the internal landscaping
requirement is triggered however, a landscaping plan is required.
Staff thinks the current landscaping requirements make sense for introducing more greenspace in
the cases of new surface parking, or reconstruction of existing parking. Given the opportunity to
make changes with the larger chapter amendment, staff would suggest:
Incorporating buffer/vegetation requirements to external landscaping, potentially focusing
on side rear yards to better screen from adjacent properties.
Making explicit that landscaping areas will be pervious greenspace
Attachments
Environmental Commission Comments (1 page)
1
Date: March 13, 2022
To: Golden Valley Planning Commission
From: Myles Campbell, Planner
Subject: Introduction of Zoning Discussion around THC
Summary
In 2022, the state legislature of Minnesota opened up the regulations regard
Tetrahydrocannabinol (THC) products that were sold for recreational consumption in
Minnesota. In response, the City adopted a new licensing ordinance regarding THC retailers and
also set in place standards in zoning code to regulate the locations of such retailers.
Based on legislative updates provided to staff by the League of Minnesota Cities, it appears
increasingly likely that a more substantial bill than last year’s will be passed by the state
government, expanding the range of THC products provided on the market. In anticipation of
such a bill, staff is introducing the topic early on to Planning Commission to get a stronger
foundation for what will be changing with the Minnesota THC industry, and what local controls
the City can look into establishing to regulate the new land uses introduced.
Existing Standards Review
Prior to 2022, Minnesota had allowed for food and beverage products containing hemp‐derived
cannabinoids, including hemp‐derived THC. The major change in last year’s piece of legislation was
to further expand the allowed products to include up to .3% Delta‐9 THC. Delta‐9 THC is still
hemp‐derived THC, but is more potent than what was previously allowed in statute. New
legislation beyond setting the .3% cap in terms of ingredients, also limited products to less then 50
milligrams of total THC. In addition to products containing THC, the legislature hoped the changes
would clarify the ability to sell products containing non‐toxicating Cannabidiol (CBD).
In response to changes in state law, Golden Valley took principal steps as a response. Firstly,
licensing requirements were established for retailers, providing the City with an opportunity to
review their sales practices and that they would be able to meet the standards laid out in state
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statute. Along with licensing, the City also used standards initially established for tobacco retailers
in zoning code and based proximity restrictions for THC retailers on them. Given the limited scope
of the state statute, all local controls were focused solely on retailers on THC products.
Proposed Statute
House File 100 is a bill that is commonly being reported on as a cannabis/marijuana legalization
bill, and would make Minnesota the 22nd state to fully legalize recreational use of cannabis.
Compared to last year’s bill, which at the time was criticized for its somewhat vague language and
lack of broader discussion, HF 100 is much more complex in the regulations it sets out for cannabis
products. As of March 2nd, the bill had been reviewed by 11 House committees and 8 senate
committees, and is largely anticipated to be passed at some point in the 2023 legislative session.
Unlike last year’s amended language, this bill is far more substantial, including but not limited to:
definitions
establishment of a new state level oversight office
an advisory council
business regulations, food safety practices, and environmental standards
regulations on personal use/consumption
State Licensing
tax structure
expungement of certain cannabis offenses
While it is useful for the city to understand how these new regulations may shape the emerging
cannabis industry, for Planning Commissions purposes what is most relevant is likely what local
municipalities (here Golden Valley) would be allowed to regulate. Section 13 of the bill, “Local
Control” has been included as an attachment with this memo, and includes 8 provisions regarding
the empowerment of local units of government in regards to cannabis operations.
Items (a) and (b) under section 13 state that local governments may not prohibit either the
personal possession or use of cannabinoid products, nor prohibit any licensed cannabis business.
Licensed cannabis businesses would include both consumer‐facing retail uses, but also cultivation
and manufacturing uses. Outside of THC retailers, which did have zoning regulations put in place
last summer, the City does not call out other types of THC businesses. Given that it may be
impossible to prohibit these uses, the City may elect to define these types of land uses in code to
either establish allowed zoning districts, or any restrictions on the uses themselves.
While the statute disallows outright prohibition of cannabis‐related industries, it does preserve
local oversight in item (c) which allows local units of government to “adopt reasonable restrictions
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on the time, place, and manner” of the cannabis related business. It also explicitly allows for a
similar proximity buffer as already established in city code. This language would allow the City to
zone cannabis uses to certain districts, to establish them as conditional uses in districts, or to set
restrictions such as a proximity buffer on their allowance in zoning districts.
Initial Considerations
Given changes in state statute for cannabis businesses, staff is anticipating the need to amend City
Code in order to more wholly react to the emerging industry.
In the case of licensing, the City may be able to reduce or scale back its requirements, given that a
new state oversight office and comprehensive licensing system is being established. This would
allow the City to shift the burden of regulatory oversight to the state and preserve its own staffing
resources.
For zoning, the City would need to examine its current allowed land uses and see where new land
uses might fall. In staff’s initial review the following uses would potentially be impacted:
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Land Use Description C LI I O Relevant Cannabis License
Holder Use
Retail establishments that sell THC
products R X X X
Cannabis Retailer, medical
cannabis retailer, lower potency
edible retailer
Laboratories (medical, dental, or
research and development) X C C C Cannabis Testing Facility
Bakeries (commercial/wholesale) X C C X Cannabis Manufacturer, Medical
Cannabis Processor
Food packaging and processing that
does not involve cooking, heating,
smoking, soaking, or marinating
procedures
X P P X
Cannabis Manufacturer, Medical
Cannabis Processor
Food packaging and processing that
involves cooking, heating, smoking,
soaking, or marinating procedures
X C C X
Cannabis Manufacturer, Medical
Cannabis Processor
General manufacturing uses, including
the compounding, assembly, or
treatment of articles or materials
X X P X
Cannabis Manufacturer, Medical
Cannabis Processor
Packaging and/or bottling of soft drinks
or dairy products X C C X Cannabis Manufacturer, Medical
Cannabis Processor
Greenhouses X P P X Cannabis Cultivator (craft; bulk),
Medical Cannabis Cultivator
Wholesale-retail distribution centers X P P X Cannabis Wholesaler, Cannabis
Transporter
Accessory retail services and/or sales
incidental to a permitted use,
conducted in an area less than 10
percent of the building's gross floor
area
X C C X
Related to above non-retail uses
(cultivation, processing, etc.)
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In examining the list of impacted uses, it may be that the City is comfortable with certain uses
falling under larger umbrella categories. For example, the City already handles lab uses as a
conditional use in its industrial and office zoning districts. This may be sufficient local control for
managing a testing facility use that wished to locate within the City. In other cases, the City could
separately identify a cannabis use where it wanted to be more restrictive than in how it handles
similar uses. For example, greenhouse uses are allowed by right in all industrial districts, but the
City may wish to have more built‐in control of over cannabis cultivators in comparison.
The things to keep in mind when examining zoning will be:
The City cannot in effect prohibit a cannabis use through other restriction.
o Land must be available in the city for licensed cannabis uses. We could not only
allow a use in a single district, and then establish a proximity buffer of x number of
feet that rules out all such zoned land.
The City’s regulations must be limited to what can be considered “reasonable” and related
to “time, manner, and place.”
o For reasonable, this is always up to interpretation, but should generally follow the
rule of having a connection to the use. Restricting retailers near schools is
defensible, disallowing them within a 0.5 mile of downtown less so.
o Time, manner, place is more often used in relation to signage and first amendment
rights, but here effectively means the City can regulate certain aspects relating to
where and when a business could operate, but not set restrictions on other aspects
of the business (such as what types of products could be sold)
Discussion
What questions do you have about the statute as drafted?
Do you have initial ideas on how you’d like to see uses handled?
Attachments
HF 100 – “Definitions” and “Local Control” Sections (14 pages)
2.1 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3;
2.2 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3;
2.3 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1,
2.4 1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300;
2.5 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100;
2.6 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700;
2.7 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400;
2.8 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005;
2.9 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014;
2.10 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.
2.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.12 ARTICLE 1
2.13 REGULATION OF ADULT-USE CANNABIS
2.14 Section 1. [342.01] DEFINITIONS.
2.15 Subdivision 1.Terms.For the purposes of this chapter, the following terms have the
2.16 meanings given them.
2.17 Subd. 2.Adult-use cannabinoid product."Adult-use cannabinoid product" means a
2.18 cannabinoid product that is approved for sale by the office or is substantially similar to a
2.19 product approved by the office. Adult-use cannabinoid product includes edible cannabinoid
2.20 products but does not include medical cannabinoid products.
2.21 Subd. 3.Adult-use cannabis concentrate."Adult-use cannabis concentrate" means
2.22 cannabis concentrate that is approved for sale by the office or is substantially similar to a
2.23 product approved by the office. Adult-use cannabis concentrate does not include artificially
2.24 derived cannabinoids.
2.25 Subd. 4.Adult-use cannabis flower."Adult-use cannabis flower" means cannabis
2.26 flower that is approved for sale by the office or is substantially similar to a product approved
2.27 by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp
2.28 plant parts, or hemp-derived consumer products.
2.29 Subd. 5.Advertisement."Advertisement" means any written or oral statement,
2.30 illustration, or depiction that is intended to promote sales of cannabis flower, cannabinoid
2.31 products, lower potency edible products, hemp-derived consumer products, or sales at a
2.32 specific cannabis business and includes any newspaper, radio, internet and electronic media,
2.33 or television promotion; the distribution of fliers and circulars; and the display of window
2.34 and interior signs in a cannabis business. Advertisement does not include a fixed outdoor
2.35 sign that meets the requirements in section 342.66, subdivision 2, paragraph (b).
2Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
3.1 Subd. 6.Artificially derived cannabinoid."Artificially derived cannabinoid" means a
3.2 cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp plant
3.3 parts with a chemical makeup that is changed after extraction to create a different cannabinoid
3.4 or other chemical compound by applying a catalyst other than heat or light. Artificially
3.5 derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from
3.6 cannabidiol but does not include cannabis concentrate, cannabinoid products, or hemp-derived
3.7 consumer products.
3.8 Subd. 7.Batch."Batch" means:
3.9 (1) a specific quantity of cannabis plants that are cultivated from the same seed or plant
3.10 stock, are cultivated together, are intended to be harvested together, and receive an identical
3.11 propagation and cultivation treatment; or
3.12 (2) a specific quantity of a specific cannabinoid product, lower potency edible product,
3.13 artificially derived cannabinoid, or hemp-derived consumer product that is manufactured
3.14 at the same time and using the same methods, equipment, and ingredients that is uniform
3.15 and intended to meet specifications for identity, strength, purity, and composition, and that
3.16 is manufactured, packaged, and labeled according to a single batch production record
3.17 executed and documented during the same cycle of manufacture and produced by a
3.18 continuous process.
3.19 Subd. 8.Batch number."Batch number" means a unique numeric or alphanumeric
3.20 identifier assigned to a batch of cannabis flower or a batch of cannabinoid product, lower
3.21 potency edible product, artificially derived cannabinoid, or hemp-derived consumer product.
3.22 Subd. 9.Bona fide labor organization."Bona fide labor organization" means a labor
3.23 union that represents or is actively seeking to represent cannabis workers.
3.24 Subd. 10.Cannabinoid."Cannabinoid" means any of the chemical constituents of hemp
3.25 plants or cannabis plants that are naturally occurring, biologically active, and act on the
3.26 cannabinoid receptors of the brain. Cannabinoid includes but is not limited to
3.27 tetrahydrocannabinol and cannabidiol.
3.28 Subd. 11.Cannabinoid extraction."Cannabinoid extraction" means the process of
3.29 extracting cannabis concentrate from cannabis plants or cannabis flower using water, lipids,
3.30 gases, solvents, or other chemicals or chemical processes, but does not include the process
3.31 of extracting concentrate from hemp plants or hemp plant parts or the process of creating
3.32 artificially derived cannabinoids.
3.33 Subd. 12.Cannabinoid product.(a) "Cannabinoid product" means any of the following:
3Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
4.1 (1) cannabis concentrate;
4.2 (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol,
4.3 extracted or derived from cannabis plants or cannabis flower;
4.4 (3) any other product that contains cannabis concentrate; or
4.5 (4) a product infused with artificially derived cannabinoids.
4.6 (b) Cannabinoid product includes adult-use cannabinoid products, including but not
4.7 limited to edible cannabinoid products, and medical cannabinoid products. Cannabinoid
4.8 product does not include cannabis flower, artificially derived cannabinoids, or hemp-derived
4.9 consumer products.
4.10 Subd. 13.Cannabinoid profile."Cannabinoid profile" means the amounts of each
4.11 cannabinoid that the office requires to be identified in testing and labeling, including but
4.12 not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and
4.13 cannabidiolic acid in cannabis flower, a cannabinoid product, a batch of artificially derived
4.14 cannabinoid, or a hemp-derived consumer product, expressed as percentages measured by
4.15 weight and, in the case of cannabinoid products and hemp-derived consumer products,
4.16 expressed as milligrams in each serving and package.
4.17 Subd. 14.Cannabis business."Cannabis business" means any of the following licensed
4.18 under this chapter:
4.19 (1) cannabis cultivator;
4.20 (2) cannabis manufacturer;
4.21 (3) cannabis retailer;
4.22 (4) cannabis wholesaler;
4.23 (5) cannabis transporter;
4.24 (6) cannabis testing facility;
4.25 (7) cannabis microbusiness;
4.26 (8) cannabis event organizer;
4.27 (9) cannabis delivery service;
4.28 (10) lower potency edible retailer;
4.29 (11) medical cannabis cultivator;
4.30 (12) medical cannabis processor; and
4Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
5.1 (13) medical cannabis retailer.
5.2 Subd. 15.Cannabis concentrate.(a) "Cannabis concentrate" means:
5.3 (1) the extracts and resins of a cannabis plant or cannabis flower;
5.4 (2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase
5.5 the presence of targeted cannabinoids; or
5.6 (3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis
5.7 flower and is intended to be consumed by combustion or vaporization of the product and
5.8 inhalation of smoke, aerosol, or vapor from the product.
5.9 (b) Cannabis concentrate does not include industrial hemp, artificially derived
5.10 cannabinoids, or hemp-derived consumer products.
5.11 Subd. 16.Cannabis flower."Cannabis flower" means the harvested flower, bud, leaves,
5.12 and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and
5.13 medical cannabis flower. Cannabis flower does not include cannabis seed, industrial hemp,
5.14 or hemp-derived consumer products.
5.15 Subd. 17.Cannabis industry."Cannabis industry" means every item, product, person,
5.16 process, action, business, or other thing subject to regulation under this chapter.
5.17 Subd. 18.Cannabis paraphernalia."Cannabis paraphernalia" means all equipment,
5.18 products, and materials of any kind that are knowingly or intentionally used primarily in:
5.19 (1) cultivating or harvesting cannabis plants or cannabis flower;
5.20 (2) manufacturing cannabinoid products;
5.21 (3) ingesting, inhaling, or otherwise introducing cannabis flower or cannabinoid products
5.22 into the human body; and
5.23 (4) testing the strength, effectiveness, or purity of cannabis flower, cannabinoid products,
5.24 or hemp-derived consumer products.
5.25 Subd. 19.Cannabis plant."Cannabis plant" means all parts of the plant of the genus
5.26 Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
5.27 concentration of more than 0.3 percent on a dry weight basis.
5.28 Subd. 20.Cannabis prohibition."Cannabis prohibition" means the system of state and
5.29 federal laws that prevented establishment of a legal market and instead established petty
5.30 offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation,
5.31 possession, and sale of all parts of the plant of any species of the genus Cannabis, including
5Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
6.1 all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted
6.2 from any part of such plant; and every compound, manufacture, salt, derivative, mixture,
6.3 or preparation of such plant, its seeds, or resin.
6.4 Subd. 21.Cannabis seed."Cannabis seed" means the viable seed of the plant of the
6.5 genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed
6.6 does not include hemp seed.
6.7 Subd. 22.Cannabis worker."Cannabis worker" means any individual employed by a
6.8 cannabis business and any individual who is a contractor of a cannabis business whose
6.9 scope of work involves the handling of cannabis plants, cannabis flower, artificially derived
6.10 cannabinoids, or cannabinoid products.
6.11 Subd. 23.Child-resistant."Child-resistant" means packaging that meets the poison
6.12 prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15.
6.13 Subd. 24.Cooperative."Cooperative" means an association conducting business on a
6.14 cooperative plan that is organized or is subject to chapter 308A or 308B.
6.15 Subd. 25.Council."Council" means the Cannabis Advisory Council.
6.16 Subd. 26.Cultivation."Cultivation" means any activity involving the planting, growing,
6.17 harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp
6.18 plants, or hemp plant parts.
6.19 Subd. 27.Division of Medical Cannabis."Division of Medical Cannabis" means a
6.20 division housed in the Office of Cannabis Management that operates the medical cannabis
6.21 program.
6.22 Subd. 28.Division of Social Equity "Division of Social Equity" means a division housed
6.23 in the Office of Cannabis Management that promotes development, stability, and safety in
6.24 communities that have experienced a disproportionate, negative impact from cannabis
6.25 prohibition.
6.26 Subd. 29.Edible cannabinoid product."Edible cannabinoid product" means any
6.27 product that is intended to be eaten or consumed as a beverage by humans; contains a
6.28 cannabinoid, including an artificially derived cannabinoid, in combination with food
6.29 ingredients; is not a drug; and is a type of product approved for sale by the office, or is
6.30 substantially similar to a product approved by the office including but not limited to products
6.31 that resemble nonalcoholic beverages, candy, and baked goods. Edible cannabinoid product
6.32 includes lower potency edible products.
6Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
7.1 Subd. 30.Health care practitioner."Health care practitioner" means a
7.2 Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting
7.3 within the scope of authorized practice, or a Minnesota-licensed advanced practice registered
7.4 nurse who has the primary responsibility for the care and treatment of the qualifying medical
7.5 condition of an individual diagnosed with a qualifying medical condition.
7.6 Subd. 31.Health record."Health record" has the meaning given in section 144.291,
7.7 subdivision 2.
7.8 Subd. 32.Hemp concentrate.(a) "Hemp concentrate" means:
7.9 (1) the extracts and resins of a hemp plant or hemp plant parts;
7.10 (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase
7.11 the presence of targeted cannabinoids; or
7.12 (3) a product that is produced by refining extracts or resins of a hemp plant or hemp
7.13 plant parts and is intended to be consumed by combustion or vaporization of the product
7.14 and inhalation of smoke, aerosol, or vapor from the product.
7.15 (b) Hemp concentrate does not include artificially derived cannabinoids or hemp-derived
7.16 consumer products.
7.17 Subd. 33.Hemp-derived consumer product.(a) "Hemp-derived consumer product"
7.18 means a product intended for human or animal consumption that:
7.19 (1) consists of hemp plant parts;
7.20 (2) is hemp concentrate; or
7.21 (3) contains hemp concentrate.
7.22 (b) Hemp-derived consumer product includes hemp-derived topical products, but does
7.23 not include edible cannabinoid products, artificially derived cannabinoids, hemp fiber
7.24 products, or hemp grain.
7.25 Subd. 34.Hemp-derived topical product."Hemp-derived topical product" means a
7.26 product intended for human or animal consumption that contains hemp concentrate and is
7.27 intended for application externally to a part of the body of a human or animal.
7.28 Subd. 35.Hemp fiber product."Hemp fiber product" means an intermediate or finished
7.29 product made from the fiber of hemp plant parts that is not intended for human or animal
7.30 consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles,
7.31 bedding, insulation, construction materials, compost materials, and industrial materials.
7Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
8.1 Subd. 36.Hemp grain."Hemp grain" means the harvested seeds of the hemp plant
8.2 intended for consumption as a food or part of a food product. Hemp grain includes oils
8.3 pressed or extracted from harvested hemp seeds.
8.4 Subd. 37.Hemp plant."Hemp plant" means all parts of the plant of the genus Cannabis
8.5 that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
8.6 concentration of no more than 0.3 percent on a dry weight basis.
8.7 Subd. 38.Hemp plant parts."Hemp plant parts" means any part of the harvested hemp
8.8 plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives,
8.9 extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from
8.10 the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp
8.11 seed.
8.12 Subd. 39.Hemp seed."Hemp seed" means the viable seed of the plant of the genus
8.13 Cannabis that is intended to be planted and is reasonably expected to grow into a hemp
8.14 plant. Hemp seed does not include cannabis seed or hemp grain.
8.15 Subd. 40.Industrial hemp."Industrial hemp" has the meaning given in section 18K.02,
8.16 subdivision 3.
8.17 Subd. 41.Intoxicating cannabinoid."Intoxicating cannabinoid" means a cannabinoid,
8.18 including an artificially derived cannabinoid, that when introduced into the human body
8.19 impairs the central nervous system or impairs the human audio, visual, or mental processes.
8.20 Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol.
8.21 Subd. 42.Labor peace agreement."Labor peace agreement" means an agreement
8.22 between a cannabis business and a bona fide labor organization that protects the state's
8.23 interests by, at minimum, prohibiting the labor organization from engaging in picketing,
8.24 work stoppages, or boycotts against the cannabis business. This type of agreement shall not
8.25 mandate a particular method of election or certification of the bona fide labor organization.
8.26 Subd. 43.License holder."License holder" means a person, cooperative, or business
8.27 that holds any of the following licenses:
8.28 (1) cannabis cultivator;
8.29 (2) cannabis manufacturer;
8.30 (3) cannabis retailer;
8.31 (4) cannabis wholesaler;
8.32 (5) cannabis transporter;
8Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
9.1 (6) cannabis testing facility;
9.2 (7) cannabis microbusiness;
9.3 (8) cannabis event organizer;
9.4 (9) cannabis delivery service;
9.5 (10) lower potency edible retailer;
9.6 (11) medical cannabis cultivator;
9.7 (12) medical cannabis processor; or
9.8 (13) medical cannabis retailer.
9.9 Subd. 44.Local unit of government."Local unit of government" means a home rule
9.10 charter or statutory city, county, town, or other political subdivision.
9.11 Subd. 45.Lower potency edible product."Lower potency edible product" means any
9.12 product that:
9.13 (1) is intended to be eaten or consumed as a beverage by humans;
9.14 (2) contains a cannabinoid, including an artificially derived cannabinoid, in combination
9.15 with food ingredients;
9.16 (3) is not a drug;
9.17 (4) is packaged in servings that contain no more than five milligrams of delta-9
9.18 tetrahydrocannabinol per serving, 25 milligrams of cannabidiol per serving, or both;
9.19 (5) does not contain more than a combined total of 0.5 milligrams of all other
9.20 cannabinoids;
9.21 (6) does not contain an artificially derived cannabinoid other than delta-9
9.22 tetrahydrocannabinol; and
9.23 (7) is a type of product approved for sale by the office or is substantially similar to a
9.24 product approved by the office, including but not limited to products that resemble
9.25 nonalcoholic beverages, candy, and baked goods.
9.26 Subd. 46.Matrix barcode."Matrix barcode" means a code that stores data in a
9.27 two-dimensional array of geometrically shaped dark and light cells capable of being read
9.28 by the camera on a smartphone or other mobile device.
9.29 Subd. 47.Medical cannabinoid product.(a) "Medical cannabinoid product" means a
9.30 cannabinoid product provided to a patient enrolled in the registry program; a registered
9Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
10.1 designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a
10.2 cannabis retailer or medical cannabis retailer to treat or alleviate the symptoms of a qualifying
10.3 medical condition. A medical cannabinoid product must be in the form of:
10.4 (1) liquid, including but not limited to oil;
10.5 (2) pill;
10.6 (3) liquid or oil for use with a vaporized delivery method;
10.7 (4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
10.8 (5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and
10.9 sublingual tablets;
10.10 (6) topical formulation; or
10.11 (7) any allowable form or delivery method approved by the office.
10.12 (b) Medical cannabinoid product does not include adult-use cannabinoid products.
10.13 Subd. 48.Medical cannabis business."Medical cannabis business" means an entity
10.14 licensed under this chapter to engage in one or more of the following:
10.15 (1) the cultivation of cannabis plants for medical cannabis flower;
10.16 (2) the manufacture of medical cannabinoid products; and
10.17 (3) the retail sale of medical cannabis flower and medical cannabinoid products.
10.18 Subd. 49.Medical cannabis flower."Medical cannabis flower" means cannabis flower
10.19 provided to a patient enrolled in the registry program; a registered designated caregiver; or
10.20 a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical
10.21 cannabis business to treat or alleviate the symptoms of a qualifying medical condition.
10.22 Medical cannabis flower does not include adult-use cannabis flower or hemp-derived
10.23 consumer products.
10.24 Subd. 50.Medical cannabis paraphernalia."Medical cannabis paraphernalia" means
10.25 a delivery device, related supply, or educational material used by a patient enrolled in the
10.26 registry program to administer medical cannabis and medical cannabinoid products.
10.27 Subd. 51.Nonintoxicating cannabinoid."Nonintoxicating cannabinoid" means a
10.28 cannabinoid that when introduced into the human body does not impair the central nervous
10.29 system and does not impair the human audio, visual, or mental processes. Nonintoxicating
10.30 cannabinoid includes but is not limited to cannabidiol but does not include any artificially
10.31 derived cannabinoid.
10Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
11.1 Subd. 52.Office."Office" means the Office of Cannabis Management.
11.2 Subd. 53.Outdoor advertisement."Outdoor advertisement" means an advertisement
11.3 that is located outdoors or can be seen or heard by an individual who is outdoors and includes
11.4 billboards; advertisements on benches; advertisements at transit stations or transit shelters;
11.5 advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles;
11.6 and print signs that do not meet the requirements in section 342.66, subdivision 2, paragraph
11.7 (b), but that are placed or located on the exterior property of a cannabis business.
11.8 Subd. 54.Patient."Patient" means a Minnesota resident who has been diagnosed with
11.9 a qualifying medical condition by a health care practitioner and who has met all other
11.10 requirements for patients under this chapter to participate in the registry program.
11.11 Subd. 55.Patient registry number."Patient registry number" means a unique
11.12 identification number assigned by the Division of Medical Cannabis to a patient enrolled
11.13 in the registry program.
11.14 Subd. 56.Qualifying medical condition."Qualifying medical condition" means a
11.15 diagnosis of any of the following conditions:
11.16 (1) cancer, if the underlying condition or treatment produces one or more of the following:
11.17 (i) severe or chronic pain;
11.18 (ii) nausea or severe vomiting; or
11.19 (iii) cachexia or severe wasting;
11.20 (2) glaucoma;
11.21 (3) human immunodeficiency virus or acquired immune deficiency syndrome;
11.22 (4) Tourette's syndrome;
11.23 (5) amyotrophic lateral sclerosis;
11.24 (6) seizures, including those characteristic of epilepsy;
11.25 (7) severe and persistent muscle spasms, including those characteristic of multiple
11.26 sclerosis;
11.27 (8) inflammatory bowel disease, including Crohn's disease;
11.28 (9) irritable bowel syndrome;
11.29 (10) obsessive-compulsive disorder;
11Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
12.1 (11) terminal illness, with a probable life expectancy of under one year, if the illness or
12.2 its treatment produces one or more of the following:
12.3 (i) severe or chronic pain;
12.4 (ii) nausea or severe vomiting; or
12.5 (iii) cachexia or severe wasting; or
12.6 (12) any other medical condition or its treatment approved by the commissioner.
12.7 Subd. 57.Registered designated caregiver."Registered designated caregiver" means
12.8 an individual who:
12.9 (1) is at least 18 years old;
12.10 (2) is not disqualified for a criminal offense according to section 342.20, subdivision 2;
12.11 (3) has been approved by the Division of Medical Cannabis to assist a patient with
12.12 obtaining medical cannabis flower and medical cannabinoid products from a cannabis
12.13 retailer or medical cannabis retailer and with administering medical cannabis flower and
12.14 medical cannabinoid products; and
12.15 (4) is authorized by the Division of Medical Cannabis to assist a patient with the use of
12.16 medical cannabis flower and medical cannabinoid products.
12.17 Subd. 58.Registry or registry program."Registry" or "registry program" means the
12.18 patient registry established under this chapter listing patients authorized to obtain medical
12.19 cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from
12.20 cannabis retailers and medical cannabis retailers and administer medical cannabis flower
12.21 and medical cannabinoid products.
12.22 Subd. 59.Registry verification."Registry verification" means the verification provided
12.23 by the Division of Medical Cannabis that a patient is enrolled in the registry program and
12.24 that includes the patient's name, patient registry number, and, if applicable, the name of the
12.25 patient's registered designated caregiver or parent, legal guardian, or spouse.
12.26 Subd. 60.Restricted area."Restricted area" means an area where cannabis flower or
12.27 cannabinoid products are cultivated, manufactured, or stored by a cannabis business.
12.28 Subd. 61.Statewide monitoring system."Statewide monitoring system" means the
12.29 system for integrated cannabis tracking, inventory, and verification established or adopted
12.30 by the office.
12Article 1 Section 1.
REVISOR BD/BM 23-0094412/29/22
13.1 Subd. 62.Synthetic cannabinoid."Synthetic cannabinoid" means a substance with a
13.2 similar chemical structure and pharmacological activity to a cannabinoid but is not extracted
13.3 or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant parts and is
13.4 instead created or produced by chemical or biochemical synthesis.
13.5 Subd. 63.Veteran."Veteran" means an individual who satisfies the requirements in
13.6 section 197.447.
13.7 Subd. 64.Visiting designated caregiver."Visiting designated caregiver" means an
13.8 individual who is authorized under a visiting patient's jurisdiction of residence to assist the
13.9 visiting patient with the use of medical cannabis flower and medical cannabinoid products.
13.10 To be considered a visiting designated caregiver, the individual must possess a valid
13.11 verification card or its equivalent that is issued by the visiting patient's jurisdiction of
13.12 residence and that verifies that the individual is authorized to assist the visiting patient with
13.13 the administration of medical cannabis flower and medical cannabinoid products under the
13.14 laws or regulations of the visiting patient's jurisdiction of residence.
13.15 Subd. 65.Visiting patient."Visiting patient" means an individual who is not a Minnesota
13.16 resident and who possesses a valid registration verification card or its equivalent that is
13.17 issued under the laws or regulations of another state, district, commonwealth, or territory
13.18 of the United States verifying that the individual is enrolled in or authorized to participate
13.19 in that jurisdiction's medical cannabis or medical marijuana program.
13.20 Subd. 66.Volatile solvent."Volatile solvent" means any solvent that is or produces a
13.21 flammable gas or vapor that, when present in the air in sufficient quantities, will create
13.22 explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane,
13.23 and propane.
13.24 Sec. 2. [342.02] OFFICE OF CANNABIS MANAGEMENT.
13.25 Subdivision 1.Establishment.The Office of Cannabis Management is created with the
13.26 powers and duties established by law. In making rules, establishing policy, and exercising
13.27 its regulatory authority over the cannabis industry, the office must:
13.28 (1) promote the public health and welfare;
13.29 (2) protect public safety;
13.30 (3) eliminate the illicit market for cannabis flower and cannabinoid products;
13.31 (4) meet the market demand for cannabis flower and cannabinoid products;
13.32 (5) promote a craft industry for cannabis flower and cannabinoid products; and
13Article 1 Sec. 2.
REVISOR BD/BM 23-0094412/29/22
30.1 Sec. 13. [342.14] LOCAL CONTROL.
30.2 (a) A local unit of government may not prohibit the possession, transportation, or use
30.3 of cannabis flower or cannabinoid products authorized under this chapter.
30.4 (b) A local unit of government may not prohibit the establishment or operation of a
30.5 cannabis business licensed under this chapter.
30.6 (c) A local unit of government may adopt reasonable restrictions on the time, place, and
30.7 manner of the operation of a cannabis business provided that such restrictions do not prohibit
30.8 the establishment or operation of cannabis businesses. A local unit of government may
30.9 prohibit the operation of a cannabis business within 1,000 feet of a school, day care, nursing
30.10 home, union headquarters, house of worship, or the Capitol or Capitol grounds provided
30.11 that the prohibition does not have the effect of prohibiting the establishment or operation
30.12 of a cannabis business within the boundaries of that local unit of government.
30.13 (d) The office shall work with local units of government to develop model ordinances
30.14 for reasonable restrictions on the time, place, and manner of the operation of a cannabis
30.15 business.
30.16 (e) If a local unit of government is conducting studies or has authorized a study to be
30.17 conducted or has held or has scheduled a hearing for the purpose of considering adoption
30.18 or amendment of reasonable restrictions on the time, place, and manner of the operation of
30.19 a cannabis business, the governing body of the local unit of government may adopt an
30.20 interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
30.21 the planning process and the health, safety, and welfare of its citizens. Before adopting the
30.22 interim ordinance, the governing body must hold a public hearing. The interim ordinance
30.23 may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction
30.24 or a portion thereof until January 1, 2025.
30.25 (f) Within 30 days of receiving a copy of an application from the office, a local unit of
30.26 government shall certify on a form provided by the office whether a proposed cannabis
30.27 business complies with local zoning ordinances and, if applicable, whether the proposed
30.28 business complies with the state fire code and building code.
30.29 (g) Upon receipt of an application for a license issued under this chapter, the office shall
30.30 contact the local unit of government in which the business would be located and provide
30.31 the local unit of government with 30 days in which to provide input on the application. The
30.32 local unit of government may provide the office with any additional information it believes
30.33 is relevant to the office's decision on whether to issue a license, including but not limited
30Article 1 Sec. 13.
REVISOR BD/BM 23-0094412/29/22
31.1 to identifying concerns about the proposed location of a cannabis business or sharing public
31.2 information about an applicant.
31.3 (h) The office by rule shall establish an expedited complaint process to receive, review,
31.4 and respond to complaints made by a local unit of government about a cannabis business.
31.5 Complaints may include alleged violations of local ordinances or other alleged violations.
31.6 At a minimum, the expedited complaint process shall require the office to provide an initial
31.7 response to the complaint within seven days and perform any necessary inspections within
31.8 30 days. Nothing in this paragraphs prohibits a local unit of government from enforcing a
31.9 local ordinance.
31.10 Sec. 14. [342.15] LICENSE APPLICATION AND RENEWAL; FEES.
31.11 Subdivision 1.Application; contents.(a) The office by rule shall establish forms and
31.12 procedures for the processing of licenses issued under this chapter. At a minimum, any
31.13 application to obtain or renew a license shall include the following information, if applicable:
31.14 (1) the name, address, and date of birth of the applicant;
31.15 (2) the disclosure of ownership and control required under paragraph (b);
31.16 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer,
31.17 director, manager, and general partner of the business has ever filed for bankruptcy;
31.18 (4) the address and legal property description of the business;
31.19 (5) documentation showing legal possession of the premises where the business will
31.20 operate;
31.21 (6) a diagram of the premises, including a security drawing;
31.22 (7) a copy of the security plan;
31.23 (8) proof of trade name registration;
31.24 (9) a copy of the applicant's business plan showing the expected size of the business;
31.25 anticipated growth; the methods of record keeping; the knowledge and experience of the
31.26 applicant and any officer, director, manager, and general partner of the business; the
31.27 environmental plan; and other relevant financial and operational components;
31.28 (10) an attestation signed by a bona fide labor organization stating that the applicant has
31.29 entered into a labor peace agreement;
31.30 (11) certification that the applicant will comply with the requirements of this chapter
31.31 relating to the ownership and operation of a cannabis business;
31Article 1 Sec. 14.
REVISOR BD/BM 23-0094412/29/22