At the county board’s May 23 meeting, the public had an opportunity to be heard on the proposed ordinance regulating the sale of hemp-derived cannabinoid products.
The Minnesota legislature has approved a measure to legalize adult use of hemp-derived cannabinoid products for recreational use. The state has had a medical cannabis program since 2014. As this measure for recreational use was making its way through the legislature, Fillmore County formed a committee to draft an ordinance to regulate the sale and use of these products within the county.
Citizens could express their opinion by letter or email or in person at the public hearing. Only three citizens were heard from and all of them were against use of cannabis products in the county. County Administrator Bobbie Hillery read two letters asking the board to ban the use of recreational cannabis. Aaron Swartzentruber in his letter included statistics from Colorado which showed an increase in traffic deaths, black market issues, and tax revenue that was less than 1% of the budget. Vern Bunke in his letter insisted cannabis affects cognition, driving, and decision making. Gerald Wolf, speaking in person, called this a black and white decision, stating the sale of cannabis will be bad for communities and to not follow the crowd, but reject the proposal.”
Discussion followed. County attorney Brett Corson said it was pretty clear that the county does not have the authority to ban the use of cannabis products, but we do have the authority to regulate the sale of them. Commissioner Mitch Lentz suggested we don’t have to approve licenses to sell. Corson maintained we will need a reason not to approve a license.
Hillery explained the ordinance will regulate sales, licensing, and require liability insurance. These regulations will be similar to those for alcohol. Commissioner Duane Bakke said the county’s ordinance can be a model ordinance which cities may adopt to manage cannabis use in their community. Cities could adopt the same ordinance or adopt a more restrictive ordinance.
Legislation says we can’t completely prohibit use, but we can regulate its use. Brenda Pohlman, Public Health educator, maintained no portable sales will be allowed; vendors will have to be in a brick-and-mortar store. Vendors will have to comply with the Freedom to Breathe Act.
Governor Walz is expected to sign the legislation. Corson said if he does, we will have an ordinance that says one cannot sell, unless one is licensed. The regulations may limit the number of serious vendors. The current law only applies to low dose product. High dose sales will not be allowed for about a year and a half.
Commissioner Marc Prestby maintained we need the regulation and moved to adopt the ordinance.
A motion to put the THC Ordinance into effect as of July 1 was approved unanimously. Application forms for a license will be available in early June.
Other business in brief
•Mike Bubany, David Drown & Associates, asked the board for direction on the jail bond structure. He recommended using the original structure for the bonds ($6,390,0000), as construction fund earnings that exceed the budgeted amount can be used to lower the county’s cash contribution. The cash can be invested at a higher rate than that being paid on the bonds. By consensus the board agreed to follow Bubany’s recommendation on the bond structure.
•Paul Hajduk, risk management consultant for Minnesota Counties Intergovernmental Trust (MCIT), presented a report to Fillmore County for 2023. MCIT is not an insurance company, but a risk sharing pool dedicated to helping members manage their risks. Members include 81 Minnesota counties and associated members.
•Tim Penny, president and CEO Southern Minnesota Initiative Foundation (SMIF), said for every dollar donated from Fillmore County, 31 dollars have been invested back into Fillmore County communities. SMIF covers a 20-county region in southeast Minnesota, serving them for 37 years. SMIF invests in early childhood needs, economic development/business start-ups, and small towns/community foundations. Fillmore County donated $2,000 in 2022 which allowed SMIF to invest $62,000 in Fillmore County.
•A conditional use permit was approved for Croell, Inc. to set up a temporary Portable Concrete Plant on property owned by John and Jeff Rein, Section 35 Holt Township. The road project and removal of the temporary plant must be completed by July 1.
•An authorization was approved to execute a MnDot grant agreement for Airport Improvement (Airport Terminal Building). Fillmore County accepts the grant from the Federal Aviation Administration (FAA). The funds are received and disbursed by the state.
•Joseph Drinkwine was hired as a full-time eligibility worker, effective June 12.
•The request for retirement from Brian Miner, sheriff’s department, effective July 20 was accepted with thanks for his 28 years of service. A request to advertise for a replacement sheriff’s deputy was approved.
•Brady Meyer, sheriff’s deputy, was promoted from part-time to full-time, effective June 23.
•A quote from BDS in the amount of $2,799 was approved to provide and install a handicap door in the Fillmore County Office building.
•The next county board meeting will be held on June 6.
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