(KNSI) – Benton County is going to wait before making a decision on banning the use of recreational marijuana in public.
The board of commissioners tabled a proposed ordinance to prohibit the use of marijuana in parks, or anywhere else people can gather. The ban basically covers everything besides private property. Benton County Administrator Montgomery Headley talked with KNSI News after the meeting and explained there are questions over whose rules would govern. “The legal basis and enforceability of the ordinance, particularly within cities if they have their own ordinances. Which one prevails? If so, how? So, I think those are the questions that need to be answered.”
He says the county doesn’t want to impose something on cities if they don’t want it. “Our board wants to understand clearly what our cities intend to do, give them some additional time. It’s also useful to understand what our neighboring counties are going to do. That’s often instructive as to what our neighbors might do as well.”
Officials initially thought a county-wide ordinance would apply unless a city or township chose to adopt its own ordinance, which could be either more permissive or more stringent. But the county’s attorney, Karl Schmidt, says that’s not quite the current understanding of the law. Headly says a pause will ensure that whatever the county board adopts doesn’t conflict with any action a city may take or can be challenged in court.
The board is asking for additional research and more information to be brought forth at a work session set for September 6th. The board plans to hold a public hearing on the proposed ban during the board meeting on October 3rd.
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