On the first day of cannabis legalization, regulatory questions abound in East Grand Forks

EAST GRAND FORKS – With the consumption and possession of cannabis now legal in Minnesota for adults age 21 and over, questions persists in East Grand Forks about the proper way to regulate it.

Under the new law, Minnesotans are able to publicly possess up to 2 ounces of cannabis flower, 8 grams of cannabis concentrate and up to 900 milligrams of edibles or beverages containing tetrahydrocannabinol (THC), the psychoactive component of cannabis.

In addition, Minnesotans may possess up to 2 pounds of cannabis in their homes, and grow up to eight plants, no more than four of which may be flowering at any time.

However, some municipalities across the state have adopted their own ordinances that differ from state law. On July 5, the East Grand Forks City Council adopted a moratorium prohibiting the testing, manufacturing, cultivating, growing, transporting, delivery and distribution of cannabis within its city limits.

Council member Tim Riopelle said a lack of guidance from state authorities prompted the council to adopt the moratorium – which can last up to two years under state law.

“The governor put this in force, but didn’t tell us how we had to control it,” he said. “Until we can figure that out through the Legislature, our attorney, law enforcement – our hands are tied at this point.”

City Attorney Ron Galstad said the moratorium gives the city time to more thoroughly explore the complex issue of regulating cannabis.

“I think there’s just an overall sense of confusion on a lot of levels, particularly on the legal end,” he said.

Galstad said the moratorium does not impact already existing businesses selling hemp-derived THC products, after their sale was legalized in July 2022. Additionally, adults 21 or older will still be able to possess cannabis for personal consumption under the limits set by state law.

Galstad also said legality of public consumption remains a gray area. Like other Minnesota cities – notably Duluth, which has proposed an ordinance to keep smoking the substance in public parks illegal – the city of East Grand Forks is looking into the matter.

“We are looking at an ordinance that would potentially limit public consumption,” he said. “Right now, the law indicates certain things – I don’t think you can use it in multi-family housing, a vehicle or federal facilities. It may be that we decide it can’t be used at the swimming pool, or in a city park.”

For one business owner in the cannabis industry, the moratorium has put a hold on plans to expand.

Charlene Johnson, general manager of CBD of EGF, whose business sells both CBD and hemp-derived THC products, said she would like to open a dispensary selling recreational cannabis in the future.

Johnson said she understands why the city adopted its moratorium, and believes it will be good for business in the long run.

“We just really want to get all of the gray areas figured out, because there’s a lot of them when it comes to cannabis,” she said. “If that takes six months or a year to do, that’s OK, as long as we get everything figured out. People want to know where our product is coming from, and that it's safe."

Johnson added that if her application to open a dispensary is approved by the city, she feels it would be a boon to revenue, as well as provide employment opportunities.

Jason McCoy, positive community norms coordinator for the Clay County Department of Public Health, said parents should take adequate steps to prevent the accidental ingestion of cannabis products by young children.

“Think of it like a liquor cabinet – you lock that so kids don’t get into it,” he said. “I would recommend that you put them up high where toddlers and young kids can’t reach. If use is regular, I would consider having a locked cabinet where teenagers wouldn’t have access as well.”

McCoy also said his department is committed to continued educational outreach to prevent underage use of cannabis.

“For years now, we’ve had really solid education, and most of the data shows us that most teenagers are not using cannabis at all,” he said. “We’re heartened by that. We recognize that legalization will cause some confusion for students, so we’re looking forward to staying on the cutting edge of education to help them.

“We’re looking forward to working with the business community as well, to ensure that products are consumer friendly, but also safe for the community,” he added. “We definitely don’t want the business community to think we are against them.”

Sarah Reese, public health director of Polk County, said cannabis use is harmful for developing brains.

“Any sort of substance use among youth is of concern to us,” she said. “Marijuana is obviously not safe for a child’s brain development. From a public health perspective, we know that young people’s brains are developing until about the age of 25. We, of course, are concerned about the broader range of health effects on their brains and body. When youth are in this stage of development, they’re not thinking about the long-term impacts of potential impairment on thinking, memory and learning.”

Reese added that those who begin using cannabis before the age of 18 are at increased risk of developing a substance use disorder, denoting the inability to stop using a substance despite experiencing adverse mental and physical health effects as a consequence of use.

“Marijuana use has been linked to depression and social anxiety amongst other things in adults,” she said. “We’re concerned about more of those short-term mental health impacts, but also longer-term mental disorders that can be associated with changing your brain chemistry by exposing it to marijuana or other substances.”