Proposed Redwood Falls ordinance prohibiting the use of cannibis in public places
The Redwood Falls City Council introduced the proposed ordinance at the meeting held on Tuesday, September 19, 2023. City Council will consider adopting the proposed ordinance at the next meeting being held on Tuesday, October 3, 2026.
ORDINANCE NO. 86, FOURTH SERIES
AN ORDINANCE AMENDING REDWOOD FALLS CODE OF ORDINANCES §10.20 – PROHIBITING THE USE OF CANNABIS IN PUBLIC PLACES
WHEREAS, on May 30, 2023, Governor Tim Walz signed into law House File 100 relating to the possession, sale, and adult use of cannabis; and
WHEREAS, House File 100 authorizes local units of government to adopt ordinances establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in certain public places; and
WHEREAS, the City of Redwood Falls, Minnesota, is a local unit of government that is committed to providing safe and healthy environments; and
WHEREAS, as part of that commitment, the City has recognized that, based on the most reliable and up-to-date scientific evidence, the rapid introduction of newly legalized adult-use cannabis products presents a significant potential threat to the public health, safety, and welfare of the residents of Redwood Falls, and particularly to youth; and
WHEREAS, the City has been given the opportunity to make decisions that will mitigate this threat and reduce exposure of young people to cannabis and related products and to the marketing of these products and improve compliance among cannabis users with laws prohibiting the use of such products in public places; and
WHEREAS, the City Council for the City of Redwood Falls, Minnesota has determined that the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products is detrimental to the health and safety of its community and that prohibiting such use in public places is consistent with the City’s commitment to providing safe and healthy environments.
NOW THEREFORE, THE CITY OF REDWOOD FALLS DOES ORDAIN:
SECTION 1. That Redwood Falls City Code of Ordinances §10.20 shall be amended by amending and inserting the following provisions, in their entirety, in lieu thereof:
§ 10.20 [RESERVED]
§ 10.20 PROHIBITION OF CANNABIS USE IN PUBLIC PLACES
Subd. 1. Definitions.
A. For the purposes of this section, the definitions included in Minnesota Statutes, Section 342.01, as enacted by the 93rd Legislature of the State of Minnesota in House File 100, and as the same may be amended from time to time, shall apply.
B. “Public Place.” For the purposes of this section, the term “Public Place” shall mean any and all public places within the City of Redwood Falls, including but not limited to any public street, avenue, boulevard, right of way, road, alley, sidewalk, park, trail, parking lot, beach, pier, building, and vehicle. Provided, however, that the following shall not be considered a Public Place:
1. a private residence, including the person’s curtilage or yard;
2. private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or
3. the premises of an establishment or event licensed to permit on-site consumption.
Subd. 2. Use in Public Places Unlawful.
A. It shall be unlawful for any person to use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a Public Place.
B. Any person who violates Subd. 2. A of this Section shall be guilty of a petty misdemeanor as defined by Minnesota law. This section may be enforced by criminal prosecution and/or administrative citation subject to the rules and procedures of Redwood Falls City Code § 1.03 and § 1.13.
SECTION 2. Effective Date. This Ordinance becomes effective from and after its passage.
Posted at City Hall – September 21, 2023
