SE council sees gray in green cannabis law – NUjournal

SLEEPY EYE — The Sleepy Eye City Council heard an update Tuesday on the new edible cannabis law from city manager Bob Elston.

The law, which took effect July 1 at the end of the 2022 legislative session, allows certain edible and beverage products infused with THC to be sold.

“The law is really long and extensive. The city can’t completely ban the sale of (cannabis) edibles,” Elston said. “Several cities have put a moratorium on it. I’m not saying we have to do that. I’m saying just take a look at the law and see how we deal with it.”

Elston suggested the council put priorities in place on how to license a business that wants to sell cannabis and how to enforce cannabis sales.

“It’s legal to place a moratorium (delay on cannabis sales) for up to a year. Nobody in town is (legally) selling it yet, but it’s legal to use,” Elston said.

Under current law, the products can be manufactured in Minnesota but also imported from other states. Growing hemp in Minnesota is governed by the Department of Agriculture, though its hemp program does not regulate cannabis extracts, development and manufacturing of cannabis extracts, or the retail and marketing of cannabinoid products.

Cities can consider zoning implications for manufacturing and production of cannabinoid products, according to the League of Minnesota Cities.

The new law limits the sale of CBD and THC products to persons older than 21.

After the meeting Councilor Gary Windschitl said there are lots of “gray areas” regarding the cannabis law.

For more information, Elston said council members could visit the League of Minnesota Cities website at lmc.org for more information on cities and regulation of edible cannabinoid products.

According to the LMC, the new cannabis law allows the sale of certain edibles and beverages infused with THC, the cannabis ingredient extracted from hemp.

In addition, the Alcohol and Gambling Enforcement Division (AGE) of the Minnesota Department of Public Safety advised the LMC that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store.

The AGE advised LMC that CBD, hemp, or THC infused beverages are not intended to be mixed with alcoholic beverages and are not considered soft drinks.

In addition, AGE informed LMC that a liquor store’s ability to sell food according to state law does not include edible cannabinoid products. The LMC recommends cities refrain from selling such products at municipal liquor stores.

Violations of the new cannabis law are misdemeanors. In most cases, county attorneys have legal standing to prosecute violations.

Since THC can remain in the body for several weeks after use, long after any intoxicating effects subside, positive test results may not indicate any wrongdoing by employees and may be considered evidence of an employee’s lawful actions done outside of work.

In addition, the LMC said employers may want to revise policies to clarify that employees still may not be under the influence of cannabis, legal or otherwise, while at work.

The National Drug-Free Workplace Alliance offers a toolkit to help employers work through the complex and confusing issue of marijuana and the workplace.

(Fritz Busch can be emailed at fbusch@nujournal.com.)

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