7.b. First Reading: An Interim Ordinance Temporarily Prohibiting Medical Cannibas Manufacturing and Distribution Facilities; Anderson (CR2015-042)Apri 11, 2015 -Co Council Report 15-42
Proposed Action
Staff recommends the following action: Move to adopt Ordinance 15-1092, an interim ordinance
temporarily prohibiting medical. cannabis manufacturing and distribution facilitiLes., for first
reading.
Overview
In the last legislative session, the legislature passed a medical cannabis program. Last fall the
Minnesota Department of Health selected two, manufacturers responsible for growing,
processing, and distributing medical cannabis products. These manufacturing facilities are
located in Cottage Grove and Otsego. The state law allows up to eight medical distribution
centers throughout the state. The state law allows medical cannabis distribution to patients to
begin on July 1, 2015. Currently the City of Hopkins has no zoning and land use regulations
regarding medical cannabis.
The interim ordinance will allow the City staff to study the manufacturing and distribution of
medical cannabis and determine whether the zoning ordinance needs to be amended for this use.
Primary Issues to, consider
a When will the ordinance become effective?
The ordinance will become effective on April 30"', the date it is published.
Supporting Documents
0 Ordinance 15-1092
�T�Ilv A (If� uxa)
Nancyr�dcrson, AICD
City PlIner
Council Repoil CR 15-42
Page 2
Alternatives
1. Approve the interim ordinance to allow for a study to determine whether there should be land use
regulations regarding medical cannabis. By approving the interim ordinance, the staff will have
time to study whether there should be amendments to the zoning ordinance regarding the
manufacture and supply of medical cannabis.
2. Deny the interim ordinance to allow time for a study of the use of medical cannabis. By denying
th.e interim ordinance the zoning ordinance will not be amended. If the City Council considers
this alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further infon-nation is
needed, the item should be continued.
CITY OF HOPKINS
[T -Co •
Ordinance N�o. 2015-1092
An IInterirm Ordinance Temporarily
Prohibiting Medical Cannabis
Manufacturing and Distribution Facilities
THE CITY OF HOPKINS, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS AND PURPOSE:
A. The City Council finds that it is necessary to temporarily preserve the status quo regarding
the City's regulation of land uses through its official controls following the Minnesota
Legislature's passage of the Medical Cannabis Therapeutic Research Act of 2014, Minnesota
Session Laws, Chapter 311, §§ 1-22 (20,14)(the "Act").
B. The City finds that medical cannabis manufacturing and distribution facilities represent new
land uses not presently addressed in the City's official controls and never previously studied
by the City.
C. The City finds that such uses should be studied for the purpose of determining whether
amendments or additions to the City's official controls may be necessary to protect the
public health, safety, and welfare.
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,
Medical Cannabis. Any species of the genus cannabis plant, or any mixture or
preparation of them, including whole plant extracts and resins, which is delivered in the
form of:
(1) liquid, including, but not limited to, oil;
(2) pill;
(3) vaporized delivery method with use of liquiclor oil, but which does not
require the use of dried leaves or plant form; or
(4) any other method, excluding smoking, approved by the Minnesota
Comm,issioneir of Health,
Medical Cannabis Manufacturer. Any entity registered by the Minnesota Commissioner
of Health to cultivate, acquire, manufacture, possess, prepare, transfer, transport,
supply, or dispense medical cannabis, clefivery devices, or related supplies and
educational materials,.
Distribution Facility. A center for the, distribution of medical cannabis operated by a
medical cannabis manufacturer.
SECTION3. INTENT AND AUTHORIZATION:
A. I't is the intent of this ordinance to allow the City of Hopkins time, to complete an in-
depth study concerning adoption of revisions of the City's official controls for
medical cannabis manufacturing and distribution facili:ties, and in the interim to
protect the, planning process and health, safety, and welfare of the citizens of the
community.
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 puiblic health, safety, andl welfare as,
they relate to meclicall cannabis manufacturing and distribution facilities,
SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced
study and the adoption of appropriate official controls, the following uses are prohibited within
the City:
• Medical Cannabis Manufacturer
• Distribution Facility
SECTION 5. EXEMPTIONS: The statutory exemption to this ordlinance set forth in Minnesota
Statutes § 462.355, Slubd. 4 is incorporated herein by reference.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect on the, date of publication and
shalll 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.
ADOPTED this 7th day of April, 2015, by the City Council of Hopkins, Minnesota.
First Reading: April 7, 2015
Second Reading: April 21, 2015
Date of Publication: April 30, 2015
Date Ordinance Takes Effect: April 30�, 2015
ATTEST:
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Eugene J. Maxwell, Mayor
Date