Cannabis legalization raises gun permit dilemma for Olmsted County Sheriff’s Office – Post Bulletin

ROCHESTER — Olmsted County Sheriff Kevin Torgerson said the

legalization of cannabis use in Minnesota

has created a conflict when it comes to approving gun permits.

“Now a sheriff has a choice: Do I violate federal law or state law?” he told county commissioners Tuesday.

He said state legislation passed earlier this year says a person’s cannabis-related history isn’t a factor when issuing a gun permit, but federal regulations bar issuance of permits to people with cannabis convictions on their records.

Torgerson, who has been critical of legalized cannabis, said his department will follow the more stringent federal guidelines when asked to approve a gun permit.

“At this point, my direction to our staff is that I’d rather violate the state law than the federal law,” he said. “If I’m going to get arrested, I’m going to get arrested by the attorney general.”

While Torgerson said he has adopted the policy in response to the

changing cannabis landscape,

county officials told commissioners Tuesday that there are a variety of decisions remaining to be made.

“There’s a lot for us to sort out, and we are not going to have all the answers right away,” Olmsted County Deputy Administrator Travis Gransee said.

He said a team of department leaders has been established to sort out the existing questions and develop a timeline for addressing the concerns.

The first effort is expected to clarify the

county’s stance on public marijuana use.

While the county’s smoke-free workplace ordinance bans public smoking of any plant product, Olmsted County Public Health Director Denise Daniels said the goal is to clarify that cannabis use in public is already restricted.

“We just want to make it clear to the public and avoid any confusion,” she said.

The proposed county ordinance regarding cannabis use is expected to be the subject of an Oct. 17 public hearing, before county commissioners are asked to adopt the policy.

County Board Chairman Gregg Wright said taking specific issues will be key to making the right decisions for the county.

“There’s a lot to digest here,” he said.

Commissioner Dave Senjem said the issues will face a variety of challenges because the seven commissioners will likely find some disagreement among themselves as local policies are considered during the time leading up to the anticipated 2025 start of legal sale of cannabis for recreational use.

“I look at the polling, and 64% of Minnesotans favor this happening, so how do we balance what might be some of my feelings … and what might be the public appetite for this substance?” he said. “That’s kind of the trick in trying to find the right middle ground. … It won’t be easy.”

Commissioner Laurel Podulke-Smith said she would support some regulations, but restrictions should not be too severe, since bans would likely fuel a black market.

Gransee said limits exist on what the county can do. He said the state legislation bars the county from prohibiting the possession and use of cannabis, as well as its transportation.

The county also cannot enact a cannabis tax or prohibit cannabis-related businesses from opening once the state establishes licensing guidelines.

County commissioners will be able to adopt limits related to when and where businesses can operate, as well as limit the number of licensed businesses in the county to no more than 1 per 12,500 residents.

“That will be another question that this board will be asked to answer at some point in time,” he said.

As questions and concerns arise, Gransee suggested the commissioners bring them to him for staff discussion before a recommended action is proposed. He said the approach will help focus the discussion and ensure the local actions mesh with state guidelines.

“If we start chasing everything in all different directions, we won’t be as effective as we could be if it just got funneled through one input back to the group that will be working through all these things,” he said.

The key policy decisions will still need to be approved by the elected officials, he told the commissioners.

“I think the board will have a lot of opportunities to interject,” he said.

Randy Petersen joined the Post Bulletin in 2014 and became the local government reporter in 2017. An Elkton native, he’s worked for a variety of Midwest papers as reporter, photographer and editor since graduating from Winona State University in 1996. Readers can reach Randy at 507-285-7709 or rpetersen@postbulletin.com.

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