County grapples with local sale of THC products
News | Published on October 17, 2022 at 11:45am CDT
By Melanie Stegner
Hemp-based THC products were up for discussion among the Pope County Commissioners at last week’s committee of the whole meeting.
A draft ordinance was presented to issue an interim emergency moratorium on the products. The ordinance as it was drafted would set aside one year for the county to study the products and determine licensing, permitting and policing the products. This draft was framed around other counties’ ordinances, several of which have passed a moratorium. “This has been used to get a handle on fast moving issues in the past,” said Kersten Kappmeyer, County Administrator.
By Minnesota state statute, stores can now sell edibles such as gummies or hard candy as well as beverages that contain up to 5 milligrams of the hemp-based THC per serving and 50 milligrams per package. The law was passed by state lawmakers in May of this year took effect on July 1.
The issue was brought to the attention of the commissioners at a prior meeting by Horizon Public Health due to the city of Alexandria going through a similar process. That city currently has businesses selling the products and has determined their licensing fee for sales at $500. They currently charge $3,500 for alcohol and $140 for tobacco licensure. Stevens County and Scott County are both imposing a moratorium on the sale of THC products.
“Have any of the cities of Pope County determined anything on this topic?” asked Commissioner Larry Lindor.
Lindor said Horizon Public Health officials are not aware of any of the cities (in the county) taking on the task. “Obviously the products are legal and aren’t going to be banned forever, so this would just be at the county level,” he said. “The city and county are separate, and the county has no say on city land use. What I’m concerned about are gummy food trucks that just come into town and park on the street,” Lindor added.
David Green, Director of the Land and Resource Management Department stated that any land use ordinance within the county does not apply within the city limits. “I think you need to be very clear on the moratorium with what the concern is. Is it a land use or is it a consumption use? We don’t regulate what a restaurant sells, we just regulate where it can be placed. Are we worried about traffic, pollution or property values? What is the concern we are supposed to study? Maybe it is put together like an adult store with regulations like it has to be so far from a school or church, etc,” he said.
“I’m concerned that we are getting tied up in something that maybe some bigger areas are having negative experiences with, but I suspect there won’t be a bunch of traffic in Pope County because of gummy bears,” Green mentioned. “If we’re concerned about the food truck thing, that regulation is more of an issue for public health than anything.”
“Look at the time we’re spending on something that St. Paul should have worked on. Maybe we should wait for them to act on this and clean up their mess,” said Commissioner Gordy Wagner.
“We’re already aware of problems when it comes to zoning, regulations and accessibility and this is a product that can be prescribed by a doctor to help with anxiety and other health concerns and now we’re going to regulate that and make it more difficult to get something that is prescribed by a medical professional, I think that is a problem too,” said Green.
“I agree with David. I know that as this goes forward, we are going to learn things. I think we know enough now that a moratorium isn’t necessary, and we should just get something in place that can be effective on January 1. There is enough out there for us to do something and get something in play. What are we going to study for a year? We get the gist of the issues at hand,” said Commissioner Nan Haggerty. “I’m surprised that the police are tasked with inspecting ingredients of the products.”
“It seems to me that if we accelerate our regulatory process and adopt some sort of licensing statue that requires a brick-and-mortar facility,” said Green. “Is it a lot different than getting a liquor license?”
“I think there needs to be a conversation that includes law enforcement because all we can do is dictate where it can be sold,” said Wagner.
“I think it’s best that we get ahead of this and get something into process,” said Commissioner Larry Lindor. “The moratorium may not be the answer as this seems to be more of a conversation that needs to be going on within the city.”
“I don’t see that a moratorium helps us in any way. I just don’t want us to do this for moral reasons. I’m uncomfortable with some of the language in this draft as it includes information about youth and we have no right to tell people what is right for them individually,” said Haggerty.
“That was one of my concerns. The first sentence in here includes “inherent risk of injury to persons.” If that was the case, why would our legislators approve something like this if that’s so and why would doctors prescribe it? We can’t use that in our moratorium,” stated Green. “We’re trying to solve a law enforcement problem and they aren’t here for us to include in the conversation. All we can control is who can sell it and where,” Green added.
It was determined to revisit the discussion at a future meeting that will include law enforcement and the county attorney.
