FAQs
Why do we need a local ordinance when cannabis use was enabled by state law?
Many of the limitations most people support – cannabis smoke-free sidewalks, doorways, parks, etc. – are not enforceable without local ordinances. The Cannabis law passed by the State of Minnesota in 2023 stated that people could not smoke cannabis around minors, but that restriction cannot be enforced without a local ordinance. Also, Minnesota's Clean Indoor Air Act Freedom to Breathe amendments that went into effect in 2007 does not prohibit smoking outdoors, regardless of proximity to doors, windows, and air intakes. Local ordinances and/or property owner policies are needed to ensure air quality in those areas.
What is covered by Kanabec County's cannabis public use ordinance?
It might be easier to describe what is not covered. The ordinance covers use of cannabis in public; it does not address sale, possession, nor intoxication. It is Kanabec County's current understanding that the land within its townships is covered under the cannabis public use ordinance without their need to opt-in. However, the municipalities within Kanabec County – Mora, Ogilvie, Quamba, Grasston, and Braham (only Braham's industrial part is in Kanabec County) – would need to adopt the ordinance for it to take effect within their boundaries. Where the ordinance is in effect, a private residence including your outdoor property is excluded. For renters, landlords can establish policies similar to their rights around tobacco use. Where businesses have a license for a particular use, such as consumption of cannabis-infused alcohol products at bars, this form of public use is allowed by the ordinance.
Why have another ordinance when we can't enforce the ones we have?
It's a tool in the toolbox. Parents at the park would be able to point to a sign and remind people the space is cannabis-free. Law enforcement would have the ability to provide a citation if a situation escalates. We don't do away with speed limits because we aren't cited each time we break them. They set the norms and expectations.
Can cannabis be smoked on restaurant patios/decks?
Where the ordinance is in effect, no. However, as noted above, the cities within Kanabec County would need to adopt the ordinance for this to be the case. Local ordinances and/or property owner policies are needed to ensure air quality in those areas.