HomeMy WebLinkAboutOrdinance Regulating the use of Cannabis and Cannabis Derived Products in Public Places - 10-10-20231
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
ORDINANCE No.:
ORDINANCE REGULATING THE USE OF CANNABIS AND CANNABIS DERIVED PRODUCTS IN
PUBLIC PLACES
THE OTTER TAIL COUNTY COMMISSIONERS HEREBY ORDAIN AS FOLLOWS:
SECTION 1. PURPOSE AND INTENT
This Ordinance is adopted by the Otter Tail County Commissioners for the purpose of protecting public
health and safety by REGULATING and PROHIBITING the use of cannabis and cannabis derived products
in public places and places of public accommodation within Otter Tail County.
By enacting 2023 Session Law, Chapter 63, H. F. No. 100 [hereinafter referred to “State Legislation”], the
Minnesota Legislature passed the adult-use cannabis bill. Under that bill, the adult use, possession, and
personal growing of cannabis became legal August 1, 2023.
State legislation authorizes adoption of a local ordinance establishing a petty misdemeanor offense for
public use of cannabis. See State Legislation Sec. 19, Minn. Stat. 152.0263, Subd. 5, or successor statute.
The County resolves to be proactive in protecting public health and safety by enacting regulations that will
mitigate threats presented to the public by the public use of cannabis.
Otter Tail County (hereinafter “the County”) recognizes the risks that unintended access and use of
cannabis products present to the health, welfare, and safety of youth in Otter Tail County.
SECTION 2. DEFINITIONS
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms, and phrases, when used in this ordinance,
shall have the meanings ascribed to them except where the context clearly indicates a different meaning.
(a) Adult-use cannabis flower. “Adult-use cannabis flower” means cannabis flower that is approved for
sale by the State Office of Cannabis Management or is substantially similar to a product approved by the
office. Adult-use cannabis flower does not include medical cannabis flower, hemp plant parts, or hemp-
derived consumer products.
(b) Adult-use cannabis products. “Adult-use cannabis products” means a cannabis product that is
approved for sale by the State Office of Cannabis Management or is substantially similar to a product
approved by the office. Adult-use cannabis product includes edible cannabis products but does not
include medical cannabinoid products or lower-potency hemp edibles.
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(c) Cannabis flower. “Cannabis flower” means the harvested flower, bud, leaves, and stems of a cannabis
plant. Cannabis flower includes adult-use cannabis flower and medical cannabis flower. Cannabis flower
does not include cannabis seed, hemp plant parts, or hemp-derived consumer products.
(d) Cannabis product. “Cannabis product” means any of the following:
(1) cannabis concentrate;
(2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol,
extracted or derived from cannabis plants or cannabis flower; or
(3) any other product that contains cannabis concentrate.
(e) Hemp derived consumer products.
(1) “Hemp derived consumer products” means a product intended for human or animal
consumption, does not contain cannabis flower or cannabis concentrate, and:
(i) contains or consists of hemp plant parts; or
(ii) contains hemp concentrate or artificially derived cannabinoids in combination with other
ingredients.
(2) Hemp-derived consumer products does not include artificially derived cannabinoids, lower-
potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain.
(f) Lower-potency hemp edible. A “lower-potency hemp edible” means any product that:
(1) is intended to be eaten or consumed as a beverage by humans;
(2) contains hemp concentrate or an artificially derived cannabinoid; in combination with food
ingredients;
(3) is not a drug;
(4) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
combination of those cannabinoids that does not exceed the identified amounts;
(5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per
serving;
(6) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol;
(7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
(8) is a type of product approved for sale by the office or is substantially similar to a product
approved by the office, including but not limited to products that resemble nonalcoholic
beverages, candy, and baked goods.
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(g) Public place. A “public place” means a public park or trail, public street or sidewalk, any enclosed
indoor area used by the general public, including, but not limited to, theaters, restaurants, bars, food
establishments, places licensed to sell intoxicating liquor, wine, or malt beverages, retail businesses,
gyms, common areas in buildings, public shopping areas, auditoriums, arenas, or other places of public
accommodation. For purposes of this ordinance, public place includes designated outdoor areas where
establishments may allow smoking and vape use.
(h) Place of public accommodation. “Place of public accommodation” means a business, refreshment,
entertainment, recreation, or transportation facility of any kind, whose goods, services, facilities,
privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to
the public.”
(i) Exceptions to public place or place of public accommodation. “A public place” or “a place of public
accommodation” does not include the following:
1. a private residence, including the individual’s curtilage or yard.
2. a private property, not generally accessible by the public, unless the individual is explicitly
prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products on the property by the owner of the property; or
3. on the premises of an establishment or event licensed to permit on-site consumption.
(j) Smoking. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, pipe, or any other lighted or heated product containing cannabis flower, cannabis products,
artificially derived cannabinoids, or hemp-derived consumer products. Smoking includes carrying or
using an activated electronic delivery device for human consumption through inhalation of aerosol or
vapor from the product.
SECTION 3. PROHIBITED ACTS
Subd. 1. 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 cannabis flower and
adult use cannabis products. See State Legislation Sec. 9 Minn. Stat. 342.09 Subd. 1(2) or successor
statute. See also State Legislation Minn. Stat. 342.09 Subd.1 (7)(iii) or successor statute, and State
Legislation Sec. 19 Minn. Stat. 152.0263, Subd. 5, or successor statute.
Subd. 2. No person shall vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, or vapor
would be inhaled by a minor. See State Legislation Sec. 9 Minn. Stat. 342.09, Subd. 1 (7)(b)(9) or
successor statute.
SECTION 4. PENALTY
Subd. 1. A violation of this ordinance shall be a petty misdemeanor subject to a fine up to $300. Nothing
in this ordinance prohibits the County from seeking prosecution for an alleged violation.
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SECTION 5. SEVERABILITY
If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or
provisions that can be given force and effect without the invalidated section or provision.
SECTION 6. EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publications as required by
law.
ADOPTED by the Otter Tail County Board of Commissioners this day of , 2023.
Wayne D. Johnson, Otter Tail County Board Chair
Attest:
Nicole Hansen, Otter Tail County Administrator