2015-1092 Interim Ordinance Temporarily Prohibiting Medical Cannibas Manufacturing and Distribution Facilities CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2015-1092
AN INTERIM 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 (2014)(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 liquid or 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
Commissioner 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, delivery devices, or
related supplies and educational materials.
Distribution Facility. A center for the distribution of medical cannabis operated
by a medical cannabis manufacturer.
SECTION 3. INTENT AND AUTHORIZATION:
A. It 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 facilities 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 public health, safety, and
welfare as they relate to medical 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 ordinance set forth in
Minnesota Statutes § 462.355, Subd. 4 is incorporated herein by reference.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect on the date of
publication 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.
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
Eugene J. axwell, Mayor
ATTEST:
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Amy Domeier, City Clerk
APPROVED AS O FORM AND LEGALITY:
City Attome ignature ate