Minnesota law enforcement still awaiting state's instruction

Aug. 2—GRAND FORKS — As the end of July approached, East Grand Forks and Polk County law enforcement had been offered little guidance from the state regarding cannabis legalization, which came into effect on Aug. 1.

Not much has changed.

"At this point, the state has provided almost no guidance as to how the cities and counties will deal with this new situation," East Grand Forks Police Chief Michael Hedlund told the Herald. "The state was supposed to be establishing a new licensing agency and, in theory, they will be providing a model ordinance for cities to follow, but at this point we have not received any guidance."

Possession of cannabis products — with restrictions —

is now legal in Minnesota,

but it's unclear how police work will change as a result.

Mike Norland, chief deputy at the Polk County Sheriff's Office, suspects the agency will look to the county attorney's office for clarification on what charges can be filed and when they're appropriate.

Smoking cannabis products while operating a vehicle will remain prohibited, but Polk County and East Grand Forks law enforcement are unsure if this will change traffic stops and probable cause searches.

An appeal was filed in State v. Lindekugel last fall. On July 3, it was affirmed that a marijuana smell gives probable cause to search a vehicle. However, it's unknown if this will remain the case moving forward.

"You essentially have to prove that they were smoking, and that's where they're going to probably argue, 'I wasn't smoking,'" Hedlund said. "Well, we could smell it — but is that going to be enough? That's where we are going to need some guidance from the state and, ultimately, the courts, on what they're going to accept."

Another existing concern that could be compounded by legalization is how to determine whether someone is driving under the influence, according to Norland. When testing for use of any substance other than alcohol, officers currently utilize blood and urine tests, but those can't be done during a traffic stop.

"We've always had our basic testing for alcohol, and for drugs," Norland said. "But now, is there going to be something that will help us a little bit more with testing on the roadside?"

The SoToxa test system, a device being used by law enforcement across the nation, tests a person's oral fluid for drugs, including cannabis. Cannabis remains in a person's system much longer than alcohol, so it's unclear how law enforcement can conclusively determine when a driver is under the influence.

Law enforcement concerns extend across state lines into North Dakota, where cannabis is still illegal unless approved for medical use.

"Without a valid North Dakota medical marijuana card, an individual in possession of marijuana has no protections under the North Dakota medical marijuana laws," Lt. Andrew Stein, of the Grand Forks Police Department, told the Herald.

The GFPD is concerned people who use or possess cannabis products legally might cross state lines, into Grand Forks, where it is no longer legal. Regardless of the person's residency, they could be cited for cannabis possession or use once they're in North Dakota.

An initiative is being explored on the state level to provide North Dakota law enforcement agencies with SoToxa devices.

The city of East Grand Forks passed a moratorium in July that delays some elements of cannabis legalization. It will remain prohibited to grow, transport, distribute or sell cannabis products in East Grand Forks. Possession and use, though, will be permitted.

"The moratorium is like pushing pause on the manufacturing and sales end of the new statute," Hedlund said.

The moratorium doesn't apply to the state's medical cannabis program or existing businesses that sell THC products that were approved in earlier legislation — edible and nonedible cannabinoid products with no more than 0.3% of tetrahydrocannabinol.

The moratorium could last up to January of 2025.

Earlier this year, Polk County passed a moratorium of its own, prohibiting THC product sales, testing, manufacturing and distribution.

Manufacture and cultivation are under two different licenses, but the Polk County moratorium only addresses manufacturing.

Cultivation is defined in Minnesota's H.F. 100 as "any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts."

Polk County officials couldn't give a definitive answer on whether cultivation will be permitted under the moratorium. However, East Grand Forks' moratorium specifically prohibits it.

Chuck Whiting, department head at the county's administrative office, said a new ordinance addressing cannabis legalization should be issued sometime later this month.

"Everybody's trying to figure this out right now," Whiting said.