Robbinsdale to rein in new THC legislation with 1-year moratorium

At the meeting, City Manager Tim Sandvik said the city could pursue the moratorium per city charter in the interest of preserving public peace, health, safety, and welfare. He said knowing how to regulate the products at this time was “challenging” due to “limited precedence.”

“Oftentimes we refer to other communities ... that’s not happening because this is something brand new,” Sandvik said.

The moratorium details that the state law fails to “establish any licensing criteria or parameters for compliance by retailers.” It concludes that an emergency ordinance (the moratorium) in Robbinsdale is appropriate to due to “the inherent risk of injury to persons related to the recently legalized sale of edible cannabinoid products containing tetrahydrocannabinol (THC).”

The council unanimously approved the first reading of the ordinance, which was required by city charter.

Councilmember Pat Backen said that he understood the legislation was passed “quickly” within the legislature for “political reasons,” and while he was not opposed to the legalization of marijuana, he hoped the legislature would take the charge in regulating the now-legal products.

“Hopefully they’ll come back and think through this, and come up with more of a statewide rule or law to regulate this and watch this,” Backen said.

Mayor Bill Blonigan said he also supported the “limited, controlled use of marijuana,” and agreed that greater regulation was needed than what the legislature currently offered in its approved bill.

“We should make sure it’s regulated, it’s safe, it’s the amount of potency it should be, and it’s taxed,” Blonigan said. “That’s not what the legislature did here, and so now we’re scrambling. I think we should study this and have permitting, licensing, and zoning consideration – maybe all three of these things will happen.”

Sandvik said that an enforcement strategy and date that the moratorium will go into effect will need to be established, and that city staff would continue to learn about what other municipalities were doing in the interim.

Though the moratorium can last for up to one year, Blonigan said he would be “disappointed” if the council waited the entire period to decide on appropriate regulations for the products.

“I think we should be able to do this in three or four months,” Blonigan said.

Councilmember Sheila Webb said she supported the moratorium, and wanted to have a greater conversation about zoning when a permanent ordinance was considered.

Councilmember George Selman said he supported the moratorium as an effort to be consistent with businesses.

“I don’t want our retailers and other business owners that may be coming to Robbinsdale making business decisions only to have to undo them in three, six, 12 months,” Selman said. “A moratorium is appropriate, if nothing else, for that reason only.”

Backen agreed that during the moratorium, the city should “talk to our business community” to come up with a “sound policy.” He said citywide regulations could be used to create buffer zones between acceptable THC edible retail spaces and schools. Blonigan said he would also like THC retailers to be “an appropriate distance from schools.”

If passed, the moratorium will prohibit “the establishment of new uses or the expansion of existing uses related to sales, testing, manufacturing and distribution of THC products.” It is specified that this pertains to license, permits, and applications, and not to activities related to THC products that were considered lawful prior to the new state law.