Des Moines Council Members Push For Marijuana Legalization

Des Moines IA

27 January, 2021

3:36 PM

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By Perry Beeman, the Iowa Capital Dispatch January 27 2021 Des Moines city officials are moving to draft a local ordinance decriminalizing marijuana in an effort to speed things up should state lawmakers give cities the right to regulate cannabis. The Des Moines City Council unanimously voted Monday to draft an ordinance that would make personal use of marijuana a municipal infraction. The idea is to quickly approve the city law should the Legislature pass a bill allowing such a city measure. At an online work session Wednesday morning, council members said they will push state lawmakers to legalize, or at least decriminalize, cannabis. They plan to urge their colleagues in other cities to do the same. Councilman Joe Gatto said council members had hoped to make cannabis violations akin to paying a speeding ticket. "We are unable to do that" because of state and federal laws, he said, repeating the statement for emphasis. At Monday's council meeting, Gatto said the idea of asking police to de-emphasize marijuana enforcement won't work either. "We can't ask police to enforce certain laws and to turn (their) back on other laws," he said. Council members in November discussed a task force's recommendations to push for statewide legalization of marijuana, and to make it police officers' lowest priority. Des Moines Police Chief Dana Wingert at the time said state lawmakers need to decide the issue, and police must enforce all state laws. Councilman Josh Mandelbaum said Wednesday the council's proposed ordinance would cover most task force recommendations, but he supports all of the ideas. Mandelbaum said if the state doesn't legalize marijuana this legislative session, he would entertain declaring marijuana offenses as the lowest priority of police. Councilwoman Connie Boesen said she has talked to the Iowa League of Cities and local elected officials to encourage them to support legislation legalizing or decriminalizing marijuana. Mandelbaum noted Boesen and council member Bill Gray also joined him in supporting a Democratic Party call for state legalization of marijuana. Senate File 83, introduced by Democratic Sen. Joe Bolkcom, would reduce penalties related to marijuana possession, especially involving small amounts. Republicans control both legislative chambers and the governor's office. Assistant City Manager Jen Schulte said Democrats are expected to introduce other bills to legalize marijuana and to regulate it like alcohol. Des Moines City Manager Scott Sanders told council members having state legislation legalizing marijuana would prevent the confusion that could come from varying local ordinances. "If it ends up being a Swiss cheese type of enforcement situation, that will just cause mass confusion in the public," Sanders said. "Hopefully whatever solutions we do end up with will avoid that huge pitfall that could exist." At the same time, cannabis conversations could heat up in Congress. Politico reported that the Democratic control of Congress and the presidency could make legalization more likely, but the slim majority in the Senate could stall efforts. The Hill noted that Majority Leader Chuck Schumer, D-New York, is the first Senate leader to publicly support legalizing marijuana, and key committee appointments make at least a debate likely. U.S. Sen. Chuck Grassley, R-Iowa, told reporters Wednesday that he continues to oppose legalizing marijuana for all uses nationally. Asked if Congress would consider the move amid growing local efforts to legalize or decriminalize cannabis, Grassley responded: "I hope not. On the other hand, I think the reality is that this is going on in several states. The country is moving in that direction." Grassley said he continues to see non-medicinal use of marijuana as a "gateway to hard drugs." The Iowa Capital Dispatch is a hard-hitting, independent news organization dedicated to connecting Iowans to their state government and its impact on their lives.