Monticello takes the lead with proposed new ordinance

     In mid-2023, Jennifer Husmann, project coordinator with ASAC/Jones County Safe and Healthy Youth Coalition, approached the Monticello City Council about forming a committee to study adult products that were being marketed toward children.

   Husmann noted that candy-like items and energy drinks containing THC were exempt from controlled substance laws through the Farm Bill. As were items derived from hemp.

   "The goal was not to prohibit these otherwise-legal products, but to reduce the visibility of the product to minors," noted City Administrator Russ Farnum during the Nov. 4 city council meeting.

   A committee was formed and has been spending time pouring over the issue at hand. They also recommended an ordinance to the city council. The committee included Husmann, Farnum, Police Chief Britt Smith, and retailers who sell vaping products.

   "Monticello is the first city in the state to have proposed such regulations, and the attorneys weren't sure if the proposed ordinance was constitutional," Farnum said of what was drafted. "The committee has been waiting for legal input and review of the proposed regulations before bringing this forward."

   In the meantime, the state tightened its laws pertaining to this very issue, "completely prohibiting the sale of vaping products that are not registered with the FDA," Farnum explained. He noted that most vaping products are not registered.

   The City of Mount Vernon has also modeled its ordinance from what Monticello has proposed. Iowa City took a stronger approach and banned vaping products, kratom, and other similar products.

   The Monticello ordinance aims to "regulate where marijuana and/or related (hemp) products may be sold in Monticello." Key points in ordinance include:

   • Retailers must only sell such items from permanent storefronts, which are restricted to the C-1, C-3, and M-1 zoning districts. This also prohibits any sales from C-2 (downtown), roadside stands, temporary booths, or residential zoning districts.

   • Retailers are restricted to a minimum of 1,000 feet from schools, churches, daycares, parks, libraries, and museums.

   • Retailers are restricted to a minimum of 1,000 feet from each other.

   • Retailers are prohibited from serving alcohol if they sell these products, and retailers that serve alcohol are prohibited from retailing THC-related products.

   • Minors are prohibited from entering THC retail establishments.

   Before the council took action on the first of three-required readings of the ordinance, Farnum provided an update that removes a provision of the ordinance.

   "As the state continues to change things around related to how we can regulate, this code was written primarily to address businesses that may market primarily these products," he said. "There are now some products that are being found in more common-place liquor aisles at the grocery stores, for example."

   He said the sale of such products containing THC is legal in grocery stores. Due to that fact, Farnum asked that 126.06 within the new ordinance be removed. This provision regulated establishments that sold such products, restricting them from allowing anyone under the age of 21 to enter their premises.

   "Obviously we can't do that with grocery stores; we don't anticipate being able to do that in convenient stores or other locations, provided they're otherwise allowed to sell these products," Farnum said.

   The council approved the first reading.

   Farnum offered that Monticello is home to a CBD-based retailer within the downtown district "who is aware of this new ordinance proposal and is skeptical, but generally supportive of it. That store will be grandfathered in, and if they move, they will have to comply with the new ordinance."