City plans to license sales of THC edibles

Eden Prairie plans to regulate “THC edibles” similar to how it regulates tobacco: require an annual city license and conduct compliance checks to ensure that local sales comply with state law and are made only to those age 21 and older.

The restrictions are part of a new city ordinance expected to be approved Tuesday, Aug. 16, by the Eden Prairie City Council.

The proposed regulations parallel the city’s tobacco licensing ordinance in that they prohibit edible THC products from being sold in vending machines, at kiosks, or other movable places of business; require that products be sold behind a counter except at a tobacco shop; and place minimum age requirements on who may sell such products.

Regulation follows action by the 2022 Minnesota Legislature to specifically legalize certain “edible cannabinoids” derived from hemp containing a small amount of THC, the main psychoactive compound in the cannabis plant. 

State law now permits the sale of products containing THC that are intended to be eaten, commonly known as “edibles,” as well as beverages containing THC. These products may contain no more than .3 percent of any THC total, no more than 5 milligrams of THC per serving, and no more than 50 milligrams of THC per package. 

The state law allows those age 21 or older to possess or consume edible THC products and contains several requirements regarding labeling and packaging. But the legislation does not outline a licensing process or further regulation, prompting cities to enact their own restrictions or place a moratorium on sales until local regulations can be added.

Eden Prairie Mayor Ron Case said the city’s existing ordinance on tobacco sales offered a clear path to take, although city staff did get input from other suburbs and the League of Minnesota Cities before moving ahead on its regulations.

“I think this is the reasonable way to go,” he said about the proposed ordinance.

There’s another parallel with the tobacco ordinance, he noted. “We’re not going to sell any of the THC products in our liquor stores, just like we don’t sell tobacco there,” said Case. The city’s three liquor stores are city-owned and city-run.