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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: '.C�/1 Amy Domeier, City Clerk APPROVED AS O FORM AND LEGALITY: City Attome ignature ate