Introduce Ordinance #23-15 Tobacco and Cannabis Use Within Public Property and Public Places

In June 2023, the legislature enacted a law legalizing Adult Use of Cannabis. The Office of Cannabis Management (OCM) will be the regulatory agency responsible for licensing all cannabis uses but will not be ready to issue any license for these businesses until approximately January 2025. The City will be responsible for adopting an ordinance to regulate business locations, the number of licenses issued, the requirement to obtain a business license and distance requirements from places where children congregate (parks, daycare centers, schools, etc).  Staff will be working closely with OCM to establish the ordinance requirements and a business license application in 2024.

In the meantime, the City of Ramsey has no regulations regarding the use of cannabis within public property and public places. As of August 1, 2023, the new law authorizes the use of Adult Use Cannabis to anyone over 21 years of age on private property with the permission of the owner. Although the new law allows the use on private property, the law also authorizes cities to enforce violations of use on public property by making it a petty misdemeanor. Staff conducted research on local municipalities' ordinances and, through advice from the League of MN Cities (LMC) and the City Attorney, the attached draft ordinance was created.  The City Attorney has completed his review and supports the draft language.

Currently, the city code does not regulate the use of tobacco and tobacco-related products within public property and public places; it is a policy but not regulated by ordinance. It is recommended by the City Attorney to add language to the ordinance to ensure the use of tobacco and tobacco-related products within public property and public places can be legally enforced.

No public hearing notifcaitons are required.

After the introduction of the ordinance, the City Council will formally act on the adoption or denial of the ordinance at the regular meeting on August 22, 2023. If the ordinance is adopted, it is required to be published for 30 days and will then become effective on September 25, 2023. 

Alternatives:
1. City Council could approve the draft ordinance.
2. City Council could approve with modifications to the draft ordinance language.
3. City Council could deny the daft ordinance.

Not applicable

Staff recommends City Council introduce Ordinance #23-15, Tobacco and Cannabis Use Within Public Property and Public Places

Introduce Ordinance #23-15 Tobacco and Cannabis Use Within Public Property and Public Places