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SE City Council OKs first reading of cannabis ordinances

By Fritz Busch 3 min read

SLEEPY EYE -- The Sleepy Eye City Council heard first readings of ordinances to regulate cannabis smoking or vaping and the sale of edible THC products Tuesday.

Anyone under age 21 who purchases or tries to purchase edible THC products and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age is guilty of a misdemeanor.

The ordinance will become effective from and after its passage and publication.

Smoking or vaporizing including the use of an electronic delivery device, of cannabis products is prohibited where smoking is prohibited by the Minnesota Clean Indoor Act. Ordinance violators are guilty of a petty misdemeanor. Each day of violation constitutes a separate offense, according to the ordinance.

According to the ordinance regulating edible THC products, the City of Sleepy Eye finds that based on the most reliable and scientific evidence, "the rapid introduction of newly-legalized edible THC products presents a significant, potential threat to the public health, safety and welfare of residents, particularly to youth."

"Edible THC products have become increasingly common and are available in a variety of flavors and forms that appeal to children and youth adults and may lead to negative health consequences. The City desires to enact requirements in an effort to prevent children and youth adults from purchasing and using edible THC products," reads the ordinance.

Sleepy Eye City Manager Bob Elston said if the City wishes to place a moratorium on adult-use cannabis or recreational marijuana, a study has to be authorized to determine community impact of its use.

Elston said the City could impose a moratorium on the adult use of cannabis products until Jan. 1, 2025.

"On Aug. 1, 2023, it will be legal in Minnesota to possess marijuana, drinks and vapes infused with THC but it won't be legal to sell it until the Office of Cannabis Management is in place, issues licenses that come to the City for registration," said Elston.

The city council also:

• Approved by a 4-1 vote, a conditional use permit request from Open Bible Church to operate a church at 144 W. Main Street. City councilor Doug Pellmell dissented, saying such use in the district is neither a permitted use nor a listed conditional use, which was written in the city council meeting agenda.

City Manager Bob Elston said the Sleepy Eye Planning and Zoning Commission approved the request to be considered by the city council and that he has not heard any comments about it.

Permit conditions include meeting all use and fire codes for one year before the permit would be considered again. Open Bible Church minister Kyle Asp said the first thing he will do is inspect the building with the Sleepy Eye fire chief and city building inspector.

Asp said he bought the downtown building that formerly housed fitness equipment owned by Brent Mielke. He said the church is open from 6-8 p.m. Wednesdays and on Sunday mornings and that he is interested in opening it on Friday nights after football games.

• Took no action on a request to add yield signs on Cedar Street at 12th Ave. N.E. due to lack of a motion. Sleepy Eye Police Chief Matt Andres said some drivers are not yielding to traffic at the uncontrolled intersection.

• Heard a first reading called by councilor Gary Windschitl of a $25,000 lot offer by Marie Bushard on Lot 14 Block 1 of Snow's 2nd Addition.

• Approved a $86.63 pool umbrella donation from Karen Turbes.

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