General Information on Cannabis in the City of White Bear Lake

Summary

Through the 2022 and 2023 Minnesota legislative sessions, the City of White Bear Lake has closely monitored new law relating to cannabis and, within its authority, has adopted local ordinances as it implemented the legislation. The City is the local regulatory authority of the retail sale of edible cannabinoid and cannabis products until the Minnesota Office of Cannabis Management takes over licensing, expected in January 1, 2025. There is an active moratorium prohibiting the operation and establishment of cannabis businesses until then. Read on for more information about cannabis and the City.

White Bear Lake City Council Action

The City Council has taken action on various local laws related to edible cannabis products, cannabinoid products, and related business operations.

Ordinance No. 22-09-2057 - Authorizes moratorium on the sale of cannabis products (Expired Aug. 30, 2023)
Ordinance No. 23-07-2063 - Authorizes moratorium on the operation and establishment of cannabis businesses (Until Jan. 1, 2025)
Ordinance No. 23-08-2067 - Requires license and imposes regulations on the retail sale of edible cannabinoid products
Ordinance No. 23-09-2068 - Prohibits the use of cannabis products in public places
Ordinance No. 23-09-2069 - Fee Schedule amendment relating to edible cannabinoid products

For Businesses - Edible Cannabinoid Retailers

Pursuant to City Ordinance 23-08-2067, relating to the retail sale of edible cannabinoid products, no person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any edible cannabinoid products at any place in White Bear Lake without first having obtained a license from the City, issued in accordance with the City Code.

If you are interested in obtaining a license to sell edible cannabinoid products (lower-potency hemp edibles), click here to learn more about requirements and eligibility.

For Businesses - Cannabis Retailers (i.e. Dispensaries)

At the July 25, 2023 City Council meeting, an interim ordinance was adopted authorizing a study and imposing a moratorium on the operation and establishment of cannabis businesses. During the term of this ordinance, which remains in effect until January 1, 2025, no business, person, or entity may establish or operate a cannabis business within the jurisdictional boundaries of the City. Click here to learn more about the interim moratorium ordinance.

For Adult Consumers

It is unlawful for a person to use a cannabis product in a public place within the City. “Public place” means any park, right-of-way, or parking lot. Click here to learn more about Ordinance No. 23-09-2068, an ordinance prohibiting the use of cannabis in public places.

Background and MN Legislation

The Minnesota Legislature enacted, and Governor signed, 2023 Minnesota Session Laws, Chapter 63 – H.F. No. 100 (“Act”), which is comprehensive legislation relating to cannabis including, but not limited to, the establishment of the Office of Cannabis Management (“OCM”), legalizing and limiting the possession and use of cannabis and certain hemp products by adults, providing for the licensing, inspection, and regulation of cannabis businesses and hemp businesses, taxing the sale of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan programs, amending criminal penalties, providing for expungement of certain convictions and providing for the temporary regulation of certain edible cannabinoid products.

The Act provides local units of government certain authority related to cannabis businesses, including the authority to (1) require local registration of certain cannabis businesses operating retail establishments, (2) adopt reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, provided that such restrictions do not prohibit the establishment or operation of a cannabis businesses, (3) limit the number of certain cannabis businesses based on the population of the community, and (4) prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

The Act requires the OCM, which was established effective July 1, 2023, to work with local governments to develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of cannabis businesses. The Act also requires the OCM to establish additional rules and regulations relating to the operation of cannabis businesses. The City will benefit from reviewing and analyzing the OCM’s model ordinances, rules and regulations before making any decisions related to the regulation of cannabis businesses in the City.

The Act expressly allows a local unit of government that has authorized a study of reasonable restrictions on the time, place and manner of the operation of cannabis businesses to adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the jurisdiction or a portion thereof until January 1, 2025.

Given the uncertainty regarding the model ordinances to be developed by the OCM and the broad scope of the changes to Minnesota law brought about by the Act, the City Council of White Bear Lake adopted Ordinance No. 23-07-2063 at its July 25, 2023 regular meeting, which authorized a moratorium on the operation and establishment of cannabis businesses.