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SCC Item 3.b.
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COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE No.: 23-3
ORDINANCE REGULATING THE USE OF CANNABIS
AND CANNABIS DERIVED PRODUCTS
IN PUBLIC PLACES
THE COUNTY BOARD OF WRIGHT COUNTY HEREBY ORDAINS:
ARTICLE I – CHAPTER 97 CANNABIS REGULATION
Sec. 1.
Create CHAPTER 97 – CANNABIS REGULATION and insert the following:
§ 97.01. PURPOSE, INTENT AND STATUTORY AUTHORITY
(A) Statement of Purpose and Intent.
This Ordinance is adopted by the Wright County Commissioners for the purpose of protecting
public health and safety by regulating the use of Cannabis and cannabis derived products in public
places and places of public accommodation within Wright County.
By enacting 2023 Session Law, Chapter 63, H. F. No. 100 [hereinafter referred to “State
Legislation”], the Minnesota Legislature passed the adult-use cannabis bill. Under that bill, the
adult use, possession and personal growing of cannabis became legal on August 1, 2023.
State legislation authorizes adoption of a local ordinance establishing a petty misdemeanor offense
for public use of cannabis. See State Legislation Article 4, Sec. 19, Minn. Stat. 152.0263, Subd. 5,
or successor statute.
Wright County (hereinafter “the County”) recognizes the risks that unintended access and use of
cannabis products and exposure to cannabis and its effects present to the health, welfare, and safety
of youth and the general public in Wright County.
State legislation authorizes adoption of ordinances to regulate actual or potential threats to the
public health. See Minn. Stat. 145A.05, subds. 1 and 7. The County wishes to be proactive in
protecting public health and safety by enacting regulations that will mitigate threats presented to
the public and public health by the public use of cannabis.
(B) Statutory Authority.
This Ordinance is enacted pursuant to 2023 Session Law, Chapter 63, H. F. No. 100 [hereinafter
referred to “State Legislation”]; State Legislation Article 1, Sec. 1 Minn. Stat. 342.01; State
Legislation Article 1, Sec. 9 Minn. Stat. 342.09 Subd. 1(b) or successor statute; State Legislation
Sec. 9 Minn. Stat. 342.09, Subd. 1 (b)(9) or successor statute; State Legislation Minn. Stat. 342.09
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Subd.1(a)(7) or successor statute; and State Legislation Article 4, Sec. 19 Minn. Stat. 152.0263,
Subd. 5, or successor statute; and Minn. Stat. 145A.05.
§ 97.02 DEFINITIONS
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms, and phrases, when used in this
ordinance, shall have the meanings ascribed to them except where the context clearly indicates a
different meaning.
(A)Adult-use cannabis flower. “Adult-use cannabis flower” means cannabis flower that is
approved for sale by the office or is substantially similar to a product approved by the office.
Adult-use cannabis flower does not include medical cannabis flower, hemp plant parts, or hemp-
derived consumer products.
(B)Adult-use cannabis products. “Adult-use cannabis products” means a cannabis product that is
approved for sale by the office or is substantially similar to a product approved by the office.
Adult-use cannabis product includes edible cannabis products but does not include medical
cannabinoid products or lower-potency hemp edibles.
(C)Cannabis flower. “Cannabis flower” means the harvested flower, bud, leaves, and stems of a
cannabis plant. Cannabis flower includes adult-use cannabis flower and medical cannabis flower.
Cannabis flower does not include cannabis seed, hemp plant parts, or hemp-derived consumer
products.
(D)Cannabis plant. "Cannabis plant" means all parts of the plant of the genus
Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
concentration of more than 0.3 percent on a dry weight basis.
(E)Cannabis product. “Cannabis product” means any of the following:
(1) cannabis concentrate;
(2) a product infused with cannabinoids, including but not limited to
tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; or
(3) any other product that contains cannabis concentrate.
(F)Hemp derived consumer products.
(1) “Hemp derived consumer products” means a product intended for human or
animal consumption, does not contain cannabis flower or cannabis concentrate, and:
(i) contains or consists of hemp plant parts; or
(ii) contains hemp concentrate or artificially derived cannabinoids in combination
with other ingredients.
(2) Hemp-derived consumer products does not include artificially derived
cannabinoids, lower-potency hemp edibles, hemp-derived topical products, hemp fiber
products, or hemp grain.
(G)Lower-potency hemp edible. A “lower-potency hemp edible” means any product that:
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(1) is intended to be eaten or consumed as a beverage by humans;
(2) contains hemp concentrate or an artificially derived cannabinoid; in combination
with food ingredients;
(3) is not a drug;
(4) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol,
or any combination of those cannabinoids that does not exceed the identified
amounts;
(5) does not contain more than a combined total of 0.5 milligrams of all
other cannabinoids per serving;
(6) does not contain an artificially derived cannabinoid other than delta-
9 tetrahydrocannabinol;
(7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
(8) is a type of product approved for sale by the office or is substantially similar to a
product approved by the office, including but not limited to products that resemble
nonalcoholic beverages, candy, and baked goods.
(H)Public place. A “public place,” means a public park or trail, public street or sidewalk, any
enclosed, indoor area used by the general public, including, but not limited to, theaters,
restaurants, bars, food establishments, places licensed to sell intoxicating liquor, wine, or malt
beverages, retail businesses, gyms, common areas in buildings, public shopping areas,
auditoriums, arenas, or other places of public accommodation.
(I)Place of public accommodation. “Place of public accommodation” means a business,
refreshment, entertainment, recreation, or transportation facility of any kind, whose goods,
services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.”
(J)Exceptions to public place or place of public accommodation. “A public place” or “a place of
public accommodation” does not include the following:
1. a private residence, including the individual’s curtilage or yard.
2. a private property, not generally accessible by the public, unless the individual 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. on the premises of an establishment or event licensed to permit on-site consumption.
(K)Smoking. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, pipe, or any other lighted or heated product containing cannabis flower, cannabis
products, artificially derived cannabinoids, or hemp-derived consumer products. Smoking
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includes carrying or using an activated electronic delivery device for human consumption through
inhalation of aerosol or vapor from the product.
§ 97.03 JURISDICTION
This Ordinance shall be applicable within the legal boundaries of Wright County.
§ 97.04 PROHIBITED ACTS
(A) No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-
derived consumer products in a public place or a place of public accommodation unless the
premises is an establishment or an event licensed to permit on-site consumption of adult-use
cannabis flower and adult use cannabis products. See State Legislation Article 4, Sec. 19 codified
as Minn. Stat. 152.0263, Subd. 5, or successor statute.
(B) No person shall vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, or
vapor would be inhaled by a minor. See State Legislation Article 1, Sec. 9 codified as Minn. Stat.
342.09, Subd. 1 (b)(9) or successor statute.
§ 97.05 PENALTY
(A) Criminal Penalty. A violation of this ordinance chapter shall be a petty misdemeanor having
a fine payable up to $300. Nothing in this ordinance prohibits the County from seeking prosecution
for an alleged violation.
§ 97.06 SEVERABILITY
If any section or provision of this ordinance is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or
provision.
§ 97.07 EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publications as
required by law.
ADOPTED by the Wright County Board of Commissioners this day of
, 2023.
_________________________
Darek Vetsch
Chair, Wright County Board of Commissioners
ATTEST:
_________________________
Lee Kelly
Wright County Administrator
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District 1
District 2
District 3
District 4
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BOARD OF WRIGHT COUNTY
COMMISSIONERS
DATE ADOPTED:
Motion by
Commissioner
Seconded by
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Roll Call Vote:
YES NO
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RESOLUTION ##
RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF
ORDINANCE NUMBER 23-3 ENACTING THE WRIGHT COUNTY CODE OF
ORDINANCES CHAPTER 97 CANNABIS REGULATION
WHEREAS, on August 15, 2023 the Wright County Board of Commissioners adopted Ordinance
No. 23-3, which enacted the Wright County Code of Ordinances Chapter 97 Cannabis Regulation (the
"Ordinance");
WHEREAS, it is not practical to publish the entire text of the Ordinance in the County's official
newspaper;
WHEREAS, Minnesota Statute § 375.51, subdivision 3 allows the publication of a summary of an
ordinance instead of publishing the entire ordinance; and
WHEREAS, the Wright County Board determines publication of a summary of the Ordinance is
sufficient to clearly inform the public of the intent and effect of the Ordinance and where to access the full
text of the Ordinance.
Select Signer
12
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District 1
District 2
District 3
District 4
District 5
BOARD OF WRIGHT COUNTY
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DATE ADOPTED:
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RESOLUTION ##
NOW, THEREFORE, BE IT RESOLVED, that the Wright County Board of Commissioners
hereby determines to publish the following summary language, which is hereby approved, in lieu of
publishing the full text of the Ordinance:
WRIGHT COUNTY, MINNESOTA
Ordinance No. 23-3
On August 15, 2023, the Wright County Board of Commissioners adopted Ordinance No. 23-3, titled:
“Ordinance Regulating the Use of Cannabis and Cannabis Derived Products in Public Places.”
The Ordinance is being adopted in response to the recent adult-use cannabis bill, effective August 1,
2023, to protect public health by regulating adult cannabis use in public places and places of public
accommodation.
The Ordinance prohibits use of cannabis flower, cannabis products, lower-potency hemp edible, or
hemp-derived consumer products in public places or places of public accommodation. The Ordinance does
not prohibit use in private residences, on private property, and where the premises is an establishment or an
event, licensed to permit on-site consumption of adult-use cannabis. The Ordinance also prohibits vaporizing
or smoking cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer
products in any location where the smoke, aerosol, or vapor would be inhaled by a minor.
A copy of the full ordinance may be obtained by contacting Wright County Administration and is
available for public inspection in the Wright County Administration Office.
BE IT FINALLY RESOLVED,that the Wright County Clerk is hereby authorized and directed
to:
(l) Publish the approved summary language set out above once in the County's official
newspaper;
(2)Place a copy of the full Ordinance at the Wright County Administrator;
(3)Place a copy of the full Ordinance at the Wright County Law Library; and
(4)Place a copy of the full Ordinance at the Wright County Sheriff's Office.
RESOLUTION ##
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