Sean C. Morgan
The City Council will vote at its next meeting, April 14, whether to put a pair of ordinances, including a ban on the sale, possession and use of marijuana proposed by Councilor Jeff Goodwin, on the agenda for the April 28 meeting.
Goodwin proposed the ordinances at the council’s regular meeting on March 24.
The first ordinance would ban the possession of any marijuana or marijuana product in Sweet Home. Violating the code would be treated as a violation and carry a fine.
The second ordinance would create a violation of the city’s zoning ordinance when a property is used routinely for illegal purposes.
Goodwin said that would include marijuana if it were deemed illegal.
City Manager Craig Martin said that councilors may introduce legislation under the city’s charter, but the charter isn’t clear on how to proceed.
Goodwin told the council it could consider the ordinance immediately if no one objected or vote immediately whether to put it on April 14 agenda; but, in accordance with Robert’s Rules of Order, Mayor Jim Gourley said the council would need to vote on whether to add the proposal to the April 28 meeting during its next meeting, April 14. The council also would decide in April when to schedule a community forum on marijuana.
Following the discussion about Goodwin’s proposal, Councilor Dave Trask reported the recommendation of the Public Safety Committee to hold a public forum about marijuana. The committee had considered a previous ordinance proposal from Goodwin on March 10.
Goodwin, an attorney, and City Attorney Robert Snyder talked to the committee about whether a ban on marijuana sales, possession and use would be legal after the passage of Measure 91 in November. The measure, approved by voters statewide, 56 percent to 44 percent, ends the prohibition on recreational use of marijuana, although marijuana remains outlawed at the federal level.
The measure legalizes marijuana under state law on July 1, allowing adults 21 years old or older to possess up to an ounce and smoke marijuana.
Both agreed that an attempt to ban marijuana would likely end up in court, where a judge could rule either way. Based on a recent case in Cave Junction, they disagreed what the likely decision might be.
But it would cost the city to defend a law prohibiting marijuana, and the committee and Goodwin both thought it would be worth hearing from Sweet Home residents, since it would be their tax dollars defending the law.
“We had a pretty lively discussion about the marijuana thing,” Trask told the council. The committee reached a consensus to hold a public forum about marijuana.
Since then, Goodwin and Trask attended a League of Oregon Cities meeting in Salem, Trask said, and “things came to light about what we can do.”
The council will explore some of them, Trask said, but he would urge people not to jump to conclusions too quickly.
Committee members also thought they would like to put the issue in front of Sweet Home voters and let the chips fall where they may, Trask said. It’s their job, not his, to decide what people can smoke.
He noted that no one knows what the legislature is going to end up doing with marijuana this legislative session.
“There will be no, according to our guys, there will be no candy marijuana,” Trask said. Right now is the time to be a little patient.
Goodwin said the council can regulate the time and manner of sales and use.
“Don’t think this is what the council will do,” Goodwin said to a crowd of about 20 gathered at the council meeting. “We want to hear from you.”
Most of the audience was at the meeting, said Theresa Brown, in response to posts, ordinance proposals and discussions they saw on Facebook. They wanted to see a copy of the ordinance, have time to review it and find out the next steps so they could comment.
Terry Shank told the council to “go back to the 1920s and see what happened when Prohibition stopped.”
Based on the information presented at the meeting, he said, “you’re stepping into constitutional areas. You can’t do that.”
“We swore to uphold the Constitution,” Trask said. “By simply having a dispensary in the city limits, we are breaking a federal law.”
The issue is a can of worms, he said, and federal law trumps local law.
“It’s all up in the air what’s going on,” Gourley said.
“Marijuana is around,” said Mary Boyd after thanking the council for the opportunity to participate in the democratic process. “It’s been around for years, for generations.”
Regarding the second ordinance, Goodwin said the city does not have a provision in its zoning ordinance prohibiting illegal activities.
One example might be a brothel, he said. There would be no way for the city to stop it. The ordinance would prohibit the use of property in Sweet Home for illegal purposes.
If he wanted to have dog fights, under city ordinance, “we’re going to.”
“It could have an effect on a marijuana business going forward if they’re held to be illegal businesses,” Goodwin said. Marijuana is illegal under federal law, but the city can’t knock out a business by changing zoning ordinances. It’s also still being explored whether medical marijuana will be illegal.
“There’s a lot of things in city code I’d like to change,” said Goodwin, who took office in January. Right now, parakeets aren’t allowed under city ordinance. Some things require permits, but the city doesn’t really need to.
Goodwin said he has felt, at times, as though the council has been sitting back and isn’t active.
“I’d like to see a more active voice of the voters at City Council,” Goodwin said. He believes that’s what the last election was about.
The council meets next at 7:30 p.m. on April 14 in the Council Chamber inside the City Hall Annex, 1140 12th Ave. For more information, call the city manager’s office at (541) 367-8969.