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THC Product Sales and Licensing

Background

Did you know?

It is now legal to sell certain edibles and beverages infused with THC (tetrahydrocannabinol), the cannabis ingredient extracted from hemp.  The new law passed by the legislature legalized the sale of certain cannabinoid products and took effect on July 1, 2022. 

The Brooklyn Park City Council has directed staff to gather business and community feedback and bring an ordinance to consider in late 2022 to license and regulate these products.

Learn more from the League of Minnesota Cities >

Business licensing for THC

Businesses can now apply for a THC license. Download the application below.

Updates

November 28, 2022

On Monday, November 28, 2022 the Brooklyn Park City Council passed the first reading of the new THC ordinance. The second and final reading is scheduled for Monday December 5, 2022. If approved, the new ordinance will create licensing and other requirements for all THC sales in Brooklyn Park.

Some of the new regulations include:

  • Businesses must have a license approved by the City Council to sell THC products
  • Customers must be 21 years old to purchase THC products, and it is a petty misdemeanor violation for anyone under 21 to possess licensed products
  • Customers must provide government-issued photo identification for purchase upon request
  • Products must be located behind a counter or in a locked case requiring store employees to access
  • License applicants must pass a background check prior to license approval
  • Compliance checks and business inspections are required to ensure compliance with regulations
  • Businesses located within 300 feet of any public or private school are not eligible for a license
  • An annual license fee of $1,000 and background check fee of $500 is proposed based on a discussion with City Council during the first reading
  • The total number of THC licenses allowed in the City is proposed at 15 per each of the three City Council districts (east, central, west) and 45 total licenses allowed in the City based on discussion with the City Council during the first reading
  • THC licenses are allowed in all retail areas except within 300 feet of a school
  • Penalties for violations and appeal process is similar to the tobacco process
  • Licensing requirement will go into effect on March 1, 2023

Requirements by State law

Packaging requirements

  • Must be prepackaged from an approved source and meet testing requirements 
  • THC edibles must be in an opaque container and child resistant
  • Not more than 5mg per serving and 50mg total per container/package
  • Label must contain a serving size, cannabinoid profile, and ingredients
  • Must state “Keep out of reach of children” on the label
  • Manufacturing information must be listed or include a scannable barcode on the label

Marketing requirements

  • Must not look like or contain cartoon characteristics
  • Must not be marketed to children
  • Must not be added to a commercially available candy or snack food item
  • Ingredients other than THC must be approved by the FDA
  • Must not be packaged to look like any commercially available food product
  • Containers must not mislead any person to believe it contains anything other than an edible THC product

Public safety and enforcement

  • The Minnesota Board of Pharmacy has regulatory authority over THC products
  • The sale of misbranded or altered products or sales to persons under the age of 21 years old is a misdemeanor level crime prosecuted by the county attorney
  • Board of Pharmacy has created a form to file complaints and a checklist to assist law enforcement
  • City licensing would create additional local enforcement options including fines, license denial, suspension, or revocation
  • Business inspections to ensure proper labeling, display and sales
  • Compliance checks for sales to persons under 21
  • Brooklyn Park has had no overdoses involving THC products since the new law went into effect on July 1, 2022
  • Overdose cases involving THC are rare. Most overdose cases involve other illegal drugs
  • Not expecting a measurable increase in crime or other problems related to the sale and use of THC products in Brooklyn Park
  • Police Department is planning to train at least two new DREs (Drug Recognition Expert) by next year to assist with identifying impaired drivers

Timeline

September 26, 2022 – City Council Work Session

October 27, 2022 – Webpage launched to provide information on the topic

November 28, 2022 – First reading of the new proposed ordinance

December 5, 2022 – Second reading of the new proposed ordinance

Questions?

  • For more information, contact Business Licensing at 763-493-8182 or BPLicense@brooklynpark.org.
  • Para asistencia, llame: Abigail Renteria, 763-315-8418.
  • Yog xav tau kev pab, thov hu rau: Pang Yang, 763-488-6487.
  • For reasonable accommodations or alternative formats please email access@brooklynpark.org or call 763-424-8000.