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The Albert Lea City Council on Monday approved the first reading of an ordinance that would expand no smoking in public places to include cannabis, aligning it with what is already in place for tobacco.

City Manager Ian Rigg said during the 2023 legislative session, a new law was passed that legalized adult-use of cannabis in Minnesota starting Aug. 1. 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. He said while the law does not specifically authorize the use of cannabis in public places, it does not create any penalty for use in a public place other than those governed by the Indoor Air Act. If a city wanted an enforcement mechanism to prevent its use in public spaces, it would have to pass an ordinance stating such.

The proposed change adds “any cannabis flower, or cannabis product that can be inhaled through the means of smoking or an electronic device.”

Fourth Ward Councilor Sherri Rasmussen said it made sense to approve the ordinance limiting use through smoking or vaping in public areas where cigarette smoking was already not allowed.

She said she received several emails about the issue from people who said they wanted the council to amend its ordinance.                 

“I think it is a wise move on the part of the council,” she said.

The ordinance would include city parks, restaurants, bars, food or liquor establishments, retail stores and other commercial establishments, educational facilities or public schools, hospitals, nursing homes, common areas of rental apartment buildings, city parks and other places owned by the city, such as City Arena and City Hall.

Rigg said with many questions up in the air and some exceptions allowed through the state for “hemp events,” the ordinance states the use will be prohibited in public places unless otherwise permitted.

The ordinance states use is prohibited within 25 feet of entrances, exits, open windows and ventilation intakes of public spaces.

Second Ward Councilor Larry Baker asked if people were having an event, such as Wind Down Wednesday, if organizers would be able to also limit cannabis use in the event area.

Rigg said if tobacco is able to be prohibited at an event, marijuana will also be able to be prohibited, when it comes to second-hand smoke.

City Attorney Joel Holstad said there are many things unclear about the legislation passed and noted that the Legislature went out of its way to keep cities out of the discussion.

Essentially, the way it is understood at this time is that the cities can modify their tobacco ordinances because what can be done to tobacco can also be done to marijuana.

Regarding intoxication behind the wheel, officers will use what Rigg described as “old-fashioned sobriety tests” because traditional ways to test intoxication will not work with marijuana.

Rigg said city staff worked on the issue a great deal and had many lively discussions about how to proceed.

“The answer is cautiously,” he said.