Pine County board strikes 1,000-foot setback for low-potency hemp edibles, pledges follow-up on point-of-sale rules

Pine County commissioners voted April 6 to remove a 1,000-foot youth-oriented facility setback from the county's ordinance regulating retail sales of low-potency hemp edibles, approving the change amid concerns from downtown businesses and city officials about disproportionate impacts.

County administrator Kelly Schroer told the board the setback in Pine County Ordinance 2025-40 effectively barred many downtown retailers from selling low-potency beverages because the distance standard was broader than the county's cannabis setbacks. "All of downtown Pine City and our local restaurants are not able to sell it" under the current language, Schroer said, and staff recommended striking the requirement to avoid harming small businesses while the county develops clearer enforcement language.

City of Pine City administrator Marcy Peterson, addressing the public hearing, urged rules that make beverages inaccessible to underage customers by keeping them behind the counter, citing inconsistent enforcement of age-restricted sales and saying: "Relying on compliance alone is not enough." Lara Smith of Voyager Bottle Shop said retailers that already sell age-restricted products are trained and liable for sales, and recommended behind-the-counter storage for beverages so age verification is required at the point of sale.

Several commissioners expressed concern about moving too quickly. One asked whether passing the change would create a de facto permanent right for businesses that register under the looser rules. County staff and the county attorney said that while the setback could be removed now, the board could return with additional restrictions on transactions or storage; they cautioned that businesses registered under a permissive regime could complicate later efforts to impose setbacks.

Commissioner Steve moved to strike the 1,000-foot setback language from Ordinance 2025-40 (recorded as ordinance 2026-14 for the motion). The motion was seconded and adopted in the meeting; commissioners agreed to hold another public hearing at the May board meeting to consider point-of-sale measures such as keeping beverages behind counters, limiting sales to 21+ stores, or other transaction-focused rules.

County staff clarified that state law already requires many edibles, such as gummies, to be kept behind a counter or in a locked space; beverages were the exception under state statute. Board members asked staff to prepare information on enforcement options and potential grandfathering or registration impacts before the May hearing.

The board's action leaves the county without the setback standard for low-potency hemp beverages but with an explicit plan to return to the issue and consider transaction rules intended to reduce underage access. That follow-up public hearing is scheduled for the board's May meeting.