Local unit of government allowed to prohibit cannabis business operation within 500 feet of congregate housing for children, congregate housing for transplant recipients, and hospitals.

A bill for an act

relating to cannabis; allowing a local unit of government to prohibit cannabis

business operation within 500 feet of congregate housing for children, congregate

housing for transplant recipients, and hospitals; amending Minnesota Statutes 2025

Supplement, section 342.13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 342.13, is amended to read:

342.13 LOCAL CONTROL.

(a) A local unit of government may not prohibit the possession, transportation, or use

of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived

consumer products authorized under this chapter.

(b) Except as provided in section
342.22
, a local unit of government may not prohibit

the establishment or operation of a cannabis business or hemp business licensed under this

chapter.

(c) A local unit of government may adopt reasonable restrictions on the time, place, and

manner of the operation of a cannabis business provided that such restrictions do not prohibit

the establishment or operation of cannabis businesses. A local unit of government may

prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a

day care,
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a
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residential treatment facility,
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congregate housing for children, congregate housing

for transplant recipients, a hospital,
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or an attraction within a public park that is regularly

used by minors, including a playground or
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an
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athletic field.

(d) The office shall work with local units of government to:

(1) develop model ordinances for reasonable restrictions on the time, place, and manner

of the operation of a cannabis business;

(2) develop standardized forms and procedures for the issuance of a retail registration

pursuant to section
342.22
; and

(3) develop model policies and procedures for the performance of compliance checks

required under section
342.22
.

(e) If a local unit of government is conducting studies or has authorized a study to be

conducted or has held or has scheduled a hearing for the purpose of considering adoption

or amendment of reasonable restrictions on the time, place, and manner of the operation of

a cannabis business, the governing body of the local unit of government may adopt an

interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting

the planning process and the health, safety, and welfare of its citizens. Before adopting the

interim ordinance, the governing body must hold a public hearing. The interim ordinance

may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction

or a portion thereof until January 1, 2025.

(f) Within 30 days of receiving a copy of an application from the office, a local unit of

government shall certify on a form provided by the office whether a proposed cannabis

business complies with local zoning ordinances and, if applicable, whether the proposed

business complies with the state fire code and building code. The office may not issue a

license if the local unit of government informs the office that the cannabis business does

not meet local zoning and land use laws. If the local unit of government does not provide

the certification to the office within 30 days of receiving a copy of an application from the

office, the office may issue a license.

(g) The office by rule shall establish an expedited complaint process to receive, review,

and respond to complaints made by a local unit of government about a cannabis business.

At a minimum, the expedited complaint process shall require the office to provide an initial

response to the complaint within seven days and perform any necessary inspections within

30 days. Nothing in this paragraph prohibits a local unit of government from enforcing a

local ordinance. If a local unit of government notifies the office that a cannabis business

other than a cannabis retailer, cannabis microbusiness, cannabis mezzobusiness or

lower-potency hemp edible retailer with a retail operations endorsement, or medical cannabis

combination business operating a retail location poses an immediate threat to the health or

safety of the public, the office must respond within one business day and may take any

action described in section
342.19
or
342.21
.

(h) A local government unit that issues a cannabis retailer registration under section

342.22
may, by ordinance, limit the number of licensed cannabis retailers, cannabis

mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with

a retail operations endorsement to no fewer than one registration for every 12,500 residents.

(i) If a county has one active registration for every 12,500 residents, a city or town within

the county is not obligated to register a cannabis business.

(j) Nothing in this section shall prohibit a local government unit from allowing licensed

cannabis retailers in excess of the minimums set in paragraph (h).

(k) Notwithstanding the foregoing provisions, the state shall not issue a license to any

cannabis business to operate in Indian country, as defined in United States Code, title 18,

section 1151, of a Minnesota Tribal government without the consent of the Tribal

government.