BERLIN – Officials talked about the need for an ordinance addressing on-site cannabis consumption this week.
On Monday, the Berlin Town Council reviewed a draft ordinance addressing on-site cannabis consumption. While elected officials want to keep up with the recent changes in state legislation regarding cannabis, they agreed to do further research before introducing an ordinance.
“I think we have a little bit of time to evaluate this,” Mayor Zack Tyndall said.
Town attorney David Gaskill this week presented the council with a draft of an ordinance that would address on-site consumption now that recreational marijuana is legal. Gaskill said the ordinance he’d drafted was based on the one the Town of Ocean City just passed.
“I felt there was no point in recreating the wheel…,” he said. “This is what has already been passed in OC. There is a license, an onsite consumption license, which has been established by the state which would authorize the holder of a license to operate a facility on the premises of which individuals can smoke outdoors, vape or consume cannabis. That law gave municipalities and local governments the opportunity to prohibit the operation of those, or the issuance of those licenses within municipal limits.”
Councilman Steve Green said he’d wanted officials to discuss a cannabis ordinance in the wake of the state law change. He said in theory, restaurants could allow customers to smoke marijuana at their designated smoking areas per a new license.
“Ocean City did not want joints to be smoked in those designated areas at these high-volume restaurant/bars,” Green said. “I thought it was germane for Berlin to look at it. I think a clear argument could be made that it’s probably unnecessary. It could potentially be an overreach on our part but that is where I was coming from.”
Tyndall agreed it was prudent to consider the issue. Councilman Jack Orris said he wasn’t sure why it was necessary because as he read the law, smoking was already prohibited in public places.
“I’m confused as well,” Gaskill said.
Orris asked if the intent of the draft was to prohibit marijuana smoking indoors or to keep people from smoking it outside because of the smell.
Green said he was envisioning attendees at the Fiddlers Convention, for example, walking into town and smelling weed being smoked outside at private smoking areas set up by the restaurants and bars.
“I’m worried about the perception,” he said.
Green added that the draft ordinance went further than he’d expected, as it prohibited the establishment of on-site consumption businesses.
“If a business were to open and want to be a weed bar, I wasn’t looking to address that part, but I think that’s something we should be aware of that that could be a reality at some point,” Green said.
Tyndall suggested delaying introduction of an ordinance until officials had time to also explore the possibility of a moratorium.
“Why don’t we put a pause on it,” he said.
Orris said he’d also like Gaskill to get some clarification from state officials regarding the law and what was permitted. Tyndall asked department heads if they’d had inquiries from any individuals interested in pursuing marijuana related businesses. They said they had not.
“I don’t think there’s harm in waiting two weeks,” Tyndall said, adding that officials could explore what other jurisdictions in Maryland had done to address the new law.
When asked about the need for an ordinance, Chief Arnold Downing said that if Berlin was the only local town not to pass some legislation it would draw smokers.
“Everybody will be here,” he said.
