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Isanti council keeps local control of cannabis registrations and directs staff to draft ordinance

Isanti City Committee of the Whole · November 19, 2024
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Summary

City staff briefed the committee on local options for cannabis registration, inspections and zoning ahead of state-licensed sales; council consensus favored retaining city registration, debated fees and setbacks, and asked staff to draft ordinance changes incorporating statutory limits and measurement rules.

City staff told the Isanti Committee of the Whole that legal retail cannabis sales are expected to begin in January 2025 and reviewed what local governments may regulate under state law. A majority of council members signaled they do not want to delegate registration authority to the county and asked staff to draft ordinance changes so the city will have local registration, fee and zoning rules in place before state licenses are issued.

The staff presentation outlined statutory basics: a local unit that issues cannabis retailer registrations "may by ordinance limit the number of licensed cannabis retailers" but must allow at least one registration per 12,500 residents (staff cited the relevant statutory language). The staff member said the county provided sample resolution language for cities that wish to delegate registration, but the council was clear it prefers local control.

Council debate centered on three practical questions: how much to charge for initial registration and renewals, who will perform and pay for required annual inspections, and what geographic and zoning limits the city should apply. Staff noted the city’s current initial registration fee is $150 but that statute allows an initial fee up to $500 and renewals up to $1,000. "Legal sales for cannabis are expected to begin in January 2025," the city staff member said, urging the council to finalize language so the city can act on applications that reach the local level.

Members voiced differing approaches to fees. One council member argued for setting fees at the statutory maximum to avoid being repeatedly undercut by subsequent state-required compliance tasks; others recommended a more modest initial fee with the option to raise it following the first year. The staff recommended evaluating actual staff and police time when fixing fees. The committee discussed using the liquor license fee structure as a reference point; a staff presentation noted liquor fees vary widely by license type, from roughly $150 for off-sale beer to several thousand dollars for intoxicating-on-sale licenses.

Councilors also discussed limits on the number and type of registrations. Staff explained the minimum allocation is set by population (one per 12,500), and that the statute does not impose a city-wide maximum unless the city adopts one. Several members worried that companies could hold multiple state licenses (or create separate LLCs) to control multiple registrations. "If the state issues multiple licenses to one business, that would be out of our purview," the staff member said.

Distance-from-school rules and zoning drew robust comment. The city's current code requires a 300-foot buffer from schools; state law allows jurisdictions to set larger buffers (statutory maximums discussed included 500 feet for daycares/residential treatment and 1,000 feet from schools). Staff recommended specifying how distance is measured — consistent with other city code items, typically from main entrance door to main entrance — to avoid ambiguity. The staff read the statutory definition of daycare (a licensed location under the Minnesota Department of Human Services, which includes in-home providers), and the committee generally agreed to keep the existing 300-foot separation while referring zoning specifics to the planning commission for further consideration.

The committee also addressed temporary cannabis events and on-site consumption. Staff explained that state-authorized four-day event licenses may be regulated locally for place, hours and whether on-site consumption is permitted. Several members opposed permitting on-site consumption at events, citing enforcement and impairment-testing limits: local public-safety staff said there is not yet a reliable field test for THC impairment comparable to blood alcohol testing. Others favored allowing events under the city's special-event permit rules but restricting on-site consumption.

Next steps: staff will draft proposed ordinance amendments to chapter 123, incorporating statutory requirements, clearer measurement language (door-to-door measurement), fee options and zoning considerations, and return to the council for formal consideration. No ordinance vote occurred during the meeting.