COUNTY OF NOBLES STATE OF MINNESOTA ORDINANCE No.: 202303 ORDINANCE REGULATING THE USE OF CANNABIS AND CANNABIS DERIVED PRODUCTS IN PUBLIC PLACES THE NOBLES COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS FOLLOWS: SECTION 1. PURPOSE AND INTENT This Ordinance is adopted by the Nobles County Commissioners for the purpose of protecting public health and safety by regulating the use of Cannabis and cannabis-derived products in public places within Nobles 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 will become 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, Art. 4, Sec. 19 (Minn. Stat. § 152.0263, subd. 5, or successor statute). The County wishes 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. 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” has the definition given to it by Minn. Stat. 342.01 subd. 3, or its successor statute. (b) Adult-use cannabis products. “Adult-use cannabis products” has the definition given to it by Minn. Stat. 342.01 subd. 4, or its successor statute. (c) Cannabis flower. “Cannabis flower” has the definition given to it by Minn. Stat. 342.01 subd. 16, or its successor statute. (d) Cannabis product. “Cannabis product” has the definition given to it by Minn. Stat. 342.01 subd. 20, or its successor statute. (e) Hemp derived consumer products. “Hemp derived consumer products” has the definition given to it by Minn. Stat. 342.01 subd. 37, or its successor statute. (f) Lower-potency hemp edible. “Lower-potency hemp edible” has the definition given to it by Minn. Stat. 342.01 subd. 37, or its successor statute. (g) Public place. A “public place”, means property owned, leased, or controlled by a governmental unit, including, but not limited to: a public park or trail, public street or sidewalk; as well as any enclosed, indoor area used by the general public, including, but not limited to: educational facilities, theaters, restaurants, bars, 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 regularly and frequently open to or made available for use by the public. (h) Exceptions to public place or place of public accommodation. “A public place” 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” has the definition given to it by Minn. Stat. 144.413 subd. 4, or its successor statute. 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 unless the premises is an establishment or event licensed to permit on-site consumption of adult-use cannabis flower and adult use cannabis products. See State Legislation, Art. 1, Sec. 9 (Minn. Stat. § 342.09, subd. 1(2) or successor statute); see also State Legislation, Art. 1, Sec. 9 (Minn. Stat. § 342.09, subd.1 (7)(iii) or successor statute); and State Legislation, Art. 4, 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, Art. 1, Sec. 9 Minn. Stat. § 342.09, subd. 1 (7)(b)(9) or successor statute. SECTION 4. PENALTY Subd. 1. Criminal Penalty. A violation of this ordinance shall be a petty misdemeanor punishable by a fine of up to $300. Violations of this ordinance shall be prosecuted by the County Attorney. Nothing in this ordinance prohibits the County Attorney from seeking prosecution for any other alleged violation of law. 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 immediately from and after its passage and publication as required by law. ADOPTED by the Nobles County Commissioners this 22nd day of August, 2023. Attest: /s/ Robert S. Demuth, Jr Nobles County Board Chair CERTIFICATION I, Bruce Heitkamp, County Administrator of said County of Nobles, do hereby certify that I have compared the foregoing copy with the original resolution adopted by the County Board on the 22nd day of August, 2023 and now remaining on file and of record in my office and that the same is a correct transcript and of the whole of such original. Witness my hand and official seal this 22nd day of August, 2023. SEAL /s/ Bruce Heitkamp Bruce Heitkamp, County Administrator Nobles County, Minnesota (Aug. 30, 2023) 254260 Read More
COUNTY OF NOBLES STATE OF MINNESOTA ORDINANCE No.: 202303 ORDINANCE REGULATING THE USE OF CANNABIS AND CANNABIS DERIVED PRODUCTS IN PUBLIC PLACES THE NOBLES COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS FOLLOWS: SECTION 1. PURPOSE AND INTENT This Ordinance is adopted by the Nobles County Commissioners for the purpose of protecting public health and safety by regulating the use of Cannabis and cannabis-derived products in public places within Nobles 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 will become 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, Art. 4, Sec. 19 (Minn. Stat. § 152.0263, subd. 5, or successor statute). The County wishes 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. 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” has the definition given to it by Minn. Stat. 342.01 subd. 3, or its successor statute. (b) Adult-use cannabis products. “Adult-use cannabis products” has the definition given to it by Minn. Stat. 342.01 subd. 4, or its successor statute. (c) Cannabis flower. “Cannabis flower” has the definition given to it by Minn. Stat. 342.01 subd. 16, or its successor statute. (d) Cannabis product. “Cannabis product” has the definition given to it by Minn. Stat. 342.01 subd. 20, or its successor statute. (e) Hemp derived consumer products. “Hemp derived consumer products” has the definition given to it by Minn. Stat. 342.01 subd. 37, or its successor statute. (f) Lower-potency hemp edible. “Lower-potency hemp edible” has the definition given to it by Minn. Stat. 342.01 subd. 37, or its successor statute. (g) Public place. A “public place”, means property owned, leased, or controlled by a governmental unit, including, but not limited to: a public park or trail, public street or sidewalk; as well as any enclosed, indoor area used by the general public, including, but not limited to: educational facilities, theaters, restaurants, bars, 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 regularly and frequently open to or made available for use by the public. (h) Exceptions to public place or place of public accommodation. “A public place” 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” has the definition given to it by Minn. Stat. 144.413 subd. 4, or its successor statute. 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 unless the premises is an establishment or event licensed to permit on-site consumption of adult-use cannabis flower and adult use cannabis products. See State Legislation, Art. 1, Sec. 9 (Minn. Stat. § 342.09, subd. 1(2) or successor statute); see also State Legislation, Art. 1, Sec. 9 (Minn. Stat. § 342.09, subd.1 (7)(iii) or successor statute); and State Legislation, Art. 4, 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, Art. 1, Sec. 9 Minn. Stat. § 342.09, subd. 1 (7)(b)(9) or successor statute. SECTION 4. PENALTY Subd. 1. Criminal Penalty. A violation of this ordinance shall be a petty misdemeanor punishable by a fine of up to $300. Violations of this ordinance shall be prosecuted by the County Attorney. Nothing in this ordinance prohibits the County Attorney from seeking prosecution for any other alleged violation of law. 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 immediately from and after its passage and publication as required by law. ADOPTED by the Nobles County Commissioners this 22nd day of August, 2023. Attest: /s/ Robert S. Demuth, Jr Nobles County Board Chair CERTIFICATION I, Bruce Heitkamp, County Administrator of said County of Nobles, do hereby certify that I have compared the foregoing copy with the original resolution adopted by the County Board on the 22nd day of August, 2023 and now remaining on file and of record in my office and that the same is a correct transcript and of the whole of such original. Witness my hand and official seal this 22nd day of August, 2023. SEAL /s/ Bruce Heitkamp Bruce Heitkamp, County Administrator Nobles County, Minnesota (Aug. 30, 2023) 254260