Rock County regulates use of cannabis derived products
Resolution No. 15-23
Title and Summary
Of
Rock County Ordinance Regulating the Use of Cannabis and Cannabis Derived Products in Public Places
WHEREAS, the Rock County Commissioners are charged with protecting
the public health and safety and wish to exercise such authority by regulating
the use of cannabis and cannabis derived products in public places and
places of public accommodation within Rock County, and
WHEREAS, by enacting 2023 Session Law, Chapter 63, H. F. No. 100 [hereinafter referred to “State Legislation”], the Minnesota Legislature enacted the adult-use cannabis law. Under that bill, the adult use, possession
and personal growing of cannabis became legal August 1, 2023, and
WHEREAS, State legislation authorizes adoption of a local ordinance establishing a petty misdemeanor offense for public use of cannabis. See State Legislation Article 4, Sec. 19, Minn. Stat. 152.0263, Subd. 5, or successor statute.
WHEREAS, the County wishes to be proactive in protecting public health and safety by enacting regulations that will mitigate threats presented to the public by the public use
of cannabis Rock County recognizes the risks that unintended access and use of
cannabis products present to the health, welfare, and safety of youth and non-cannabis
users in Rock County.
NOW THEREFORE BE IT RESOLVED, THE ROCK COUNTY COMMISSIONERS
HEREBY ORDAIN AND AMEND THE CODE OF ORDINANCES, ADDING
A NEW CHAPTER AS FOLLOWS:
PUBLIC USE OF CANNABIS AND CANNIBIS DERIVED PRODUCTS IN PUBLIC
PLACES
TITLE
This Chapter shall be known and referenced as the Public Use of Cannabis
and Cannabis Derived Products in Public Places Ordinance.
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 except where the context clearly indicates a different meaning.
(A) Office. “Office” means the State of Minnesota Office of Cannabis Management
created by the State Legislation.
(B) 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.
(C) Adult-use cannabis products. “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.
(D) 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, or hemp-derived consumer products.
(E) Cannabis product. “Cannabis product” means any of the following:
(1) cannabis concentrate;
(2) a product infused with cannabinoids, including but not limited to tetrahy-
drocannabinol, extracted or derived from cannabis plants or cannabis flower; or
(3) any other product that contains cannabis concentrate.
(F) Hemp derived consumer products.
(1) “Hemp derived consumer products” means a product intended for human or
animal consumption, does not contain cannabis flower or cannabis concentrate, and:
(i) contains or consists of hemp plant parts; or
(ii) contains hemp concentrate or artificially derived cannabinoids in combination
with other ingredients.
(2) Hemp-derived consumer products does not include artificially derived can-
nabinoids, lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain.
(G) Lower-potency hemp edible. A “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 combi-
nation with food ingredients;
(3) is not a drug;
(4) consists of servings that contain no more than five 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;
and
(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.
(H) Public place. A “public place”, means a public park or trail, public street or sidewalk, any enclosed, indoor area used by the general public, including, but 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, schools or other places of public accommodation.
(I) Place of public accommodation. “Place of public accommodation” means a business,
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.”
(J) Exceptions to public place or place of public accommodation. “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; or
(3) on the premises of an establishment or event licensed to permit on-site
consumption of cannabis or cannabis derived products.
(K) Smoking. “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.
JURISDICTION
This Ordinance shall be applicable within the legal boundaries of Rock County
with the exception of those cites or townships that have adopted their own ordinance
establishing standards for public use of cannabis.
PROHIBITED ACTS
(A) No person shall use cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use cannabis flower and adult use cannabis products. See State Legislation Article 4, Sec. 19, Minn. Stat. 152.0263, Subd. 5, or successor statute.
(B) No person shall vaporize or smoke cannabis flower, cannabis products, artificially
derived cannabinoids, or hemp-derived consumer products in any location where
the smoke, aerosol, or vapor could be inhaled by a minor. See State Legislation Article
1, Sec. 9 Minn. Stat. 342.09, Subd. 1(b) (9) or successor statute.
PENALTY
Subd. 1. Criminal Penalty. A violation of this ordinance shall be a petty misdemeanor
having a fine payable up to $300. Nothing in this ordinance prohibits the County from
seeking prosecution for an alleged violation.
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.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage
and publications as required by law.
ADOPTED by the Rock County Board of Commissioners this 19th day of September, 2023.
ATTEST:
/s/: Kyle Oldre /s/: Sherri Thompson
County Administrator Board Chairperson
Introduced: 08/22/2023
Passed: 09/19/2023
Published: 10/19/2023
Effective: 11/01/2021
(10-19)
