Marijuana ordinance fails to receive council support

Mar. 22—CHEYENNE — An ordinance aimed at decriminalizing marijuana within city limits failed to receive a positive recommendation Wednesday night from the Cheyenne City Council's Committee of the Whole.

Council members Richard Johnson and Scott Roybal co-sponsored the ordinance, which would repeal and re-create code provisions specific to prohibiting marijuana in the municipality. Johnson clarified the ordinance wasn't meant to address legalization, medical recreation taxes or the licensing of dispensaries, which he said are issues that need to be discussed by state legislators.

"This conversation was about the municipal decriminalization of marijuana in the city limits," he announced at the meeting. "Both state and federal laws apply within the city limits. Someone can be criminally prosecuted as a result, but through either the U.S. Attorney's Office or the (Laramie County) District Attorney's Office. They just won't end up in Cheyenne Municipal Court."

Johnson's presentation was followed by nearly an hour of public comment, largely in support of taking the steps necessary to decriminalize marijuana in Cheyenne. Residents made arguments spanning the benefits of cannabis in medicinal and recreational instances, as well as the negative impact of fines or jail time on users when the drug is legal only 45 minutes away in Colorado.

Despite the significant turnout by supporters, there were still those who questioned what passing the ordinance would do. Opponents shared their personal experiences with negative mental health impacts due to cannabis use, whether that be lack of motivation or violent outbursts.

State Rep. Ben Hornok, R-Cheyenne, argued that decriminalizing marijuana within city limits could also be unconstitutional.

"You're creating a special class of citizens here within the city of Cheyenne that are allowed to do something outside of the state and outside of the law of the U.S.," he said.

Former leaders in the Wyoming Legislature showed up to have their voice heard in support of the ordinance.

"One of the things that I have found that affects municipalities in the state directly is the financial impact, and that is when you take an officer and you put them in a situation where they have to adjudicate this ordinance," former House Minority Whip James Byrd, D-Cheyenne, testified. "It takes them off the street for anywhere between three to four hours. We're already down in our patrol and our policing, which has a fiscal impact on this community."

Although this argument was made by many, Cheyenne Police Chief Mark Francisco said it wouldn't relieve them of their responsibility to enforce the law. They would operate in the same manner.

The department dealt with 312 marijuana possession cases in 2022, and 250 of those were heard in Cheyenne Municipal Court, Francisco said. He said he didn't know the resolution of those cases, but the majority are dealt with at the city level. Any arrests made for possession of marijuana were along with other charges, and he said 62 people went to jail for more serious crimes.

According to City Attorney Stefanie Boster, if the new ordinance were passed, officers would simply not send those marijuana possession tickets to Cheyenne Municipal Court. She explained that the proposed changes prevent the city prosecutor from prosecuting marijuana-based offenses, and those offenses would end up in district, circuit or federal court, depending on drug quantities.

But she didn't call it decriminalization. She said it's a legal ordinance under state statute and doesn't violate the Wyoming Constitution, because it doesn't decriminalize marijuana in the city of Cheyenne.

In the end, it came down to the Cheyenne City Council to decide whether to give their recommendation on second reading. Council President Richard Johnson was not able to give his vote in the Committee of the Whole, and there were seven other council members prepared to vote.

Only council members Ken Esquibel and Roybal cast their vote in support, while five voted against. This means it didn't receive a recommendation to approve the ordinance on second reading, but there is still a chance it could move forward on the Cheyenne City Council's agenda Monday night.

Johnson can receive a motion to approve without a recommendation from the committee of the whole, and it would require a second. That would open it up for discussion and another vote. However, if the vote has the same result, then it would die at that point in the local governing process.

"If the trends I see across the country continue, someday marijuana will be legal in the state of Wyoming. But it's not tonight. And that is really the key here," said council member Pete Laybourn. "Are we making a statement? Are we encouraging discussion, great discussion? No doubt about it across the board, but we don't pass ordinances to send a message.

"We create laws for our officers to enforce. And in this case, all we're doing here is going to confuse a heck of a lot of people."

Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.