Becker County schedules public hearing for proposed cannabis-use ordinance on Aug. 15

Detroit Lakes, Minn. (KDLM) – The Becker County Board of Commissioners will hold a public hearing on the county’s new cannabis public-use ordinance during their next meeting on Aug. 15.

Possession of up to certain amounts of cannabis and cannabis products became legal in Minnesota on Aug. 1 with many local jurisdictions trying to pass public-use restrictions before Tuesday.

And while the Becker County Board expects to hold a public hearing, debate and possible approval vote in two weeks on the new ordinance, there will not be any public-use restrictions placed on cannabis products in greater Becker County until that vote takes place.

The city of Detroit Lakes approved both the first and second readings of their public-use restrictions during two meetings in July.

During those July meetings, Detroit Lakes City Attorney Charlie Ramstad said their ordinance was taken right out of the new cannabis law passed by the Minnesota Legislature and prohibits the use of cannabis, or cannabis products, in public. The Detroit Lakes ordinance states cannabis-use is prohibited in public with all areas within the city limits categorized as public except for: private residences including the yard; private property not generally accessible to the public; and on the premises of an establishment or licensed-event that permits consumption.

Instead of following the city’s lead, Becker County Attorney Brian McDonald introduced a draft public-use ordinance to the commissioners on Tuesday that was created by the Minnesota Sheriff’s Association and Minnesota County Attorney’s Association.

Becker County draft cannabis-use ordinance, Aug. 1, 2023 by Michael Achterling on Scribd

“It’s a little more comprehensive,” said McDonald, during the Aug. 1 meeting. “It covers the specific item of smoking, and I tend to favor the (Minnesota Sheriff’s Association and Minnesota County Attorney’s Association public-use ordinance). The first (public-use ordinance) was pretty vanilla and tailored after the city version“

The proposed public-use ordinance for the county includes a myriad of additional definitions and phrases intended to more clearly define public places and different cannabis products; however, it also includes food and beverage establishments listed as both public places and an exception to public places where consumption could be allowed.

The new ordinance also includes two prohibitive acts for cannabis use, one of which states, quote: “No person shall vaporize or smoke cannabis flower, cannabis products … in any location where the smoke, aerosol, or vapor would be inhaled by a minor.”

David Meyer, commissioner for District 2, asked McDonald whether a Becker County bar or restaurant would have to allow cannabis-use on their outside patio areas that may already allow smoking.

“You have to keep in mind that if it could be inhaled by a minor … that would probably be not allowed,” he said.

Any violation of the proposed county public-use ordinance will be considered a petty misdemeanor that carries a $300 fine.

Commissioners will be allowed to make changes to the draft ordinance following comments made during the public hearing scheduled for 10 a.m. on Aug. 15.