Olmsted County pauses action on cannabis
Aug. 1—ROCHESTER — Olmsted County commissioners backed off from creating a moratorium on future cannabis retail sales as possession of recreational marijuana became legal in Minnesota on Tuesday.
"Nothing is already allowed until 2025," Commissioner Mark Thein said during a board retreat the day before the commissioners met to discuss the issue.
County staff had recommended a moratorium banning new cannabis-related businesses in the county until 2025 as
Minnesota becomes the 23rd state to legalize recreational use of cannabis.
The state legislation adopted earlier this year proposes that retail sales for adult-use cannabis in Minnesota will begin in early 2025, but no specific date has been set and some related businesses, such as growing operations, could be licensed ahead of 2025.
All licensing of cannabis-related businesses will be conducted by the state, but cities and counties are given some oversight on how, when and where businesses can operate locally.
The Rochester City Council opted to
ban new businesses until 2025
in order to adopt local ordinances to provide guidelines based on emerging state guidelines.
Thein told his fellow commissioners on Monday that such a ban at the county level would give false hope to people who oppose the existing state law, which doesn't allow the county to ban use or future businesses.
"It's putting itself out there for political gain, and it provides nothing," he said of bans that have been enacted in other parts of the state.
At the same time, Commissioner Laurel Podulke-Smith cited a desire to ensure the county has a plan to address any needed ordinance changes, suggesting some form of future restriction would allow time to make decisions.
"We don't know what is coming in the next year and a half," said the Olmsted County commissioner who has been appointed to the state's new Cannabis Advisory Board. "It could become a safeguard."
Commissioners unanimously agreed Monday to delay consideration of a moratorium and took that action Tuesday with limited comment during their regular meeting.
"We do need to look carefully at the legislation," Commissioner Sheila Kiscaden said.
Commissioner Michelle Rossman pointed out the county needs time to address the uncertainties that exist and communicate with residents and others to make sure any new ordinances reflect community needs, while conforming to state requirements.
"There are unknowns for everyone," she said.
Among potential choices for the county could be limiting the number of retailers allowed to operate. While the state legislation requires at least one business be allowed for every 12,500 residents, it doesn't set a cap on potential retailers.
Additionally, Commissioner Dave Senjem pointed out the county will likely need to determine how it will conduct any compliance checks among retail outlets and whether they would mirror oversight of licensed tobacco sellers in the county.
Commissioners also suggested cannabis could be added to the county's ordinance banning tobacco use by anyone under the age of 21.
County Administrator Heidi Welsch said the questions discussed are already being reviewed by local staff, as well as other counties, and she plans to work with other administrators to identify county needs and what other communities are doing.
She said it's unlikely each of the state's 87 counties will have completely unique approaches to the new law, but a variety of approaches are likely to emerge and Olmsted County could adopt one that fits its needs.
County Board Chairman Gregg Wright said he expects other counties will be watching Olmsted County as a potential leader in addressing the new concerns.
Welsch said it's uncertain when the issue will return to commissioner, but she said a timeline for the development of new county ordinances in response to legalized cannabis use and future retail sales is expected to be created by the end of the year.
Commissioners said setting a timeline is more important than taking immediate action, since the state has yet to determine when businesses will be licensed.
"I think it's important that the public knows what our process is going to be," Kiscaden said.
