Amendment to Adult-Use Cannabis Bill Adds Local Enforcement Authority

February 13, 2023

The House bill was amended to include local registrations for certain cannabis businesses.

For more background information about this bill, read a previous article.

A bill to legalize adult-use cannabis, HF 100, (Rep. Zack Stephenson, DFL-Coon Rapids)/ SF 73 (Rep. Lindsey Port, DFL-Burnsville) continues to move through the House and Senate.

The House Workforce Development Finance and Policy Committee on Feb. 6 amended HF 100 to include provisions related to local control. The amendment has not been adopted in the Senate at this time.

What’s included in the amendment

The amendment makes the following changes:

  • Adds public parks, including playgrounds, athletic fields, or other attractions regularly used by minors to the list of places upon which a local unit of government can place zoning restrictions of up to 1000 feet.
  • Requires that the Office of Cannabis Management respond within 24 hours to (and if necessary, complete inspections for) a local unit of government if a cannabis business poses an immediate threat to the health or safety of the public.

Local registration of cannabis businesses

The amendment also establishes a local registration process for cannabis retailers, cannabis microbusinesses with a retail operations endorsement, lower potency edible product retailers, or medical cannabis retailers that require a local registration before retail sales can be made to customers or patients. Local governments could charge an initial and renewal fee of up to $200.

The amendment:

  • Provides that a local unit of government shall issue a registration if the applicant meets various requirements, including being current on all property taxes and assessments at the retail location.
  • Requires that a local unit of government conduct compliance checks of every cannabis business with a retail registration and authorizes the local unit of government to suspend or revoke a license if the local unit of government determines that a registered cannabis business is not operating in compliance.

Read the full amendment to HF 100 (pdf)

Next steps for the bill

League staff continue to attend and testify at hearings and work with legislators on achieving local authority and revenue sharing in the bill.

Background on the bill

The League of Minnesota Cities has been following the issue of cannabis and cannabinoid-related issues closely since the enactment of the 2022 Legislature’s edible THC law, which left significant gaps in the oversight of the products. Cities have since provided regulation over the products through local licenses and moratoriums.

HF 100 is similar to previous legislation passed by the House to legalize adult-use cannabis but is expanded to include the edible THC products. The bill as drafted would establish a Cannabis Management Board, which would be responsible for all licensing and oversight of cannabis and cannabinoid products. The bill was introduced with extremely limited local control. Though HF 100 was amended with some additional local authority, League staff continue to work with the bill authors to strengthen the provisions.

Previous League testimony on adult-use cannabis

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