MOORHEAD — With widespread sale of cannabis products in Minnesota expected in 2025, the Clay County Commission took action to restrict where products can be used in the county.
At the board’s Tuesday, May 28, meeting, county commissioners voted unanimously to pass an ordinance prohibiting the use of marijuana products in public places in unincorporated areas in Clay County. The county’s ordinance only applies to unincorporated areas in the county — individual cities in Clay County will have to pass city ordinances to regulate cannabis use in public, or fall back on state law.
The ordinance was one of two cannabis-related ordinances the commission discussed on Tuesday. Commissioners tabled a discussion on a zoning ordinance governing the cultivation, manufacturing and sale of cannabis products until the next County Commission meeting to get more information about it.
Ordinances around cannabis are a work in progress, said Clay County Commission Chair David Ebinger.
“People with the state are saying ‘Well, they’re not creating the wheel — other states have been through it and they can see the problems and adjust to it,’” Ebinger said. “We’re going to have to have the same mind about both of these ordinances — it’s going to be a work in progress.”
Forum file photo
The ordinance passed by the board on Tuesday prohibits the smoking, vaping and use of cannabis products in public places, including cannabis flower, lower-potency hemp edibles and hemp-derived consumer products.
The ordinance defines public places as a “public park or trail, public street or sidewalk, any enclosed, indoor area used by the general public.” It includes theaters, restaurants, bars, retail businesses, common areas in buildings, shopping areas, auditoriums and arenas.
It does not include a private residence, including a person’s yard, private property, and on the premises of an establishment or event licensed for on-site cannabis consumption.
Commissioners also added a provision to the ordinance requiring a setback for cannabis use outside of buildings, similar to a law in North Dakota and Moorhead for tobacco use. The ordinance prohibits cannabis use within 20 feet of doorways.
Violating the ordinance will result in a petty misdemeanor, with a fine of up to $300. The ordinance was effective immediately after board approval.
Minnesota law says cannabis cannot be used when operating motor vehicles or heavy machinery, and where smoking and vaping are prohibited under the Minnesota Clean Indoor Act. It also prohibits use and possession in some specific locations, like public school buses, federal property and locations where smoke could be inhaled by a minor.
Some cities in Clay County already have ordinances in place to regulate the use of cannabis. Jason McCoy, tobacco prevention coordinator at Clay County Public Health, told commissioners that Barnesville has already adopted an ordinance similar to the one the county was considering. In August 2023,
Dilworth voted to restrict the use of cannabis
to people’s homes and licensed events.
Consumption and possession of cannabis are legal in Minnesota, but the sale of recreational marijuana will remain illegal in
most of the state
until early 2025. The Minnesota Legislature passed a bill allowing certain people to apply for cannabis business licenses early. If signed by Gov. Tim Walz, starting in July,
social equity applicants, including veterans,
will be able to start applying for cannabis business licenses.
Be the first to comment