Ordinance Regulating the Use of Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles, or Hemp-Derived Consumer Products in a Public Place.
ORD - 269
Notice of Enactment: The Sherburne County Board of Commissioners hereby ordains an Ordinance Regulating the Use of Cannabis Flower, Cannabis Products, Lower-Potency Hemp Edibles, or Hemp-Derived Consumer Products in a Public Place. The Ordinance is included in full below. This Ordinance is effective on the date of publication. The full Ordinance is on file with the Sherburne County Auditor/Treasurer, 13880 Business Center Drive, Elk River, MN 55330 (M-F; 8-4:30).
SHERBURNE COUNTY ORDINANCE # 269
An ordinance relating to the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place.
The County Board of Sherburne County Ordains:
Section 1. Purpose. The purpose of this ordinance is to regulate the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place in order that the health, safety and welfare of all persons in Sherburne County, residents and visitors alike, may be protected.
It is the County’s intent to be consistent with Minnesota Statute. Pursuant to Minn. Stat. § 342.09 an individual may not: (1) Vaporize or smoke cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, or vapor would be inhaled by a minor, or (2) In a manner that involves the inhalation of smoke, aerosol, or vapor at any location where smoking is prohibited under section 144.414 of the Clean Indoor Air Act.
Section 2. Statutory Authority. State legislation authorizes adoption of ordinances to regulate actual or potential threats to the public health. See Minn. Stat. § 145A.05, subds. 1 and 7. The County wishes to be proactive in protecting public health and safety by enacting regulations that will mitigate threats presented to the public and public health by the public use of cannabis.
Furthermore, Minn. Stat. Ch. 342 and Minn. Stat. § 152.0263, subd. 5, as may be amended from time to time, allow local units of government to limit the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place.
Section 3. Jurisdiction. This ordinance shall apply to all public places within Sherburne County, except for those public places which are located in a city whose boundaries do not lie wholly within the boundaries of Sherburne County, or a city with a population over 25,000. This ordinance shall govern any Sherburne County owned property, Sherburne County owned parks, and Sherburne County Fair Grounds regardless of which city or township they are in.
Section 4. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term “shall” means mandatory and the term “may” means permissive. The following terms shall have these definitions given to them:
Subd. 1. “Board” means the Sherburne County Board of Commissioners who also comprise the Community Health Board for Sherburne County.
Subd. 2. “Cannabis Flower” shall have the same meaning as defined in Minn. Stat. §342.01, subd. 16, as amended from time to time.
Subd. 3. “Cannabis Products” shall have the same meaning as defined in Minn. Stat. §342.01, subd. 20, as amended from time to time.
Subd. 4. “County” means the County of Sherburne.
Subd. 5. “Edible cannabis product” shall have the same meaning as defined in Minn. Stat. §342.01, subd. 31, as amended from time to time.
Subd. 6. “Hemp-derived consumer products” shall have the same meaning as defined in Minn. Stat. §342.01, subd. 37, as amended from time to time.
Subd. 7. “Lower-potency hemp edibles” shall have the same meaning as defined in Minn. Stat. §342.01, subd. 50, as amended from time to time.
Subd. 8. “Park” shall mean:
(a) any park, parkway, zoological or horticultural garden, recreation open space, lake or other waters, golf course, swimming pool, athletic field, trails and pathways, or
(b) any government owned land or water area above the ordinary high-water mark, and all facilities thereon, established as a part by Sherburne County pursuant to its authority under Minnesota Statutes, or
(c) any other area owned, improved, maintained, operated or otherwise controlled by the County of Sherburne for recreation and natural resource preservation purposes.
Subd. 9. “Person” means any individual natural human being, partnership, corporation, firm, company, association, society, or group.
Subd. 10. “Place of Public Accommodation” means a business or a refreshment, entertainment, recreation or transportation facility of any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public.
Subd. 11. “Public Place” means:
(a) Any outdoor area or indoor area, whether privately or publicly owned, to which the public have access by right of invitation, expressed or implied. This includes but is not limited to – theaters, restaurants, bars, food establishments, places licensed to sell intoxicating liquor, wine, or malt beverages, retail businesses, gyms, common areas in buildings, public shopping areas, auditoriums, arenas, or other places of public accommodation, public transportation including a conveyance that any person holds out to transport individuals for hire, sidewalks, streets or rights-of-way, lakes or navigable waterways, or boats,
(b) Any Park in the County,
(c) County Fair Grounds, or
(d) Any County owned or leased property.
(e) A “Public Place” or a “Place of Public Accommodation” does not include the following:
(1) a private residence, including the person’s curtilage or yard which includes an ice shelter that is properly licensed or inside a fully enclosed cabin on a boat that is designed as living quarters;
(2) private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or
(3) the premises of an establishment or event licensed to permit on-site consumption.
Subd. 12. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products. Smoking includes carrying or using an activated electronic delivery device for human consumption through inhalation of aerosol or vapor from the product.
Section 5. Prohibited Activity. A Person shall not use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a Public Place or Place of Public Accommodation.
Section 6. Possession and Transportation. The possession or transportation of cannabis flower, cannabis products, hemp-derived consumer products, lower-potency hemp edibles, and edible cannabis products is separate and distinct from their use. Possession or transportation are permitted or prohibited as set forth in Minnesota State Statutes.
Section 7. Penalty. Violation of this Ordinance shall be a petty misdemeanor. Nothing in this ordinance prohibits the County from seeking prosecution for an alleged violation.
Section 8. Severability and Savings Clause. If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or affect the validity and enforceability of any other section or provision of this Ordinance.
Section 9. Effective Date. This ordinance shall take effect upon its passage and shall be published as required by law.
This Ordinance was passed by the Sherburne County Board of Commissioners on the 19th day of September 2023, and duly filed with the Sherburne County Auditor/Treasurer.
/s/ Lisa A. Fobbe, County Board Chairperson
Sherburne County Board of Commissioners
(Published in the Patriot: 09/30/23.)