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The Freeborn County Board of Commissioners on Tuesday voted 4-1 to approve an ordinance that regulates cannabis use in public places in the county.

With the vote, it is a misdemeanor to smoke or vape cannabis in public places and a petty misdemeanor to use cannabis in other forms in public places.

Public places include public parks, trails, streets and sidewalks, as well as public waters and public boat launches. Places used by the general public are also included, such as theaters, restaurants, bars, food establishments, liquor stores, retail businesses, gyms, common areas in buildings, public meeting places, educational facilities, hospitals, nursing homes, public shopping areas, arenas, auditoriums and any place owned by the county.

The ordinance does not include private residences, including yards, private properties or at establishments or events licensed to permit on-site consumption.

The Minnesota Legislature in the last session made it legal starting Aug. 1 for adults to use, possess and grow cannabis under a series of guidelines; however, the law was silent on whether cannabis can be smoked in public places other than public places governed by the Minnesota Clean Indoor Air Act. The legislation authorized cities and counties to enact local ordinances to set up measures regarding cannabis use in public places.

The ordinance states the purpose is to protect public health and safety by regulating the use of cannabis and cannabis-derived products in public places and places of public accommodation within the county.

Commissioner Chris Shoff was the sole opponent and said he thought the ordinance was a little premature and that entities across the state are still trying to figure out the effects of the state law.

He said he had originally brought up looking at how the new state law could affect the various departments or offices in the county but that morphed into what was discussed and approved at the meeting.

Commissioner Brad Edwin said the county was at a place to pass the ordinance because of how things were handled at the state level. But he noted that the main purpose of the ordinance was to ensure secondhand smoke isn’t affecting others in public places and it particularly protects children from those effects.

Edwin said it’s true the county and others across the state will find out more about the issue as the law is in place longer, and that the county can always adapt its ordinance if needed. He also said he didn’t think it would be abused by the Sheriff’s Office.

Commissioner Nicole Eckstrom said the county has had multiple meetings on the issue over several months and said the ordinance wasn’t something just decided on a whim.

She said by passing an ordinance like this, it shows that the board wants the county to be healthy without interfering with people’s private use.

She also pointed out that the emphasis was on secondhand smoke.

Only one person spoke at the public hearing before the board voted.

Gary Westcott of Emmons said he thought the law would be difficult to enforce and said he did not think it was in the spirit of the state law.

He encouraged the board to start with a petty misdemeanor instead of a misdemeanor and said that if problems arose, then the issue could be revisited.

He also questioned the inclusion of public waters in the ordinance, noting that boaters are able to drink alcohol currently and they should also be able to partake in legal cannabis.

With counties and cities across the state being able to pass different laws, he said it makes it difficult for people to know where they can and can’t use legal cannabis.

County Attorney David Walker said he thinks it was intended by the Legislature to allow for local control.

He said once the ordinance was approved by the board, it will be applicable to all cities and townships in the county, unless a city has an ordinance that is contrary. If a city adopts its own ordinance, then it is responsible for its enforcement, whereas the county is responsible for enforcement of county ordinances and state statutes.

In addition to the ordinance itself, the board voted 4-1, with Shoff the dissenting vote, to print the ordinance in summary in the county’s official legal newspaper, which is the Albert Lea Tribune.