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Lyon County bans cannabis use in public places

Lyon County Commissioner Rick Anderson and County Administrator Loren Stomberg listened to County Attorney Abby Wikelius explain a cannabis ordinance brought before commissioners on Tuesday. The ordinance prohibits cannabis use in places like parks, stores and restaurants.

MARSHALL — Using cannabis in public will be officially prohibited in Lyon County, after action by county commissioners on Tuesday. In a unanimous vote, commissioners passed a county ordinance regulating where marijuana and edibles can be used. Lyon County Attorney Abby Wikelius said the county ordinance was similar to ones passed by the cities of Marshall and Tracy earlier this summer.

Lyon County Administrator Loren Stomberg said the county ordinance would take effect as soon as it could be officially published. “We’ll get it out this week,” Stomberg said.

County commissioners held a public hearing on the proposed ordinance on Tuesday morning, but there were no questions or comments from members of the public. On the other hand, commissioners did have questions about how the county ordinance would work together with state law and municipal oridnances..

Wikelius said the county ordinance would not prevent cities in Lyon County from passing stricter rules for cannabis use if they chose.

The text of the county ordinance prohibits the use of cannabis or lower-potency hemp products in public places in Lyon County. The list of places considered public or open to the public includes parks, streets and sidewalks, but also places like common areas in buildings, stores, restaurants, bars, theaters and gyms. Using cannabis products in a place where a minor could inhale the smoke or vapor is also prohibited.

Under the ordinance, it is allowed to use cannabis products in a private residence or yard, on private property not accessible to the public, or at an establishment or event licensed to allow cannabis use.

Violating the county ordinance would be a petty misdemeanor, punishable by a fine of up to $300. The ordinance also said it won’t keep the U.S., the state of Minnesota or the county from investigating or prosecuting other criminal activities.

The list of public-use cannabis restrictions in the county ordinance is the same as restrictions already passed by the cities of Tracy and Marshall. When Minnesota legalized adult cannabis use earlier this year, both cities took steps to regulate where cannabis products and hemp-based edibles could be used.

In addition to banning cannabis use in public places, Marshall also put a temporary halt to commercial sale or distribution of cannabis products. The exception was the Marshall municipal liquor store, which is allowed to sell lower-potency hemp edibles and drinks.

Marshall and Tracy are not the only communities in Lyon County that are considering setting municipal ordinances on cannabis use. The city of Cottonwood set a public hearing Tuesday night to discuss the prohibition of cannabis use in public places.

Wikelius said that, in order for the Lyon County cannabis ordinance to take effect, it would need to be published in its entirety. Also, the ordinance would need to be recorded with the county auditor’s office within 20 days of its publication.

Commissioners held a roll-call vote on the cannabis ordinance. All five commissioners voted to adopt the ordinance, effective upon publication.

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