DULUTH — Come Tuesday, Aug. 1, the recreational use of marijuana will be legal in Minnesota, and local officials are scrambling to put rules in place as to where the drug can and cannot be smoked.
But at least one city councilor said she’s concerned her colleagues may be moving too swiftly in their effort to ban the smoking or vaping of cannabinoid products in public parks. A proposed ordinance could go to a vote of the Duluth City Council when it next meets Aug. 14.
Azrin Awal, city councilor at large, expressed her fears the proposed restrictions would leave many renters in the lurch, with no clearly safe local spaces in which to exercise their newly recognized right to light up a joint, as many landlords are unlikely to allow marijuana use on their premises.
Noah Hobbs, also an at large councilor, noted that Duluth’s efforts to ensure local parks remain pot-free are consistent with restrictions put in place by other jurisdictions that have gone before Minnesota in legalizing recreational marijuana use. He pointed to similar restrictions to be found in Maryland, Oregon, California and Nevada. Hobbs said the ban on marijuana in the parks also mirrors current park policy regarding alcohol consumption.
Where is the space for residents to safely consume if they are on the margins, if they don’t have private homeownership, if they are renters, if they are living in public housing?
Azrin Awal, city councilor at large
He suggested it was only reasonable to ensure park users, especially children, will not be exposed to secondhand smoke of any kind.
Awal acknowledged the good intent of fellow councilors proposing the new rules yet continued to share her reservations.
“So, yes, I’m all for making sure our public parks stay safe. But we also need to have this discussion on where is the space for residents to safely consume if they are on the margins, if they don’t have private homeownership, if they are renters, if they are living in public housing?” she said.
Awal suggested it was not fair nor safe to relegate certain groups of people to smoking marijuana on public sidewalks and alleyways.
But 2nd District Councilor Mike Mayou referred to the proposed smoking restrictions in public parks as “relatively narrow” in scope, while also clarifying he would not support any more expansive future efforts to disallow the use of marijuana on public streets and sidewalks.
The proposed marijuana rules are meant to mirror the city’s existing regulations governing the use of tobacco and vaping products, explained at large Councilor Arik Forsman, one of the
three authors of the original proposed ordinance change
. He said there had been some initial confusion that the ban on tobacco use extended to public streets, walkways and parking structures. It does not.
It is not a prohibition. It is limiting use to the current places where we regulate tobacco.
Arik Forsman, city councilor at large
The recent discussion about how to regulate marijuana use has exposed widespread confusion regarding the city’s current tobacco restrictions, which do not apply to all city parks. The current ordinance bans smoking on the Lakewalk, at Gichi Ode’ Akiing and in Leif Erickson Park.
Hobbs and 4th District Councilor Hannah Alstead proposed Monday to amend the ordinance so as to place a blanket ban on smoking in public parks across the city.
“It eliminates some of the classism of neighborhood parks,” he said. “It just makes it uniform. So, people know we don’t smoke in these places.”
While Forsman initially had sought to avoid complicating matters by revisiting rules governing tobacco use, he now supports the proposed change, saying the idea of smoke-free parks citywide “absolutely resonates with me.” In fact, Forsman said he was startled to learn the smoking ban applied to some parks and not others.
Another proposed ordinance amendment would leave the door open to limited marijuana use at events that obtain a special license, much as event producers already must be licensed in order to lawfully serve alcohol.
Forsman noted that Duluth’s proposed ordinance is less restrictive than some of those being considered in other Minnesota communities, including Alexandria, where he said they’ve proposed disallowing the consumption of marijuana “in any and all public places.”
“So, I feel this is a pretty rational, common-sense proposal,” he said. “It is not a prohibition. It is limiting use to the current places where we regulate tobacco.”
Awal warned the council against rushing ahead without consulting its constituents from all walks of life.
“I just want us to be careful, because I’m concerned about what the enforcement is going to do to our black and brown communities and our communities on the margins,” she said, also suggesting the $300 fine that could accompany a petty misdemeanor charge for smoking in a public park may be too steep.
Awal suggested the city explore the idea of creating some designated outdoor areas — away from other incompatible activities — where smoking and vaping of all sorts could be allowed.
Peter Passi covers city government for the Duluth News Tribune. He joined the paper in April 2000, initially as a business reporter but has worked a number of beats through the years.
