20 July 2023
DULUTH When a new law takes effect Aug. 1, it will become legal to possess and use marijuana for recreational purposes in Minnesota. But you might want to think twice before taking a toke on the Lakewalk or in a local park.
The city could become one of the first in the state to pass tighter regulations, banning the smoking of pot in a number of public places including in the vicinity of parks, playgrounds, medical facilities, bus shelters and recreational trails.
Arik Forsman, city councilor at large, is the lead author of a proposed ordinance that essentially would impose the same restrictions on marijuana use that Duluth already has adopted for the smoking of tobacco or vaping.
Forsman said the Aug. 1 legalization date has crept up quickly and referred to it as a potential legal “blind spot,” without local regulations in place.
“On Thursday, we found out that, minus a city ordinance, you could theoretically start smoking marijuana anywhere you want on public property within two weeks. That was a real eye-opener,” he said. “So, we put together something we think is very common-sense and straightforward. And I think Duluth is going to be far from the only city to do this when people realize this is a thing.”
I think we definitely have to preserve Duluth’s image as a wholesome, lovely, outdoor city to visit. And though people have personal rights and we have to respect those now that the state has chosen to pass a law making recreational marijuana use legal, we also have the ability to limit where that happens.
Alex Hassel, lobbyist for the League of Minnesota Cities, said Duluth is “on the leading line of cities that are starting to discuss this,” noting that Alexandria and Detroit Lakes also have ordinances in the works.
“I think in the next couple of weeks, we’ll see a significant number of other cities follow suit,” she said. “It certainly feels like it’s coming fast, and I think a lot of cities are trying to figure out what to expect on Aug.1.”
Hassel said cities definitely have the authority to restrict smoking under the Clean Air Act.
Councilors Therese Tomanek and Roz Randorf are co-authors of the proposed ordinance which will receive a first reading Monday, enabling it to go to a vote Aug. 14.
The timeline will leave Duluth without any local regulation for much of August, and faced with that prospect, Forsman said he and fellow councilors considered trying to pass an emergency ordinance to accelerate the timeline.
“We’re not trying to make this seem more sensational than it is,” he said. “We just want to set the expectation early that yes, we’re going to regulate this. No, you’re not going to be able to smoke marijuana in parks and playgrounds.”
Tomanek agreed the council has a role to play.
“Though we have strict restrictions on where people can smoke cigarettes in our city, the law that was passed by the state government doesn’t follow those restrictions, and the city needs to do something to make sure that our residents and our tourists are safe,” she said.
“We know our city. We know how important our parks are and keeping them available to families, especially for children. We know we have to do something to protect people in all of our outdoor areas,” she said.
If not for local regulation, Forsman said local parents could be placed in a tough spot should they encounter marijuana use.
“Parents shouldn’t have to worry about that when they take their kids out to play,” he said. “They’ve got enough on their hands without having to potentially face those kinds of confrontations, where someone is doing something that is their legal right unless we say it isn’t.”
Duluth has much at stake as a tourist destination, as well, according to Tomanek.
“I think we definitely have to preserve Duluth’s image as a wholesome, lovely, outdoor city to visit,” she said. “And though people have personal rights and we have to respect those now that the state has chosen to pass a law making recreational marijuana use legal, we also have the ability to limit where that happens.”
If the proposed ordinance passes, violators could be cited for a petty misdemeanor and could face fines up to $300. But Forsman expects the ordinance will serve mainly as a social deterrent rather than leaning heavily on enforcement.
City Attorney Rebecca St. George said the city handles occasional citations for violations of the city smoking ordinance, but usually only in tandem with other charges.
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