Office of Cannabis Management Issues A Guide for Local Governments on Adult-Use Cannabis

In 2023 the Minnesota Legislature enacted Minnesota Statute Chapter 342 Cannabis. This new law legalized cannabis in the State of Minnesota with a rapid licensing scheme and preemption of cities ability to license and regulated cannabis and hemp operations. Minnesota Statute §342.13 provided the following tasks for the Office of Cannabis Management:

(1) develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of a cannabis business;

(2) develop standardized forms and procedures for the issuance of a retail registration pursuant to section §342.22; and

(3) develop model policies and procedures for the performance of compliance checks required under section §342.22.

On June 25, the Office of Cannabis Management issued their model ordinances, forms and procedures, and policies and procedures in “A Guide for Local Governments on Adult-Use Cannabis.”

The Model Ordinance provides for local registration of Cannabis Businesses but does not provide for local registration of Hemp Retailers.[i] The Model Ordinance provides for time, place, and manner regulations for Cannabis Business, but does not provide them for Hemp Businesses. Further, the Model Ordinance does not make recommendations as to which zoning districts such businesses may operate. The Model Ordinance does helpfully provide a Section on Temporary Cannabis Events.

The Guide is much anticipated resource that is helpful in introducing the topic but will require much tailoring especially when it comes to the zoning regulations and the performance standards therein.

The State of Minnesota still awaits the Office of Cannabis’ rulemaking.

On July 24, license pre-approval applications open for social equity licenses.

[i] Cities have the authority to require registration of Hemp Retailers under Minnesota Statute §342.22.