HomeMy WebLinkAboutInterim Ordinance Placing a Moratorium on the Sale of Hemp Derived Tetrahydrocannabinols (THC) Food and Beverages
Otter Tail County
Interim Ordinance Placing a Moratorium on the Sale of Hemp Derived
Tetrahydrocannabinols (THC) Food and Beverages within the County of Otter Tail
The County Board of Otter Tail County ordains:
SECTION I: PURPOSE AND FINDINGS
WHEREAS, the County of Otter Tail (the “County”) recognizes significant public interest in new
State laws that took effect July 1, 2022, that now make it legal to sell certain edibles and
beverages infused with tetrahydrocannabinol (THC), the cannabis ingredient extracted from
hemp; and
WHEREAS, the purpose of the interim ordinance placing a moratorium on the sale of hemp
derived THC food and beverages is to allow the county time to study the issue and consider
licensing and rules, sales management controls for the sale of hemp derived THC food and
beverages behind the sales counter; similar to tobacco sales and products, checking
identifications (ID’s), enforcement, compliance checks, license fees and other regulatory issues
to consider; and
WHEREAS, based on the most reliable and up-to-date scientific evidence, the County Board
finds that the rapid introduction of newly legalized edible THC (specifically Delta-9 and Delta-8)
products (“edibles”), presents a significant potential threat to the public health, safety, and
welfare of the residents of Otter Tail County, and particularly to youth; and
WHEREAS, Otter Tail County has the opportunity to be proactive and make decisions that will
mitigate this threat and reduce exposure of young people to the products and to the marketing
of these products; and
WHEREAS, the United States Surgeon General has issued an advisory to alert the public to the
known and potential harms to developing brains, posed by the increasing availability of highly
potent THC in multiple, concentrated forms; and the reasons for concerns with the increasing
use of marijuana by pregnant women, adolescents, and youth; and
WHEREAS, the National Academies of Science, Engineering and Medicine note that the
growing acceptance, accessibility, and use of cannabis and its derivatives have raised important
public health concerns, while the lack of knowledge by the public of known cannabis-related
health effects has led to misinformation about the negative health impact of its use; and
WHEREAS, 32.8 million Americans ages 12 and older reported using cannabis in the past 30
days, 49.6 million reported use in the past year, and 90 percent of adult cannabis users in the
United States said their primary use was recreational; and between 2002 and 2019, the
percentage of past-month cannabis users in the U.S. population ages 12 and older increased
steadily from 6.2 percent to 10.8 percent; and
WHEREAS, research has found cannabis use during adolescence, especially of products high
in THC or when use is heavy, is associated with suicide attempt, high school drop-out, higher
likelihood of use of other illicit drugs, mental health impairment, elevated risk for addiction to
THC, impaired driving, and deficits in memory and learning; and
WHEREAS, nationally, there have been significant increases in cannabis use among those age
12 and older, but especially among those age 18-22, and cannabis use rates by youth age 18-
22 are higher in many states with legal adult-use cannabis than in non-legal states; and
WHEREAS, the perception of risk from cannabis consumption has been falling steadily,
dropping from 58.3% to 31.1% among youth nationally between 2000 and 2016, and just 17.1%
among 12–17-year-olds in Minnesota in 2018/19; and
WHEREAS, reported past year vaping of marijuana by youth nationally aged 18-22 doubled
between 2017 and 2018, with 20.8 percent of 12th graders, and 19.4% of 10th graders,
reporting past year marijuana vaping; and
WHEREAS, in 2016, 15.7% of 11th grade students in Minnesota who reported that they had
used marijuana in the past 30 days, a number far exceeding that for cigarette smoking (8.4%);
and
WHEREAS, 11th grade students in Otter Tail County reported that they had used marijuana in
the past 30 days, has grown from 2.6% in 2013 to 4.1% in 2019; and
WHEREAS, Minnesota has recognized the danger of cannabis use among youth by prohibiting
the sale of edibles to those under age 21 (Minn. Stat. § 151.72, subd. 3(c)) and by requiring that
edibles be packaged without appeal to children and in child-resistant containers (Minn. Stat. §
151.72, subd. 5a(b)); and
WHEREAS, many years of alcohol and tobacco retailing, which are likely to have parallels in
cannabis retailing, have demonstrated that Minnesota retailers continue to sell alcohol and
tobacco to underage consumers; and
WHEREAS, children and young people are particularly influenced by cues suggesting tobacco
smoking is acceptable, which holds relevance for cannabis smoking; and
WHEREAS, while the sale of edible THC products has been legalized in Minnesota, THC
continues to be a Schedule I prohibited substance federally and therefore presents special
challenges in multiple federally regulated spheres including banking, broadcasting, and
immigration; and
WHEREAS, all the above criteria and many more require consideration by health officials and
policy makers before Otter Tail County can ensure the public safety is preserved.
SECTION II: AUTHORITY AND JURISDICTION
A. This Ordinance is enacted pursuant to Minnesota Statutes Chapters 145A allowing for
local ordinances for counties to regulate actual and potential threats to the public health.
B. Pursuant to Minn. Stat.§ 145A.05, Subd. 1, this Ordinance shall apply throughout all of
Otter Tail County including all municipalities and unincorporated areas therein. Nothing
in this Ordinance shall prevent other local levels of government within Otter Tail County
from adopting more stringent measures.
SECTION III: DURATION AND EFFECTIVE DATE
A. This interim ordinance shall be in effect for a period of twelve (12) months from the
date of adoption, unless earlier terminated by the Otter Tail County Board of
Commissioners.
B. In the absence of state licensing, cities that establish licensing and rules, sales
management controls, checking identifications (ID’s), enforcement, compliance
checks, license fees and address other regulatory issues may, by resolution of the
city council, be exempt from this moratorium.
NOW THEREFORE, this interim ordinance, placing a moratorium on the sale of hemp derived
THC food and beverages to allow the county time to study the issue and consider licensing and
rules, sales management controls for the sale of hemp derived THC food and beverages behind
the sales counter; similar to tobacco sales and products, checking identifications (ID’s),
enforcement, compliance checks, license fees and other regulatory issues to consider, is adopted
by the County Board of Otter Tail this ___ day of ____________________, 2022 and shall take
effect on _____________________________.
_________________________________
Betty Murphy, Otter Tail County Board Chair
ATTEST:
_________________________________
Nicole Hansen, Otter Tail County Administrator