The Albert Lea City Council on Monday approved an amended city ordinance that prohibits people under 21 in the city from purchasing or possessing edible products with hemp-derived THC. 

The Minnesota Legislature at the end of the legislative session adopted a state statute making it legal to sell edibles and beverages infused with under 5 milligrams of THC per serving. THC is the psychoactive ingredient extracted from cannabis plants that produces a high sensation.

City Manager Ian Rigg said the city’s ordinance is in line with state law on the age for the sale of the products but goes above state requirements to establish an age for possession or use.

Rigg said as the state law is currently written no minimum age is included, and someone as young as 12, for example, could use the products.

“The gap in the law is that significant that we are applying this restriction,” Rigg said. 

Third Ward Councilor Jason Howland, who noted he was not against legalizing the products, said it was unfortunate the state rushed through and passed the law as it was written, so that “cities like us are left sweeping up the mess.” 

He said when the city approved its tobacco 21 ordinance, he was against that because it was above the state’s set age of 18. But he felt it was different with the edibles products.

“These products … they’re almost geared toward a younger demographic,” Howland said. “They’re in energy drinks, cans of energy drinks, candy, gummy type things. It’s good we passed this tonight because it puts them in a more secure place and doesn’t allow for the sale for younger folks, too.” 

The new law will be enforced similarly to as if someone underage was found in possession of tobacco or alcohol. 

In addition to it being illegal for someone under 21 to purchase or possess the edible cannabinoid products, the ordinance makes it illegal for someone to purchase on behalf of a person under 21 as well.

Regarding the sale of the products, the ordinance requires businesses that sell edible cannabinoid products with non cannabinoid products to ensure that all packages of the cannabinoid products are separated, displayed and offered for sale either behind a checkout counter where the public is not permitted or inside a locked display case. 

A business that sells edible cannabinoid products as its primary business must make sure that an employee is able to monitor the product, ask for identification upon entry to ensure no person under 21 has access or keep all product secured behind a counter or in a locked case. 

Sixth Ward Councilor Al Brooks said he wanted people to know that the action taken in the meeting was not taken lightly. He referenced his own grandchildren, who are in elementary school and will be going to the middle school in a few years. 

“For me, it’d be tough for me — that we’d be allowing such young kids to have it without any consequences,” he said of why he ultimately voted in favor of the amendment. 

Lana Howe, who works for the Freeborn County Public Health Department and is the coordinator of the Statewide Health Improvement Partnership in the county, said many of the leading causes of death can be attributed to smoking and substance abuse. She also referenced smoking as the No. 1 preventable cause of death. 

“Why help end lives early if we can bring changes to promote longevity?” Howe said. 

She said the ordinance can prevent youth from starting, experimenting and becoming addicted to the products. 

According to the 2020 tobacco report, one-third of students who vaped used an e-cigarette on 20 of the 30 last days. There has been an 80% increase in frequent vaping since 2017. Some of these vapes and devices contain THC and cannabinoid content. 

“The percentage of youth that start smoking before the age of 18 is remarkably high, and we know that people who choose not to smoke before the age of 21 are most likely never to become smokers.”

Howe also read a statement from Jenny Hendrickson, coordinator of Freeborn County Partners in Prevention in support of the ordinance.