During Tuesday's work meeting, the Minnesota City Council discussed the legalization of edible marijuana and how to handle it, but did not provide any guidance on regulating its sales.
According to City Prosecutor Robert Scott, the law allows for the sale of food or drink containing THC up to 0.3%. He stated that, although individuals can sell these products, the law does not specify where, how, or in what manner businesses can sell them. City Manager Chris Dahlstrom commented that the bill went unnoticed and has caused many cities in Minnesota to rush to take action. Police Chief David Borchert confirmed that the use of edible marijuana is a hot topic among the state police department, with the most significant concern being how to prevent the products from falling into the hands of minors. Enforcing other marijuana laws is also complicated, as Borchert noted that the use of marijuana is still illegal in Minnesota, but individuals caught using it can now claim it was for consumption purposes.
This is complicated (enforcement), it's just that there wasn't enough time to prepare," he said. Some cities have implemented a year-long pause on the sale of edible marijuana, giving them the opportunity to catch up with new laws.
Dalton confirmed that at least one business in the east side of town, New Ulm, is selling edible marijuana. Scott confirmed that there are regulations prohibiting the sale of food to anyone under the age of 21. Tobacco products are typically sold behind the counter to minimize exposure to minors.
Scott stated that the consensus in Minnesota cities is to view the consumption of marijuana as a licensing issue. Many of the statewide approved regulations require licenses for products, similar to the regulation of tobacco. The Chair of the Council, Andrea Boettger, suggested that tobacco and e-cigarette licenses be included and urged for some form of registration.
Les Schultz, a legislator, is concerned that under current regulations, individuals over the age of 21 may potentially sell marijuana to minors. Therefore, he is in favor of temporarily halting sales.
Boettger stated that she does not want to take away anything legal from people. Scott is concerned about the pause in licensing. He believes they are better suited for land use issues rather than products. In theory, the pause does not stop any current edible marijuana sales operations but only prevents new ones from being licensed. Scott said that the permitting process is more defensive and easier to enforce. Most importantly, it forces them to register so that the city knows who is selling it.
During a working meeting, council member Larry Mack inquired about the possibility of limiting the number of marijuana licenses available for sale within city limits. In response, Scott stated that, overall, the city has the ability to regulate license quantities. Mack suggested that the city limit the number of marijuana licenses similar to their limitation of tobacco licenses. As no action could be taken during the discussion, the council unanimously agreed to recommend the city attorney draft an official meeting ordinance.
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