IV.5. Second Reading: Ordinance 2016-1115 Related to Medical Marijuana Distribution Facilities; Lindahl (Memo)MEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: October 18, 2016
Subject: Second Reading for Ordinance 2016-1115 Related to Medical Marijuana
Distribution Facilities
Proposed Action
The City Council’s action is to approve the second reading of Ordinance 2016-1115 and order the
ordinance published.
Overview
Ordinance 2016-1115 will add definitions for “Medical Marijuana” and “Medical Marijuana
Distribution Facilities” and add Medical Marijuana Distribution Facilities as a permitted use in all
Business districts, subject to all provisions in Minnesota Statutes 152.22 through 152.37 and
Minnesota Rules Chapter 4770. The ordinance makes no changes to the zoning regulations with
regard to medical marijuana laboratories or manufacturing facilities.
As a result, distribution facilities will become a permitted use in all Business districts subject to state
regulations. Laboratories, as currently allowed under the zoning regulations, may conduct tests of
medical marijuana subject to state regulations. Manufacturing facilities are prohibited because they
are not specifically defined or listed as allowed in the zoning regulations.
On October 4, 2016, the City Council approved Resolution 2016-069, approving the first reading of
Ordinance 2016-1115 amending the City Code related to medical marijuana facilities. The Planning
& Zoning Commission reviewed this item and held public hearings during the June 28, August 30
and September 27, 2016, meetings. During the September 27 meeting, the Planning & Zoning
Commission voted unanimously to recommend the City Council approve this item.
Attachments
Ordinance 2016-1115
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1115
AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE
RELATED TO MEDICAL MARIJUANA DISTRIBUTION FACILITIES
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 515.7, Definitions, is hereby amended to add the following:
Medical Marijuana: Any species of the genus cannabis plant, or any mixture or preparation of
them, including whole plant extracts and resins and is delivered in the form of (1) liquid, 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 that has been approved by the Commissioner of the
Minnesota Department of Health under Minnesota Statute 152.25.
Medical Marijuana Distribution Facility: An establishment engaged in the sale and distribution
of medical marijuana that is validly registered and approved by the State of Minnesota.
SECTION 2.
535 Subdivision 3, Permitted Uses, is hereby amended to add the following:
Permitted Uses B-1 B-2 B-3 B-4
Medical Marijuana Distribution Facilities, subject to all provisions
in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chapter 4770
as each may be amended from time to time
X X X X
SECTION 3. This ordinance shall take effect and be in force upon its publication, in accordance
with Section 3.07 of the City Charter.
First Reading: October 4, 2016
Second Reading: October 18, 2016
Date of Publication: October 27, 2016
Date Ordinance Takes Effect: October 27, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk