MARSHALL — The Marshall City Council, on a 6-1 vote, approved an emergency ordinance prohibiting the use of cannabis and cannabis products in public places at a special meeting Monday.

The special meeting was called to address concerns in the state’s recently-passed cannabis bill, signed into law by Gov. Tim Walz on May 30, legalizing the possession, use, transportation, and cultivation of cannabis and cannabis products in the state, effective today.

The bill signed by Walz does not address whether cannabis can be used or smoked in public places other than public places governed by the Minnesota Clean Indoor Air Act.

Part of the new city ordinance — Number 23-019 — reads: “… The city has recognized that, based on the most reliable and up-to-date scientific evidence, the rapid introduction of newly legalized adult-use cannabis products presents a significant potential threat to the pubic health, safety and welfare of the residents of Marshall, and particularly to youth.”

In a letter to Mayor Bob Byrnes from Director of Public Safety Jim Marshall dated July 28, Marshall expressed his support for the ordinance. “Because of the impact that public smoking of cannabis and hemp could have on our community, l am requesting that you consider having further discussions with council in advance of August 1, to ensure the health and social fabric of out community is not compromised. The public use of cannabis and hemp in our parks and public areas … may have adverse implications for our children.”

At the special meeting, Marshall expanded.

“This is a topic that all may have a different opinion about,” he said. “My view is based on 30 years in law enforcement,” which includes 10 years of drug-abuse prevention work with school-aged children, he said at the meeting.

In the ordinance, “public place” is defined as any indoor or outdoor area that is used or held out for use by the public whether owned or operated by public or private interests. According to Minnesota statutes, “Public place” does not include the following: a private residence, including the person’s curtilage or yard; private property not generally accessible by the public; and the premises of an establishment or events licensed to permit on-site consumption of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.

The ordinance took effect immediately upon council passage. Violations of the ordinance will be able to be prosecuted as soon as 24 hours after publication of the ordinance by the city clerk. A violation will be a petty misdemeanor offense, punishable by a fine of $200.

Voting in support of the ordinance were council members Craig Schafer, John Alcorn, Amanda Schroeder, Jim Lozinski, See Moua-Leske and Craig Schafer.

Council member Steve Meister cast the dissenting “no”vote, saying that he’s against over-regulation for many things often ignored by the general public anyway.

“You aren’t supposed to smoke at the hospital, but there’s a place (to dispose of) cigarettes outside the door,” he said.

The emergency meeting was needed ahead of today’s state implementation of the law, and because at the last council meeting, questions were brought up and a motion was sent back to the Legislative and Ordinance Committee for discussion and clarification about a cannabis ordinance. The length of time for that committee to meet and make recommendations for council passage would have taken too long.

Council members generally agreed that the emergency ordinance is needed, but indicated the Legislative and Ordinance Committee will be busy in the future as it tackles more nuanced questions surrounding the new state law and how if affects Marshall and its residents.