Office of the Revisor of Statutes
SF 2142
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/04/2025 10:07 a.m.
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A bill for an act
relating to cannabis; authorizing local governments to prohibit the sale of certain
cannabis products; authorizing local units of government to prohibit the operation
of certain cannabis businesses; authorizing the adoption of interim ordinances;
requiring reimbursement of certain application fees; amending Minnesota Statutes
2024, section 342.13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 342.13, is amended to read:
342.13 LOCAL CONTROL.
(a) A local unit of government may not prohibit the possession, transportation, or use
of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products authorized under this chapter.
(b) deleted text begin Except as provideddeleted text end new text begin In addition to the registration of cannabis microbusinesses,
cannabis mezzobusinesses, cannabis retailers, and medical cannabis combination businesses
as providednew text end in section 342.22, a local unit of government may deleted text begin notdeleted text end prohibit the new text begin retail sale of
cannabis flower, cannabis products, or hemp-derived consumer products and the
new text end establishment or operation of deleted text begin adeleted text end cannabis deleted text begin business or hemp business licensed under this
chapterdeleted text end new text begin microbusinesses with a retail operations endorsement, cannabis mezzobusinesses
with a retail operations endorsement, cannabis retailers, and medical cannabis combination
businesses operating retail locationsnew text end .
(c) A local unit of government may adopt reasonable restrictions on the time, place, and
manner of the operation of a cannabis business provided that such restrictions do not prohibit
the establishment or operation of cannabis businesses. A local unit of government may
prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a
day care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
(d) The office shall work with local units of government to:
(1) develop model ordinances for reasonable restrictions on the time, place, and manner
of the operation of a cannabis business;
(2) develop standardized forms and procedures for the issuance of a retail registration
pursuant to section 342.22; and
(3) develop model policies and procedures for the performance of compliance checks
required under section 342.22.
(e) If a local unit of government is conducting studies or has authorized a study to be
conducted or has held or has scheduled a hearing for the purpose of considering adoption
or amendment of reasonable restrictions on the time, place, and manner of the operation of
a cannabis business, the governing body of the local unit of government may adopt an
interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. Before adopting the
interim ordinance, the governing body must hold a public hearing. The interim ordinance
may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction
or a portion thereof deleted text begin until January 1, 2025deleted text end new text begin for two years from the date on which the ordinance
was adoptednew text end .
(f) Within 30 days of receiving a copy of an application from the office, a local unit of
government shall certify on a form provided by the office whether a proposed cannabis
business complies with local zoning ordinances and, if applicable, whether the proposed
business complies with the state fire code and building code. The office may not issue a
license if the local unit of government informs the office that the cannabis business does
not meet local zoning and land use laws. If the local unit of government does not provide
the certification to the office within 30 days of receiving a copy of an application from the
office, the office may issue a license.
(g) The office by rule shall establish an expedited complaint process to receive, review,
and respond to complaints made by a local unit of government about a cannabis business.
At a minimum, the expedited complaint process shall require the office to provide an initial
response to the complaint within seven days and perform any necessary inspections within
30 days. Nothing in this paragraph prohibits a local unit of government from enforcing a
local ordinance. If a local unit of government notifies the office that a cannabis business
other than a cannabis retailer, cannabis microbusiness or cannabis mezzobusiness with a
retail operations endorsement, lower-potency hemp edible retailer, or medical cannabis
combination business operating a retail location poses an immediate threat to the health or
safety of the public, the office must respond within one business day and may take any
action described in section 342.19 or 342.21.
(h) A local government unit that issues a cannabis retailer registration under section
342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with
a retail operations endorsement to no fewer than one registration for every 12,500 residents.
(i) If a county has one active registration for every 12,500 residents, a city or town within
the county is not obligated to register a cannabis business.
(j) Nothing in this section shall prohibit a local government unit from allowing licensed
cannabis retailers in excess of the minimums set in paragraph (h).
(k) Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
Sec. 2. new text begin LICENSE PREAPPROVAL; REIMBURSEMENT OF APPLICATION FEE.
new text end
new text begin
The Office of Cannabis Management must reimburse any application fee paid by a
person who received license preapproval pursuant to Laws 2024, chapter 121, article 2,
section 148, or a cannabis business license if:
new text end
new text begin
(1) the person engaged in, or intended to engage in, the retail sale of cannabis flower,
cannabis products, or hemp-derived consumer products from a cannabis microbusiness with
a retail operations endorsement, cannabis mezzobusiness with a retail operations endorsement,
cannabis retailer, or medical cannabis combination businesses operating retail location;
new text end
new text begin
(2) a local unit of government either:
new text end
new text begin
(i) prohibited the operation of cannabis businesses or the retail sale of cannabis flower,
cannabis products, or hemp-derived consumer products in the location where the business
was located or intended to locate; or
new text end
new text begin
(ii) adopted an interim ordinance after January 1, 2025, prohibiting the operation of
cannabis businesses in the location where the business was located or intended to locate;
and
new text end
new text begin
(3) the person identified the location where the business operated or intended to operate
to the Office of Cannabis Management before the local unit of government took any action
described in clause (2).
new text end