Marshall Council holds off on hemp beverage ordinance

Proposal would allow limited brewing of infused beverages

MARSHALL -- The Marshall City Council finalized ordinances this week that ban the use of cannabis products in city parks and recreation facilities, and on public streets. At the same meeting, council members put the brakes on another proposed ordinance change, which would allow a local brewery to manufacture hemp-infused beverages.

The council was divided on whether to introduce an amendment to the city's current moratorium on manufacturing or distributing cannabis products. Some council members said the city should take the proposal to the Legislative and Ordinance Committee instead of introducing the amendment right away on Tuesday.

"It's not that I'm trying to stop business, but I think we should take the correct channels on how this is done, and take it through L&O," said council member James Lozinski.

Marshall Mayor Bob Byrnes said waiting to take the proposal to the committee wasn't required by the city charter, and would be "an unnecessary delay in allowing a business to conduct business."

Council members voted 4-2 in favor of bringing the hemp beverage proposal to the L&O Committee.

Lozinski said he thought the L&O Committee could be ready to make a recommendation by Jan. 9.

Discussion that Marshall amend its interim ordinance banning the manufacture of cannabis products grew out of a council member report from Byrnes earlier this month. Byrnes said he had been contacted by the owners of the Brau Brothers brewery, about a possible contract to do limited production of an infused product.

On Tuesday City Attorney Pam Whitmore presented a proposed amendment to the interim ordinance, that would allow manufacturing of lower-potency hemp beverages, as long as it didn't involve growing or processing the actual cannabis plants.

Under the proposed amendment, breweries would not be allowed to sell growlers of hemp beverages, or have on-site consumption of hemp beverages.

Whitmore said the council could act to approve the proposed amendment without taking it to the L&O Committee. However, council members Lozinski and Craig Schafer thought the city should follow is usual process for an ordinance change.

"I'm not sure what the urgency is, to not do it the way we normally do. It's not required, but I do think it's standard," Schafer said.

"I think by changing our practice, it's not good visuals for the city," Lozinski said.

The council voted 4-2 to bring the proposal to the L&O Committee instead of introducing it Tuesday. Byrnes and council member John Alcorn cast the votes against.

Local smoking/cannabis use ban approved

The other cannabis-related action council members took Tuesday was to approve one new city ordinance and amendments to two existing ordinances, to ban the use of cannabis products in public places in Marshall.

"This is mirroring the prohibition of use that was passed by the county through their ordinance, to make it less confusing for residents," Whitmore said.

The new ordinance bans smoking tobacco and cannabis, as well as the use of cannabis products, in Marshall parks and recreation facilities, with the exception of at events that have received a permit from the state Office of Cannabis Management. The city has also updated its existing ordinance on public intoxication to ban the use of cannabis products in public areas in Marshall. A third ordinance governing businesses like dance halls and public dancing places was also updated to make sure minors are not allowed where cannabis products are being sold.

Lozinski said the L&O committee had worked on the proposed ordinance changes together with Marshall law enforcement.

"It does not limit what private businesses can do on their patios, which was a concern of ours. But it does eliminate it out of public spaces, so we believe it is a very good ordinance," Lozinski said.