Ordinance 700CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 700
AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING THE MANUFACTURE, TESTING, DISTRIBUTION, AND SALE OF
CANNABINOIDS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. FINDINGS AND PURPOSE.
A. 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
for human consumption. This law permits the sale of such products so long as they contain no more
than 0.3%, or 5mg per serving if edible, of tetrahydrocannabinol commonly known as THC. There
is no limit for the serving size of other cannabinoids in this law aside from a prohibition on those
cannabinoid products which are sold with the intent to intoxicate. Minn. Stat. §151.72, Subd. 3,
paragraph (b).
B. The new law does enact some requirements for labeling and testing, but provides no
parameters regulating production, compliance checks, or licensing of Cannabinoid Products
retailers. The new law does not prohibit local regulation.
C. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact a
moratorium to temporarily prohibit a use within the jurisdiction to protect the health, safety, and
welfare of the City and undertake a study of the issue for future regulation.
D. Pursuant to its general police powers, including but not limited to, Minn. Stat. §
421.221, subd. 32, the City may enact regulations regarding to promote the health, safety, order,
convenience, and the general welfare of the City. This power permits the City to implement a
moratorium to study the sales, testing, manufacturing, and distribution of cannabinoid products to
determine if regulations are necessary for the sake of good order of the City.
E. The City Council finds that it is necessary to there is a need to study cannabinoid
products and uses and businesses related thereto, in order to assess the necessity for and efficacy of
regulation and restrictions relating to the sales, testing, manufacturing, and distribution of
cannabinoid products, including through licensing or zoning ordinances, in order to protect the
public health, safety, and welfare of its residents.
SECTION 2. DEFINITIONS: The following terms when used in this ordinance shall
mean:
Official controls. “Official controls” or “controls” means ordinances and regulations
which control the physical development of the city or any part thereof or any detail thereof
and implement the general objectives of the comprehensive plan. Official controls include
ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes,
building codes and official maps.
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Cannabinoid Product. “Cannabinoid Product” means any edible or nonedible product
which contains one or more chemical compound derived from the cannabis plant or derived
from hemp and is authorized for sale in Minnesota Statute and is for human consumption.
cannabinoid products may include, but are not limited to, vape pens, flower buds, tinctures,
lotions, seltzers, and food products.
SECTION 3. INTENT AND AUTHORIZATION:
A. It is the intent of this ordinance to allow the City of Chanhassen time to complete an
in-depth study concerning adoption of revisions of the City’s official controls for the manufacturing,
testing, distributing, and selling of Cannabinoid Products.
B. City staff is authorized to conduct a study of the City’s official controls that may
need to be adopted or amended to protect the public health, safety, and welfare as they relate to
medical cannabis manufacturing and distribution facilities.
SECTION 4. TEMPORARY PROHIBITION:
A. Pending the completion of the above referenced study and the adoption of
appropriate official controls, the following is prohibited within the City:
The manufacturing, testing, distributing, and selling of Cannabinoid Products.
B. This moratorium does not apply to Cannabinoid Products wherein the only
cannabinoids present are non-intoxicating cannabinoids, including but not limited to Cannabidiol
(“CBD”) or Cannabinol (“CBN”).
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 Manager, 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 § 1-9.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and shall remain in effect for one year from the effective date of this ordinance or until
the adoption of the official controls being studied, whichever occurs first.
PASSED AND ADOPTED this 10th day of October, 2022 by the City Council of the
City of Chanhassen, Minnesota.
Kim Meuwissen, City Clerk Elise Ryan, Mayor
(Published in the Chanhassen Villager on October 20, 2022)
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