Fergus Falls, MN – The Fergus Falls City Council has denied interim use permits for both Elevate and Sugar High, further delaying the sale of cannabis in the city.
At the City Council meeting on April 21st, the council was set to vote on the permits for both companies when council member Mike Mortenson called into question the definition of “attractions” in the city’s zoning ordinance for cannabis sales. The ordinance dictates that cannabis retail stores cannot be within 250 feet of an attraction within a public park that is regularly used by minors as measured from the edge of the real property on which the attraction is located.
Mortenson says that neither the state legislature nor the Office of Cannabis Management have a legal definition for the phrasing, and that it may be argued that the Spies Riverfront Park and the Riverwalk in downtown Fergus Falls could be considered attractions or have attractions for kids, and are too close to these retailers.
Owner of Sugar High Emily McCune thinks this stance is bizarre, saying, “There are already clear definitions and presumptions of an attraction. The Splash Pad, obviously an attraction. Athletic parks where kids come and play sports, that was gone over. The Riverwalk is a scenic walk, it’s not an attraction. This is absurd and ridiculous.”
Kris Stach, co-owner of Elevate and a registered nurse, says, “Right now, we’re 230 feet from Spies Park, the parking lot of it. I think our biggest thing is, you know, it’s hard to say that that would be a kid attraction.”
McCune asks, “Who’s it up to? What data are they going to be pulling from to determine what defines an attraction? Is it a mural under one of the bridges on the Riverwalk that draws people? Is it a butterfly statue?”
With their permits hanging in the balance, both Stach and McCune are concerned that their investments into their locations are going out the window.
Stach says, “Our biggest concern is the investment we’ve already made into our building that we’ve been in for the last two and a half years, thinking that we were zoned correctly.”
McCune says, “From day one, when we opened our doors in 2022, Sugar High’s number one priority is safe access, and responsible use and education on the products. There is so much work that we have done to de-stigmatize this substance.”
Despite a lengthy discussion at the council meeting, the two business owners were not allowed to speak on behalf of their companies. The votes on both permits failed, with council members Kilde, Fish, and Job voting yes, and Leighton, Kreimeier, Mortenson, Rachels, and Kvamme voting no.
Stach says that Elevate will continue to work with the city and discuss the next steps, “We’ve always been really open and inviting everybody down here that even doesn’t agree with what we’re doing. I think just having a conversation and getting that education piece involved is a huge thing.”
McCune says Sugar High is not giving up, “Okay, very well, a little bit more delay: fine. We can deal with that, we’ve been fighting this fight for over two years. It’s been made very apparent that our council will continue making this as difficult as they can for us until the very end, and likely continued through navigating this new industry.”
Council Member Mortenson made a motion after each permit was denied for the Council and city staff to work with the Office of Cannabis Management to come to a clear definition of attractions in regards to cannabis zoning.
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