This Ordinance is adopted by the Fillmore County Commissioners for the purpose of protecting public health and safety by regulating and prohibiting the use of cannabinoids in public places and places of accommodation within Fillmore County. The provisions of Minn. Stat. §151.72 and Minn. Stat. §342, as they may be amended from time to time, are hereby adopted by reference and are made a part of this ordinance as if set out in full.
SECTION 2. PURPOSE AND INTENT.
The purpose of this chapter is to regulate and prohibit the use of all forms of cannabinoids to include artificially derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products, and lower-potency hemp edibles in public places and places of accommodation in Fillmore County under Minn. Stat. §151.72 and Minn. Stat. §342 for the following reasons:
(a) Minn. Stat. §342 and §151.72 do not prohibit counties or municipalities from adopting and enforcing local ordinances intended to regulate use of cannabinoids in public places and places of accommodation. The local regulations and ordinances which are incorporated herein for the purpose of regulating and prohibiting use of these products include but are not limited to local zoning and land use regulations and public health and safety regulations (Minnesota Statutes Chapter 145A).
(b) Minn. Stat. §152.0263 Subd. 5 authorizes a local unit of government to adopt a local ordinance establishing a petty misdemeanor offense for the public use of cannabis.
(c) Minn. Stat. §144.417, subd. 4, authorizes enforcement of local government ordinances which are more stringent than state law in protecting individuals form secondhand smoke or from involuntary exposure to aerosol or vapor from electronic delivery devices, including areas outside of restaurants and bars.
(d) The Minnesota Clean Indoor Air Act (MCIAA) under Minn. Stat §144.414 prohibits smoking in public places, places of employment, public transportation, public meetings, licensed childcare facilities, health care facilities and clinics, and in places of public transportation.
(e) Various public health organizations and entities note that the growing acceptance, accessibility, and use of products containing tetrahydrocannabinol (THC), has raised important public health concerns. There is a lack of aggregated knowledge regarding possible negative health effects or dangers associated with cannabinoids such as artificially-derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products, and lower-potency hemp edibles. This has led to uncertainty about the effects of using cannabinoids.
(f) Fillmore County (hereinafter “the county”) wishes to be proactive by making decisions and enacting regulations that will mitigate any threat presented to the public and public health by public use of cannabinoids such as artificially-derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products and lower-potency hemp edibles. Fillmore County wishes to prevent and/or limit unintended cannabinoid access and exposure to the general public and youth of Fillmore County.
g)The County recognizes the risks that unintended access, exposure to, and use of cannabinoids such as artificially-derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products, lower-potency hemp edibles present to the health, welfare, and safety of members of the public, and particularly the youth of the County.
SECTION 3. DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following words, terms, and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Adult-Use Cannabis Concentrate means cannabis concentrate that is approved for sale by the Minnesota Office of Cannabis Management (hereinafter the “Office”) or is substantially similar to a product approved by the office. Adult-use cannabis concentrate does not include any artificially derived cannabinoid.
(2) Adult-Use Cannabis Flower. “Adult-use cannabis flower” means cannabis flower that is approved for sale by the Office or is substantially similar to a product approved by the Office. Adult-use cannabis flower does not include medical cannabis flower, hemp plant parts, or hemp-derived consumer products.
(3) Adult-use cannabis products means a cannabis product that is approved for sale by the Office or is substantially similar to a product approved by the Office. Adult-use cannabis product includes edible cannabis products but does not include medical cannabinoid products or lower-potency hemp edibles.
(4) Artificially Derived Cannabinoid. Artificially derived cannabinoid means a cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or parts with a chemical makeup that is changed after extraction to create a different cannabinoid or other chemical compound by applying a catalyst other than heat or light. Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from cannabidiol, but does not include cannabis concentrate, cannabis products, hemp concentrate, nonintoxicating cannabinoids, edible cannabinoid products, hemp-derived topical products, lower-potency hemp edibles, or hemp-derived consumer products.
(5) Cannabinoid means any of the chemical constituents of hemp plants or cannabis plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol.
(6) Cannabis Concentrate means:
(1) the extracts and resins of a cannabis plant or cannabis flower;
(2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase the presence of targeted cannabinoids; or
(3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis flower and is intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product.
(b) Cannabis concentrate does not include hemp concentrate, artificially derived cannabinoid, or hemp-derived consumer products.
(7) Cannabis Flower. Cannabis flower” means the harvested flower, bud, leaves, and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and
medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, hemp-derived consumer products, or hemp plant material with less than 0.3% tetrahydrocannabinol that is accompanied by a certificate of analysis indicating the same.
(8) Cannabis Product. (a) “Cannabis product” means any of the following:
(1) cannabis concentrate;
(2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted, or derived from cannabis plants or cannabis flower; or
(3) any other product that contains cannabis concentrate.
(b) Cannabis product includes adult-use cannabis products, including but not limited to edible cannabis products and medical cannabinoid products. Cannabis product does not include cannabis flower, artificially derived cannabinoid, nonintoxicating cannabinoids, edible cannabinoid products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products.
(9) Cannabis Seed. “Cannabis seed” means the viable seed of the plant of the genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed does not include hemp seed.
(10) Edible Cannabinoid Product. Means any product that:
(1) is intended to be eaten or consumed as a beverage by humans;
(2) contains a cannabinoid in combination with food ingredients;
(3) is not a drug;
(4) does not contain more than 0.3% of any tetrahydrocannabinol;
(5) may only contain delta-8 or delta-9 tetrahydrocannabinol from hemp plants or hemp parts or is an artificially derived cannabinoids;
(6) consists of not more than 5 milligrams of any tetrahydrocannabinol per serving;
(7) consists of not more than 50 milligrams of any tetrahydrocannabinol per package;
(8) if intended to beverage may not contain more than 2 servings or 10 milligrams of tetrahydrocannabinol per container;
(9) is not substantially similar to a meat, poultry, or dairy food product.
(10) may be sold in Minnesota under Minn. Stat.§151.72 from the period of May 31, 2023 to March 1, 2025.
(11) Edible Cannabis Product. “Edible cannabis product” means any product that is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other than an artificially derived cannabinoid in combination with food ingredients; is not a drug or food; and is a type of product approved for sale by the office, or is substantially similar to a product approved by the office including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods. Edible cannabis product does not include lower-potency hemp edibles.
(12) Hemp Concentrate. (a) “Hemp concentrate” means:
(1) the extracts and resins of a hemp plant or hemp plant parts;
(2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase the presence of targeted cannabinoids; or
(3) a product that is produced by refining extracts or resins of a hemp plant or hemp plant parts and is intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product.
(b) Hemp concentrate does not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products.
(13) Hemp-Derived Consumer Products. (a) Means a product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and:
(1) contains or consists of hemp plant parts; or
(2) contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients;
(3) consists of not more than 10 milligrams of any tetrahydrocannabinol per serving;
(4) consists of not more than 200 milligrams of any tetrahydrocannabinol per package;
(5) if intended to beverage may not contain more than 2 servings or 20 milligrams of any tetrahydrocannabiol per container; and
(6) may be sold in Minnesota under Minn. Stat.§342 effective March 1, 2025.
(b) Hemp-derived consumer product does not include artificially derived cannabinoids, nonintoxicating cannabinoid products, edible cannabinoid products, lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain.
(14) Hemp-Derived Topical Products.
(a) Means a product generally expected to be used by applying the product externally to a part of a human or animal body, does not contain cannabis flower or cannabis concentrate, and:
(1)contains cannabinoids from hemp plant or hemp plant parts
(2)may contain cannabinoids other than cannabidiol, cannabigerol, or any other cannabinoid approved in Minnesota provided that the cannabinoids are naturally occurring in hemp plants or hemp plant parts and the total of all other cannabinoids present in a product does not exceed one milligram per package.
(3) may not be comprised of tetrahydrocannabinol;
(4) May be sold in Minnesota under Minn. Stat.§342 effective March 1, 2025.
(15) Hemp Plant Parts.
“Hemp plant parts” means any part of the harvested hemp plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from the plant. Hemp plant parts do not include hemp fiber products, hemp grain, or hemp seed.
(16) Licensed Childcare/Licensed Daycare:
Means an individual, corporation, partnership, voluntary association, or other organization legally responsible for the operation of the childcare program that has been granted a license by the commissioner under Minnesota Statutes Chapter 245A and Minnesota Administrative Rule 9502
(17) Lower-Potency Hemp Edible means any product that:
(1) is intended to be eaten or consumed as a beverage by humans;
(2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients;
(3) is not a drug;
(4) consists of servings that contain no more than 5 milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts;
(5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving;
(6) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol;
(7) does not contain a cannabinoid derived from cannabis plants or cannabis flower;
(8) is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods;
(9) is not a lollipop or ice cream product;
(10) is not substantially similar to a meat, poultry, or dairy food product;
(11) may be sold in Minnesota under Minn. Stat.§342 effective March 1, 2025.
(18) Medical Cannabinoid Product. (a) “Medical cannabinoid product” means a product that:
(1) consists of or contains cannabis concentrate or hemp concentrate or is infused with cannabinoids, including but not limited to artificially derived cannabinoids; and
(2) is provided to a patient enrolled in the registry program; a registered designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a cannabis retailer or medical cannabis retailer to treat or alleviate the symptoms of a qualifying medical condition.
(b) A medical cannabinoid product must be in the form of:
(1) liquid, including but not limited to oil;
(2) pill;
(3) liquid or oil for use with a vaporized delivery method;
(4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
(5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and sublingual tablets;
(6) edible products in the form of gummies and chews;
(7) topical formulation; or
(8) any allowable form or delivery method approved by the office.
(c) Medical cannabinoid product does not include adult-use cannabis products or hemp-derived consumer products.
(19) Medical Cannabis Flower. “Medical cannabis flower” means cannabis flower provided to a patient enrolled in the registry program; a registered designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical cannabis business to treat or alleviate the symptoms of a qualifying medical condition. Medical cannabis flower does not include adult-use cannabis flower.
(20) Public Place. A “public place” means:
(1) any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; retail stores and other commercial establishments; educational facilities other than public schools, hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings as defined or revised by Minn. Stat. 144.413. This includes decks and patios for the places noted herein.
(2) any indoor or outdoor place of employment in which two or more individuals perform any service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency.
(3) any school including all facilities, whether owned, rented, or leased, and all vehicles that a school owns, leases, rents, contracts for, or controls.
(4) any licensed childcare/licensed daycare including all facilities, whether owned, rented, or leased, and all vehicles that a childcare/daycare facility owns, leases, rents, contracts for, or controls.
(5) public owned property and outdoor areas of a public recreation area, recreation center, or park, including, but not limited to, roads, a public playground, swimming pool, trail, or other recreational area.
(6) public means of transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals.
(21) Place of Public Accommodation.
(a) Means any person or publicly or privately owned place whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public whether or not that person or place maintains a physical location.
(b) “A public place” or “a place of public accommodation” does not include the following:
(1) a private residence, including the individual’s curtilage or yard;
(2) a private property, not generally accessible by the public, (unless the individual is explicitly prohibited from consuming artificially-derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products, or lower-potency hemp edibles) on the property by the owner of the property;
(3) on the premises of an establishment or event licensed and/or registered to permit on-site consumption.
(22) School.
Any public or private elementary, vocational, or secondary school, or a public or private college or university.
(23) Smoking. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes carrying or using an activated electronic delivery device, as defined in Minn. Stat. §609.685.
(24) Synthetic Cannabinoid. “Synthetic cannabinoid” means a substance with a similar chemical structure and pharmacological activity to a cannabinoid but is not extracted or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant parts and is instead created or produced by chemical or biochemical synthesis.
(25) Tobacco Store: Shall mean any licensed premises primarily dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any other retail use that only sells tobacco products as an ancillary sale shall not be defined as a “tobacco store” but a “tobacco retailer.”
(26) Use: Shall mean smoking, vaping, chewing, drinking, swallowing, injecting, ingesting, eating, consuming, sniffing, or any other means of using a cannabinoid or substance containing cannabinoids.
SECTION 4.
PROHIBITED ACTS
Subd. 1. In general.
a. No person shall smoke cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products, or any other substance containing cannabinoids in any location where the smoke, aerosol, or vapor would be inhaled by a minor under age 21 per Minn. Stat. §342.09, Subd. 1(b)(9).
b. No person shall use a cannabinoid such as artificially-derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products, lower-potency hemp edibles in a public place or place of public accommodation unless the premises is an establishment or event licensed and/or registered with the County and State to permit on-site consumption of these products.
c.No person shall use synthetic cannabinoids.
d.No public place or place of accommodation shall permit onsite use of cannabinoids such as artificially-derived cannabinoids, cannabis flower, cannabis products, edible cannabinoid products, hemp-derived consumer products, or lower-potency hemp edibles unless the premises is an establishment or event licensed and/or registered with the County and State to permit on-site consumption of these products. Facilities are to post “no use/smoking” signs, ask patrons to stop using products, report unlawful use to local law enforcement, refrain from providing smoking equipment, and/or refuse service.
SECTION
5. VIOLATIONS AND PENALTIES.
Subd. 1 Violation.
a. An alleged violation or violation of this ordinance may be investigated by a peace officer as defined in Minn. Stat. Sec. 626.84, Subd. 1. Any alleged violation or violation of this ordinance may be prosecuted by the County Attorney.
Subd. 2. Criminal Penalty.
a. A violation of this ordinance shall be a petty misdemeanor punishable by a fine of up to three hundred dollars ($300) and/or community work service. Nothing in this ordinance shall prohibit the United States, the State of Minnesota, or the County from investigating or prosecuting any other activity that is a crime under any other federal or state statute or county ordinance.
Subd. 3. Administrative Penalties.
a. Public places or places of accommodation that violate prohibited acts are subject to Minnesota Clean Indoor Air Act (MCIAA) violations which are reported to the State for compliance and enforcement. Local law enforcement also has authority to issue petty misdemeanor citations to proprietors or individuals who knowingly fail to comply with the MCIAA.
b.A public place or place of public accommodation that holds a license or registration with the County and State to permit on-site consumption of these products and violates a provision of this ordinance is subject to license revocation for the sale of alcohol, hemp-derived, cannabis-derived, and tobacco products.
SECTION 6.
SEVERABILITY.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision.
SECTION
7. COORDINATION WITH CITY ORDINANCES
This ordinance shall be applicable within the legal boundaries of Fillmore County with the exception of cities or townships that have adopted their own ordinance establishing standards for public use of cannabinoids within their jurisdiction. It is the intention of this ordinance that said city or township ordinances shall supersede and preempt this ordinance within those jurisdictions so long as it is not less restrictive and as long as both the county and city enact resolutions approving the enactment and effective date for said city or township ordinance.
SECTION 8.
EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its passage on July 9, 2024, and publication as required by law.
SECTION 9.
SUMMARY PUBLICATION.
The following summary clearly informs the public of the intent and effect of the ordinance and is approved for publication:
SUMMARY FOR PUBLICATION OF
COUNTY OF FILLMORE
STATE OF MINNESOTA ORDINANCE
NO. 20240423
–
PUBLIC USE OF CANNABINOIDS
AN ORDINANCE REGULATING THE USE OF
CANNIBINOIDS IN PUBLIC PLACES
The above-referenced ordinance is adopted for the purpose of protecting public health and safety by regulating the use of cannabinoids in public places. A printed copy of the entire ordinance is available for inspection online at: https://www.co.fillmore.mn.us/government/ordinances.php or at the Fillmore County Administrator’s Office located at 101 Fillmore Street Preston, Minnesota, 55965
I, Bobbie Hillery, Fillmore County Administrator, do hereby certify that this is a true and correct transcript of the ordinance that was adopted at a meeting held on the 9th day of July, 2024, the original of which is on file in this office. I further certify that the following Commissioners were present and voted in favor of this resolution: Duane Bakke, Marc Prestby, Randy Dahl, Mitch Lentz, and Larry Hindt.
Date: July 9, 2024
/s/ Bobbie Hillery
Fillmore County Administrator
ADOPTED by the Fillmore County Board of Commissioners this 9th day of July, 2024.
ATTESTED:
/s/ Bobbie Hillery
Fillmore County Administrator
/s/ Duane Bakke, Chair
Fillmore County Board of Commissioners
Published in the Fillmore County Journal on Monday, July15, 2024
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