St. Louis County moves to count tribal off‑reservation cannabis stores toward three‑store cap

St. Louis County commissioners held a public hearing on proposed amendments to the county cannabis ordinance that would treat tribal off‑reservation retail operations as counting toward the county’s three‑store cap on registered retail outlets, county staff said.

County attorney presenter Nick McNamara told the board the state legislature’s May changes and new administrative rules from the Office of Cannabis Management prompted the update. "If you adopt a cap of that nature, you have to decide whether you're going to count tribal retail operations towards that cap," McNamara said. "Under the proposed amendment, the answer is yes. We would count those toward the 3." He framed the change as consistent with the county’s cautious, restrictive approach to cannabis regulation.

Commissioners raised outreach, legal and fairness questions. Commissioner Johnson asked staff to provide the board with the compact between the state and White Earth Tribe that produced an off‑reservation retail outlet in Moorhead and White Earth, saying the agreement is "very relevant" to local decision‑making. Commissioner Gardner said the rule leaves the county vulnerable to a first‑come, first‑served outcome that could appear arbitrary to applicants and smaller cities; Attorney McNamara responded that either counting tribal retail operations or not would be a legally acceptable, non‑arbitrary approach under the state administrative rule.

Commissioner Nelson said the county’s approach has been intentionally cautious to allow staff to manage new and changing rules and compliance checks. Several commissioners thanked staff for repeated briefings as rules evolved.

A motion to approve the ordinance amendments was made and seconded. Discussion continued on implementation, communication to smaller cities in the county, and the practical effects of counting tribal retail toward the cap. The transcript records a motion and second; the transcript does not include a roll‑call tally for the cannabis amendment motion in the excerpt provided.

By adopting the amendment language as proposed, county staff said the amendment would reduce the number of additional retail registrations allowed in the county planning/zoning jurisdiction because tribal off‑reservation stores would be counted toward the limit. Staff also noted that tribal retail operations would remain subject to local zoning rules such as district restrictions and distance buffers from schools.

County staff and commissioners said further amendments and outreach should be expected as state compacting and administrative rulemaking proceed. The board discussed sending information to smaller cities to explain the change and why the county reached the decision.

The item was presented as a working document; staff warned it may require additional adjustments as the Office of Cannabis Management issues rules and as tribes finalize compacts with the state.