City of Luverne adopts Ordinance No. 29

City of Luverne adopts
Ordinance No. 29
ORDINANCE NO. 29, FOURTH SERIES
AN INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES 
SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM ON THE SALE OF HEMP DERIVED THC (TETRAHYDROCANNABINOLS) FOOD AND BEVERAGES
 
THE CITY OF LUVERNE DOES HEREBY ORDAIN:
SECTION 1. That new Section of the City Code Chapter 153, Zoning, is hereby 
created to read as follows:
§ 153.200 MORATORIUM ON THE SALE OF HEMP DERIVED THC 
(TETRAHYDROCANNABINOLS) FOOD AND BEVERAGES
WHEREAS, based on the most reliable and up-to-date scientific evidence, the City Council finds that the rapid introduction of newly legalized edible cannabinoid products (“edibles”), presents a significant potential threat to the public health, safety, and welfare of the residents of the City of Luverne, and particularly to youth; and 
WHEREAS, Rock County has the opportunity to be proactive and make
decisions that will mitigate this threat and reduce exposure of young people
to the products and to the marketing of these products; 
WHEREAS, the United States Surgeon General has issued an advisory to alert the public to the known and potential harms to developing brains, posed by the increasing availability of highly potent marijuana in multiple, concentrated forms; and the reasons for concerns with the increasing use of marijuana by pregnant women, adolescents and youth; and 
WHEREAS, the National Academies of Science, Engineering and Medicine note that the growing acceptance, accessibility, and use of cannabis and its derivatives have raised important public health concerns, while the lack of aggregated knowledge of cannabis-related health effects has led to uncertainty about the impact of its use; and 
WHEREAS, 32.8 million Americans ages 12 and older reported using cannabis in the past 30 days, 49.6 million reported use in the past year,5 and 90 percent of adult cannabis users in the United States said their primary use was recreational; and between 2002 and 2019, the percentage of past-month cannabis users in the U.S. population ages 12 and older increased steadily from 6.2 percent to 10.8 percent; and 
WHEREAS, research has found cannabis use during adolescence, especially of products high in tetrahydrocannabinol (THC), or heavy use, is associated with suicide attempt, high school drop-out, higher likelihood of use of other illicit drugs and experiencing mental health impairment; and 
WHEREAS, nationally, there have been significant increases in cannabis use among those age 12 and older, but especially among those age 18-22, and cannabis use rates by youth ages 18-22 are higher in states with legal adult-use cannabis than in non-legal states; and 
WHEREAS,  in 2016, 15.7% of 11th grade students in Minnesota reported that they had used marijuana in the past 30 days, a number far exceeding that for cigarette smoking (8.4%);  and 
WHEREAS, Minnesota has recognized the danger of cannabis use among youth by prohibiting the sale of edibles to those under age 21 (Minn. Stat. § 151.72, subd. 3(c)) and by requiring that edibles be packaged without appeal to children and in child-resistant containers (Minn. Stat. § 151.72, subd. 5a(b)); and 
WHEREAS, many years of alcohol and tobacco retailing, which are likely to have parallels in cannabis retailing, have demonstrated that Minnesota retailers continue to sell alcohol and tobacco to underage consumers; and 
WHEREAS, children and young people are particularly influenced by cues suggesting tobacco smoking is acceptable, which holds relevance for cannabis smoking; and 
WHEREAS, while the sale of edible cannabinoid products has been
legalized in Minnesota, it continues to be a Schedule I prohibited substance federally
and therefore presents special challenges in multiple federally regulated spheres
including banking, broadcasting and immigration; and
WHEREAS, all the above criteria and many more require consideration by health officials and policy makers before the City of Luverne can ensure the public safety is preserved.
NOW THEREFORE, The City of Luverne hereby establishes a moratorium on the sale of hemp derived THC (tetrahydrocannabinols) food and beverages in order to allow the City time to study the issue and consider zoning, licensing and rules, and sales management controls for the sale of hemp derived THC food and beverages, similar to tobacco sales and products, behind the sales counter, checking identifications (ID’s), enforcement, compliance checks, license fees and other regulatory issues to consider.
SEC 2. Duration. This Ordinance shall expire twelve (12) months after the passage of this Ordinance by the City Council, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, and/or other provisions of the City Code, have been finalized. The duration of this Ordinance may be extended by the adoption of a subsequent Ordinance for a total time period not to exceed the statutory limits in Minn. Stat. 462.355, subdivision 4.
SEC. 3.  This ordinance takes full force full force and effect upon its publication.
(08-18)