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Agenda - Council Work Session - 02/13/2024
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Agenda - Council Work Session - 02/13/2024
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3/13/2025 10:08:39 AM
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Meetings
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Agenda
Meeting Type
Council Work Session
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02/13/2024
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i�. <br /> 3 <br /> 3< <br /> s <br /> 1 <br /> f; <br /> Return to top of page <br /> Q50. Can a city suspend or revoke a tobacco license if they f i nd that <br /> they are selling cannabis or low-potency hemp products without a <br /> license? <br /> s <br /> A50.Yes.The new law allows a tobacco license to be suspended or revoked if the licensee has a <br /> registration or licensed under ch. 342 or Minn. Stat. §151.72, subd. 5b revoked;is convicted of <br /> 1 <br /> an offense under Minn. Stat. §151.72, subd. 7; or has been convicted under any other statute <br /> for the illegal sale of marijuana, cannabis flower, cannabis products,lower-potency hemp <br /> edibles,hemp-derived consumer products, or edible cannabinoid products and the sale took <br /> place on the premises of a business that sells tobacco.A city must provide notice and an <br /> opportunity for a hearing before suspension or revocation. <br /> Return to top of page s <br /> employmentCity <br /> Q51. Does the new law allowing adult-use cannabis change <br /> anything about how we do drug g testi n for CDL holders? <br /> A51.No, cities with positions requiring an employee to hold a commercial driver's license <br /> will recall these ositions are re ulated b federal law and those re ulations are <br /> (CDL) p g Y � g <br /> supervised by the Federal Department of Transportation(DOT).Federal law preempts state law <br /> related to cannabinoid use,in fact,the DOT states in its DOT Recreational Marijuana Notice <br /> that it does not authorize the use of Schedule I drugs, including marijuana, for any reason.As a <br /> result, cities should continue to follow their drug-testing procedures related to CDL holders and <br /> may enforce prohibitions against an use of cannabinoids for CDL holders regardless of state <br /> Y � g <br /> law protections. <br /> Cities can find more 'information on existing drug testing policies in the LMC Drug and Alcohol. �r <br /> Testin Toolkit starting on page 22.An updated model Non-DOT Drug,Alcohol and Cannabis <br /> g � g p g P g� <br /> Policies will be available once legal consultants have reviewed. <br /> Return to top of page <br /> Q52. Does the new law change anything related to employees who <br /> carry a f i rearm? <br /> 1- <br /> A52.No. Public safety employees who carry a firearm cannot lawfully use marijuana under <br /> federal law.Federal law prohibits cities from providing firearms or ammunition to an employee <br /> it knows or has reason to think is using marijuana.Although there is a legal difference between <br /> marijuana products and hemp products,it may not be possible to differentiate the products in a <br /> drug test. officers should be mindful of any substance they ingest because they are ultimately <br /> responsible if those products lead to a positive marijuana test. <br /> Return to top of page <br /> Q53. Besides positions requiring a CDL or carrying a f irearm, are <br /> there any other positions which are not affected b the new law? <br /> y � y �r <br /> A53.Yes.The laver excludes the following seven position classes from the law's changes: <br /> �j <br /> �r <br /> 1.A safety-sensitive position, as defined in as defined in Minn. Stat. § 181.950, subd. 13. is <br /> is <br /> I� <br /> lj <br /> t. <br />
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