VII.4. First Reading Ordinance Amending Chapter 30 Adding a New Section Prohibiting Cannabis and Hemp Use in Public Places and amending Chapter 32 by ; DomeierLenzDOCSOPEN\HP145\1\893347.v2-8/3/23
CITY OF HOPKINS
City Council Report 2023-080
To:
From:
Date:
Subject:
Honorable Mayor and Council Members
Mike Mornson, City Manager
Ari Lenz, Assistant City Manager
Amy Domeier, City Clerk
August 8, 2023
First Reading: Ordinance Amending Chapter 30 of the Hopkins City Code
by Adding a New Section Prohibiting Cannabis and Hemp Use in Public
Places and amending Chapter 32 by Adding a New Section to Chapter 32
Prohibiting Smoking in City Parks
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Adopt for First Reading on an Ordinance Amending Chapter 30 of the
Hopkins City Code by Adding a New Section Prohibiting Cannabis and Hemp Use
in Public Places and amending Chapter 32 by Adding a New Section to Chapter
32 Prohibiting Smoking in City Parks.
OVERVIEW
The Cannabis Act legalizes the possession and use of cannabis flower and cannabis
products on August 1, 2023, meaning personal possession and use are generally no
longer illegal under Minnesota law. The Cannabis Act makes use of cannabis illegal
when operating a motor vehicle and at the following locations: public school or charter
schools and buses; state correctional facilities; in a location where the smoke, aerosol
or vapor from the use of cannabis could be inhaled by a minor; on federal property; and
smoking or vaping within a multifamily housing building. Additionally, owners of day
care must disclose to parents if the proprietors permit use of cannabis outside of normal
business hours.
As described further below, the Cannabis Act allows cities to adopt an ordinance
making use of cannabis and hemp products a petty misdemeanor in public places.
City Ordinance – Use In Public A Petty Misdemeanor
a.Definition of Public Place
In addition to the statewide prohibitions listed above, the Cannabis Act allows a local
unit of government to prohibit use of cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products in a public place and allows the
local unit of government to define what constitutes a “public place.”
However, the definition of “public place” cannot include the following places: (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
Administration
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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.
The draft ordinance defines public place broadly to include “any indoor or outdoor area
that is used or held out for use by the public whether owned or operated by public or
private interests.” The definition also excludes the places listed above that must be
excluded.
b. Penalty Is A Petty Misdemeanor/Establishing A Fine.
The penalty that can be established for use of cannabis or hemp in a public place is a
petty misdemeanor as provided for in the Cannabis Act. The Cannabis Act does not
specially allow for use in public places to be a misdemeanor or other more severe
penalty.
The City may, however, establish a fine for a petty misdemeanor offense. State statute
allows a petty misdemeanor to carry a fine of up to $300. The draft ordinance also
amends the city’s fee schedule to include that the fee for using cannabis or hemp in a
public place is $100.
Additional Considerations
a. Medical Cannabinoid Exemption.
The attached draft prohibits the use of medical cannabis flower (because it is included
in the definition of cannabis flower) and medical cannabinoids (because it is included in
the definition of cannabis product) in public places. The City could choose to exempt
medical cannabinoid products from the prohibition, but still prohibit use of medical
cannabis flower and the smoking, vaping, or inhalation of aerosol of medical
cannabinoid products. This would still prohibit the smoking, vaping, or inhalation of
aerosol of all cannabis within the City, while allowing patients registered with the state’s
medical cannabis program to use other medical cannabinoid products in public places.
b. Different Definition of Public Place
The definition of public place is very broad. If the Council desires, the definition of public
place could be defined to be more limited. For example, instead of including all public
and private locations, the definition could include only publicly owned places, streets,
sidewalks, parks, etc.
SUPPORTING INFORMATION
• Draft Ordinance 2023-1197
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2023-1197
AN ORDINANCE AMENDING CHAPTER 30 OF THE HOPKINS CITY CODE
BY ADDING A NEW SECTION PROHIBITING CANNABIS AND HEMP USE IN
PUBLIC PLACES AND CHAPTER 32 TO CODIFY THE PROHIBITION OF SMOKING
IN CITY PARKS
THE CITY COUNCIL OF THE CITY OF HOPKINS, ORDAINS AS FOLLOWS:
SECTION 1. Chapter 30 of the Hopkins, Minnesota, City Code is hereby amended to
include a new Article III – Miscellaneous Offenses by adding the double underlined
language as follows:
ARTICLE III. – MISCELLANEOUS OFFENSES
Sec. 30-24. - Posting bills.
It is unlawful to put up any handbills, advertisements, posters, show bills, or
other signs on any building, pole, or property not owned by that person without
permission from the owner of the property.
SECTION 2. Chapter 30 of the Hopkins, Minnesota, City Code is hereby amended to
include a new Section 30-27 by adding the double underlined language follows:
Sec. 30-27. -Use of cannabis and hemp in public places.
(a) Definitions.
(1) For purposes of this article, the terms “cannabis flower,” “cannabis
products,” “lower-potency hemp edibles,” and “hemp-derived consumer
products” shall have the definitions given to them in Minnesota Statutes,
section 342.01, as it may be amended from time to time.
(2) For purposes of this article, “public place” is defined as any indoor or
outdoor area that is used or held out for use by the public whether owned
or operated by public or private interests. Pursuant to Minnesota Statutes,
section 152.0263, subd. 5, “public place” does not include the following: (i)
a private residence, including the person's curtilage or yard; (ii) private
property not generally accessible by the public; and (iii) the premises of an
establishment or event licensed to permit on-site consumption of cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products.
(b) Use of cannabis and hemp prohibited in public places. No person shall use
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a public place. A violation of this section shall be considered
a petty misdemeanor notwithstanding any other penalty provision in the city code,
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and the city council may establish a corresponding fine in its fee schedule for
violations of this section.
SECTION 3. The City Council of the City of Hopkins hereby amends City Code, Appendix
A, which contains the City’s fee schedule, by adding the double underlined language as
shown in the excerpt below:
Cannabis/Hemp Use In A Public Place $100
SECTION 4. Chapter 32, Article II of the Hopkins, Minnesota, City Code is hereby
amended to include a new section as follows:
Sec. 32-45 Smoking in Parks Prohibited
Smoking is prohibited in all City parks, in all public parking lots adjacent to City parks, and
inside all motor vehicles located in any City park or adjacent public parking lot. Smoking
shall include inhalation of smoke, aerosol, or vapor of any substance, including, but not
limited to tobacco products as defined in Section 10-459 and cannabis products or hemp
products as defined in Minnesota Statutes, section 342.01.
SECTION 5. Chapter 32, Article 1, Section 32 of the Hopkins, Minnesota, City Code is
hereby amended by deleting the stricken material and adding the double underlined
material as follows:
Sec. 32-2. - Violations constitute petty misdemeanors.
Violation of a regulatory provision of this section chapter is a petty misdemeanor.
SECTION 6. In accordance with Section 3.03 of the City Charter and Minn. Stat. §
412.191, subd. 4, due to the significant length of this Ordinance, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On August 15, 2023, the Hopkins City Council adopted Ordinance 2020-1156 that
amends Chapter 30 of the Hopkins City Code. The purpose of amending the City
Code was to prohibit the use of cannabis and hemp in public places and to prohibit
smoking of any substance in City parks. The Ordinance also made minor technical
updates to the structure and wording of parts of Chapters 30 and 32. A printed
copy of the ordinance is available for inspection during regular business hours at
Hopkins City Hall and is available online at the City’s web site located at
www.hopkinsmn.com.
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SECTION 7. The effective date of this ordinance shall be August 24, 2023.
First Reading: August 8, 2023
Second Reading: August 15, 2023
Date of Publication: August 24, 2023
Date Ordinance Takes Effect: August 24, 2023
______________________________
Patrick Hanlon, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk