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The Freeborn County Board of Commissioners is considering passage of an ordinance that would regulate cannabis use in public places in the county.

The public will get the chance to weigh-in on the proposed changes during a hearing Nov. 7.

The proposed 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.

“The county recognizes the risks that unintended access and use of cannabis products and exposure to cannabis and its effects present to the health, welfare and safety of members of the public and in particular the youth of the county,” it states.

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.

Freeborn County Attorney David Walker at the board’s workshop last week said the ordinance would make it a misdemeanor to smoke or vape cannabis in public places and a petty misdemeanor to use cannabis in other forms in public places.

The ordinance identifies a public place as a public park, trail, street or sidewalk, as well as public waters and public boat launches. It also includes places used by the general public, including 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.

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

Freeborn County Sheriff Ryan Shea during the workshop stated the Sheriff’s Office asked Walker to look at something that would give deputies more teeth for enforcement.

He said using marijuana by smoking affects other people around the individual and if deputies just gave someone a petty misdemeanor, they would likely continue smoking as it is not an arrestable offense.

First District Commissioner Brad Edwin said in the workshop that the focus of the cannabis committee was on the effects of secondhand smoke.

If approved, the ordinance would go into effect within the boundaries of the county. The city of Albert Lea in August approved a similar ordinance that is in place for within city limits, but the county ordinance would apply to all other areas.

If a municipality decides to pass its own ordinance, it would be responsible for its own enforcement.

Copies of the proposed ordinance may be viewed at the Freeborn County Administration Department or on the county’s website.