Wabasha County approves two cannabis retail conditional use permits, cites limited local authority

The Wabasha County Board of Commissioners approved two conditional use permits (CUPs) for cannabis retail businesses proposed in downtown Wabasha after county planning staff outlined state regulatory requirements and recommended conditions intended to reduce impacts on the surrounding area.

The county approved a CUP submitted by Hunter Capital on behalf of Hunter Game LLC for 330 Second Street West and a separate CUP for a retail business proposed at 234 Main Street West submitted by Brandon Van Asen. Both permits were recommended for approval by the county planning commission (each by a 2–1 vote) and were approved by the board on voice votes during the meeting.

Planning staff told the board that state guidance since 2023 has limited what local governments may regulate, and that the county’s ordinance sets a cap and time‑place‑manner restrictions rather than a full prohibition. Joe, planning and zoning staff, summarized statutory requirements cited in the meeting (recorded in the transcript as “Minnesota statutes 3 42 dot 24 subdivision 4”) that address odor control and require cannabis businesses to have ventilation and filtration systems to prevent offensive odors. He also outlined state requirements for security plans, video surveillance retention, locked secure entries, limits on employees on duty, and the prohibition on on‑site smoking or vaporized consumption of adult‑use products at micromenus or retail sites.

Planning staff listed site‑specific conditions the commission recommended and the board adopted for each CUP. Those conditions include: - Obtaining all other required city, county, state and federal permits (building, plumbing, electrical, signage and cannabis retail licensing). - Termination of the CUP if conditions are not remedied. - Maintaining a license and compliance with Minnesota statutes, rules, and Office of Cannabis Management standards. - Keeping the employee/commercial entrance secured and locked for security. - Screening along certain property lines via a six‑foot fence or six feet of landscaping if exterior illumination is used. - County authority to conduct compliance checks for age verification. - Nontransferability of the CUP: the permit terminates if business ownership is transferred out of possession of the named applicant (two CUPs were modified in their wording to terminate upon transfer of business ownership rather than title).

Joe also provided site details cited in the record: approximately 39 public parking spaces are located within about 150 feet of the entrance to the 230 Fourth/Main Street West area, and about 45 public spaces are within approximately 245 feet of the entrance to 330 Second Street West.

Administrator (name not specified) told the board the county’s role is limited to local zoning and age‑verification compliance checks and that the Office of Cannabis Management will handle many licensing and operational reviews. "The county actually has very limited authority as it comes to the review process for cannabis related businesses," the administrator said during the meeting. He also advised the board that, based on the latest information provided to staff, "there's probably at least 4 to 6 months more of review that needs to take place at the state level, before any type of business could become operational." The administrator and staff repeatedly told commissioners that state guidance has shifted during implementation and that the county ordinance represents the strictest limits allowed under current state law.

Commissioner Springer moved to approve the first CUP “with reservations,” and the motion was seconded and carried on a voice vote. A subsequent motion to approve the second CUP also passed on a voice vote. Staff and commissioners noted that although the county has capped the number of retail licenses under its zoning ordinance (a minimum of one retail operator per 12,500 residents, producing a county cap of at least two retail licenses under the local ordinance), other state licenses such as transportation and cultivation would go through state review and could, in some cases, require county conditional use permitting depending on the activity.

Next steps for both approved CUPs include compliance with the listed conditions, obtaining state retail licensing from the Office of Cannabis Management, and completion of the state review and licensing process before either business could open.