There’s a lot of confusion out there about what people can or cannot do. What will be recommended at the council meeting on Aug. 16 is that we will not allow cannabis to be smoked in parks or any open spaces that are exposed to the public.”

Mayor Myron Bailey

With cannabis legalized this spring by the Minnesota legislature and Gov. Tim Walz, high-potency THC products are set to come to market across the state in the near future. The new law allowing legal use for adults 21 and older came into effect on Aug. 1, but the roll-out is not immediately effective across the state. At a July 26 Special Council meeting, the Cottage Grove City Council heard recommendations from City Attorney Kori Land on how best to regulate the new products within the community.

Having already placed a one-year moratorium on the addition of any new low-potency cannabis/CBD products or businesses within city limits in August 2022, Cottage Grove is looking to enact a similar interim ordinance to effectively manage the eventual introduction and use of higher-potency products as they become available on the market. Only one retail establishment, Highnorth, is currently licensed in Cottage Grove to sell CBD and THC products.

Even with the new legalization in effect on Aug. 1, current dispensaries across the state will not yet be legally allowed to sell the new stronger cannabinoid products. That will change when the state’s newly-created Office of Cannabis Management (OCM) is organized and ready to issue licenses for higher-potency products to new and existing businesses, which is not expected to take place until January 2025.

Minnesota residents are now allowed to grow their own cannabis in quantities up to eight plants, store up to 2 pounds at their private residence, and possess 2 ounces on their person in public. That doesn’t mean there are no restrictions. At present, cannabis still cannot be purchased or sold legally within the state, cannot be purchased elsewhere and brought into the state, may only be consumed in private residences with the owner’s approval, or in some public spaces if allowed by the city. Concerns have been raised about where and how it can be used, and also what implications this may have for law enforcement and public safety.

Minnesota cities maintain the ability to regulate how cannabis is made available to the public within their borders, and many municipalities around the state are acting to manage what the new legalization will mean for their residents. Some cities are acting to place restrictions on licensing and zoning for use of the new products, and Cottage Grove is looking to do the same.

Land recommended at the Special Council meeting that the city council adopt an interim ordinance specifically prohibiting “the establishment of adult uses” of cannabis products above current legal levels, currently 0.3% THC or 5mg per edible serving. This would allow existing CBD and low-potency THC products to continue to be legally sold and purchased at licensed dispensaries, but anything above the current threshold would remain illegal within city limits.

Also recommended at the meeting by Land was a prohibition of cannabis use in public places in Cottage Grove. Once the OCM begins issuing licenses to businesses in 2025, some establishments may be able to permit on-site consumption and some cities may allow use in public spaces such as parks. Land noted that the newly-passed state law doesn’t identify any specific penalty for violating the rules of where cannabis can be consumed. This ordinance would establish any violation of the proposed public spaces prohibition enforceable as a petty misdemeanor in Cottage Grove.

The council heard the recommendations, and both items have been placed on the Aug. 16 city council meeting agenda for discussion and potential approval. The 7 p.m. council meeting will constitute a public hearing, allowing time for any residents who wish to voice their thoughts to the council.

Mayor Myron Bailey commented on the issue, saying, “There’s a lot of confusion out there about what people can or cannot do. What will be recommended at the council meeting on Aug. 16 is that we will not allow cannabis to be smoked in parks or any open spaces that are exposed to the public. For example, walking down the street or on the sidewalks. Obviously, people can smoke it on their personal properties; in their homes, their yards, their property. But people would not be able to smoke marijuana in the mall, at Target, or the parking lot at Menards, or anything like that.”

“The League of Minnesota Cities is recommending that cities do this, because there’s so much confusion,” Bailey added. “No one can sell it right now, but so many people are confused about it. The recommendation is to let our business community and residents know that there will be no cannabis or marijuana sales within the city until after the state establishes the board that is going to be managing it."