Benton County discusses ordinance to regulate use of recreational marijuana in public places

Benton County cannabis ordinance

Benton County cannabis ordinance

Foley, Minnesota, east of St. Cloud, is the government center for Benton County — where residents like Sue Strand are talking about a proposed county ordinance on recreational marijuana.  

“I think that discretion should be used,” she says. “I still have friends that smoke pot, I believe it’s a choice. But I don’t know if we want to expose our youth to it, especially the little ones.”

The Benton County ordinance is designed to regulate the use of cannabis smoking, and consumption of cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products in a public place.

The ban would include any location where the smoke, aerosol or vapor would be inhaled by a minor or a location where smoking is prohibited.

Banned areas include public parks, zoos, public swimming pools, athletic fields, trails, pathways and county fairgrounds. Theaters, restaurants, bars, retail businesses, gyms, common areas in buildings and public shopping areas are also included.

“I think it’s a good idea. It doesn’t belong there,” declares Tammy DeMarais, the owner of Mr. Jim’s Food and Liquor.

Her family has run the establishment for nearly 60 years.

DeMarais says she remembers when tobacco smoking inside Minnesota restaurants was banned in 2007.

We asked if she thought the cannabis ban would hurt her business.

“No, if smoking didn’t hurt the business, smoking cigarettes when they banned that — that never hurt the bar business,” DeMarais explains. “I guess I thought the rules would be there. I didn’t know that they weren’t.”  

The ban would apply to all municipalities in Benton County, unless they put rules of their own into effect.

Under the ordinance, cannabis use would be allowed at private residences and yards, along with private property not generally accessible to the public.

There would also be an exception for an establishment or event licensed to permit on site consumption.

Some residents say a blanket ban isn’t necessary, but they do have concerns.

“If they want to grow their plants and they want to use it at home, it’s their business,” says Lou DeMarais, a longtime resident. “I don’t want it in bars, I don’t want it in restaurants. I don’t want it in public parks — areas where kids could be around it.”

Other Minnesota communities are also making plans in anticipation of the Aug. 1 legalization date for recreational marijuana.  

The Rochester City Council voted Monday to prohibit the operation of any new cannabis businesses until 2025.

Legalization advocates say they’re not surprised about all the new ordinances being considered, but say because renters can’t smoke cannabis inside their homes, they would be against any blanket outdoor ban.

So far, that has not been proposed.

Meanwhile, the Benton County Board is expected to vote on restrictions on Aug. 15.

“Knowing the people I do know that smoke, I don’t even know if they would choose to light up in a public place,” Strand says. “I think you’re going to have a few people that are going to want to push the envelope, and say ‘Okay, I’m going to do this.’ But I think most people will not choose to smoke openly.”