On July 13, 2023 the City Council directed staff and the City Attorney to prepare an ordinance to regulate cannabis use within public property and public places.
Effective August 1, 2023, Minnesota law permits an individual 21 or older to possess or transport up to two ounces of adult-use cannabis flower in a public place.
In addition, the language expressly states that an individual 21 or older may use adult-use cannabis flower and adult-use cannabis products in the following locations:
(1) A private residence, including the person's curtilage or yard;
(2) Private property not generally accessible by the public, unless the person 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) The premises of an establishment or event licensed to permit on-site consumption.
Of note, the language does not grant an individual a right to use cannabis on public property. As part of the legislation, Section 152.0263 (Cannabis possession Crimes) was added to Chapter 152 (Drugs; Controlled Substances). More specifically, Section 152.0263, Subd. 5, authorizes the City to adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived products in a public place. Public place cannot include the three permissible locations described above. An ordinance can only apply to offenses committed after August 1.
Under the definitions contained in the proposed ordinance, a "Public Place" is defined as a property that is generally open to or accessible by the public, except on those premises licensed by the State of Minnesota to permit on-site consumption.
Further, the ordinance defines "Public Property" as property, real and personal, that is owned, managed, or controlled by the City, including, but not limited to: City buildings and all the land thereon, parking lots, parks, golf course, pathways and trails, and city rights-of-way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like.
The adoption of an ordinance addressing the regulation of cannabis use within public property and public places does not require a formal public hearing, but does require ten days advance posting of the ordinance to be considered. The attached ordinance was posted in accordance with law, and it is recommended that the City Council on July 23 give the ordinance its first reading, waive the second reading and consider its adoption.