County Attorney Hicken breaks down proposed Cannabis Ordinance ahead of public hearing

Kirsten Wisniewski | July 30, 2024

Updated 7/31/24 with additional public meeting times

The Minnesota legislature legalized the use of cannabis and cannabis products by individuals aged 21 years and older in 2023. Later this year the state will begin pre-approval of retail licenses for cannabis sellers considered “social equity applicants.” The legislature defined the term as “people harmed by over-prosecution of cannabis laws in the past.” The state plans to issue licenses for general applicants to allow sales to begin in early 2025. While licensing would come from the state, county and municipal laws would still dictate details of how those businesses could operate, similarly to the way that liquor licenses are managed.

Counties and municipalities across the state are currently working to establish ordinances for potential businesses, tailoring the state laws to their communities. Cook County Attorney Molly Hicken told WTIP that thus far, the county has not established a more restrictive use ordinance than the one established by the state. The city of Grand Marais adopted an ordinance for personal marijuana use last summer when the state law made recreational cannabis use legal on Aug. 1, 2023.

Earlier this year Hicken and Cook County Sheriff Pat Eliasen requested that the board establish a two-year committee to discuss creating an ordinance for the county to regulate cannabis businesses and underage use. The two act as co-chairs of the committee, which also includes representatives from Public Health and Human Services, ISD 166, the City of Grand Marais, the Chamber of Commerce, the Board of Commissioners, the general citizenry, and the Grand Portage Band of Lake Superior Chippewa. Hicken clarified that, though the county does not have jurisdiction over the sovereign nation of Grand Portage, band members were included in the group drafting the ordinance, since cannabis businesses that are in the area will still impact those living on the reservation. Any businesses established in Grand Portage will fall under the jurisdiction and regulation of the tribal government.

Cook County’s proposed ordinance

On Jul. 23, Hicken presented a draft ordinance to the Cook County Board of Commissioners that focused largely on regulating cannabis retail businesses. Much of the ordinance addresses the requirements that new business owners will need to meet. It also establishes things like a total number of businesses that will be allowed in the county (14, based on existing liquor store laws, and taking into account that several types of businesses fall into the category of cannabis retail business), and the hours of operation for those stores (10 a.m. to 10 p.m., again using existing liquor stores as a template).

The ordinance also sets some limits on how THC products can be advertised, including low-potency hemp products that are already sold legally in stores across the state. While the proposed ordinance does not establish any kind of municipal business, it does allow the county and City of Grand Marais the option to consider the establishment of a municipal dispensary.

The one area of the ordinance that relates to personal use, rather than business practices, is Section 5, which addresses underage cannabis use. Hicken told WTIP that it was important to the group drafting the ordinance that underage use was discouraged. The ordinance would set the penalty for underage use, possession, or transportation as a petty misdemeanor. The aim is to both discourage youths from using cannabis, and also from discouraging adults with “bad faith intents” from using youths to distribute in the sale of black market cannabis.

Hicken said that a petty misdemeanor is in the same category as a traffic ticket. She added, “For adults there might be a fine. For juveniles charged with petty misdemeanors, they’re put in this category called a juvenile petty offender. And the court can take jurisdiction over them and order them to do things like an evaluation of their chemical use, they can order community service, order them under the supervision of a probation officer, or to go through some kind of a diversionary educational program about alcohol or drug use. But cannot put that child into any kind of out of home placement, which is kind of akin to jail.”

The charge would change, however, to a regular misdemeanor, if an individual has already been charged twice with a petty misdemeanor for use, possession, or transportation. During the board meeting Commissioner Dave Mills raised concern about that, because a potential outcome of a minor being charged with a misdemeanor includes an out of home placement. Hicken told WTIP, that that is considered a last resort. She added, though, that because there is limited access to resources like chemical dependence treatment programs in Cook County, a court mandating that a youth participate in such a program would almost certainly be an out of home placement.

Public feedback

Before the board votes on approving the ordinance, the county is asking residents to weigh in on the draft. The county has made several options available for how people can give feedback, including a public hearing, a town hall meeting, a phone line, and an online written submission site. Hicken said, “Knowing that this could be kind of a divisive topic, we wanted to make sure folks of all walks of life in all parts of the county with various technological abilities and access could comment on these proposed regulations and their general concerns about cannabis use in the county.”

While the question of general legal cannabis use is not up for debate, since the state law states that counties cannot make it illegal again, Hicken said that the county is looking for opinions from the public about how they would like to see the sale of cannabis products managed. She said that they are looking for the public’s answers to questions like, “What would be your priorities in tracking the effects or impacts of adult use cannabis and youth prevention and enforcement, and regulation of business?”

Those looking to provide feedback can find the ordinance on the county attorney’s website, along with a place to provide written feedback. Comments can also be left via voicemail at 218-264-1094. Both the phone line and online written comment site are currently live and available for public use. The Board of Commissioners will also hold two public hearings on Aug. 6 in the commissioners board room at the Cook County Courthouse. The first meeting will begin at 1 p.m., followed by a second meeting scheduled to begin at 4 p.m. Two additional town hall meetings will be held in the area. The first will be held at the Colvill Townhall on Aug. 5 beginning at 5 p.m., and the second will be held on Aug. 12 from 4:30 p.m. to 6 p.m. at the Arrowhead Center for the Arts. Hicken anticipates that the board will vote on the ordinance at their regular business meeting on Aug. 13.

WTIP’s Kirsten Wisniewski spoke with County Attorney Molly Hicken about the proposed Cannabis Ordinance. Audio of that interview can be found below.