Council repeals Delta 8 ordinance

Delta 8 THC (tetrahydrocannabinol) is once again legal to sell in the city limits following a reversal by the Rhinelander City Council.

On Oct. 25 the council approved a new ordinance aimed at regulating the increasingly popular hemp derivative. The measure was prompted by concerns expressed by the city police department that some of the products on local shelves labeled as Delta 8 THC actually contain a higher level of THC than is legal in Wisconsin.

The intent of the ordinance, as explained by city attorney Steve Sorenson, was to allow local police officers to take a product off the shelf and test it to see if a merchant is selling a legal product or contraband material. Products with .3 percent THC and under are legal in Wisconsin.

Regardless of the intent, the measure was met with a fierce backlash.

Public comment during the council's Nov. 22 meeting was dominated by individuals opposed to the ordinance, some of whom complained the council had passed the measure without a clear understanding of what Delta 8 is and what it does.

In particular, they argued the product is an effective painkiller that can be used in place of opioids.

The Nov. 22 meeting also included discussion of a resolution authored by alderperson Eileen Daniel directing that the measure be repealed. However, Sorenson explained that an ordinance cannot be repealed with a resolution.

"You have to write a new ordinance saying you are withdrawing the old ordinance and that requires two meetings," he said, adding that a public hearing must be held before an ordinance can be approved.

Hearing that, the council voted unanimously to recommend the ordinance be rewritten.

As a result, a new version of the ordinance was included in the council packet for the Dec. 13 meeting. The new language included a 21 or older age requirement for purchase as well as regulation of packaging.

"It shall be illegal to package any product containing any Delta 8 THC content as candy, gummy, or similar packaging that may lead a child to believe that the product is candy," the new ordinance read.

The new ordinance also included "allowances for periodic testing of materials either at the request of the retailer or at a scheduled time established by the City of Rhinelander Police Department, or upon the showing of probable cause as the same is permitted under state law" and a requirement that the product be placed behind counters or in locked containers "to discourage improper removal of the material by those under 21."

However, when it came time to discuss the rewritten ordinance, Daniel moved to strike all of the language after the sentence stating that city ordinance 2021-0011 is "hereby repealed in its entirety".

Alderman Tom Barnett expressed concern about deleting the language about packaging, but Daniel insisted it was unnecessary.

"There's already labeling on the packaging," she said, bypassing council protocol by addressing Barnett directly and without being recognized by the chair. The protocol at council meetings is that alderpersons do not speak unless or until they are recognized by the mayor, who is the presiding officer, and given the floor. In addition, all remarks are to be directed to the chair rather than to another alderperson or the audience.

The discussion continued with alderman David Holt opining that the best course of action would be to repeal and "start from scratch."

"I think the right decision here is to simply wholly repeal it, start over with a discussion that begins with agreement about what our goals are, rather than to continually amend something that was not necessarily a constructive product to begin with," he said.

Both Holt and Daniel also expressed concerns about "restricting" the local business community and creating a competitive disadvantage.

Daniel also stated that "there are no fines collected for this ordinance. It's simply forfeitures."

"Yes, there are," the city attorney quickly corrected her. "There are $500 fines."

"Ok, I can't see us collecting to many of those fines anyway," she responded.

City council president Ryan Rossing was the only alderperson to express support for the new language.

He said he didn't believe restricting sales to those age 21 and over would inhibit the various businesses where the product is sold from making a profit. He also said he doesn't have an issue with adults who use Delta 8 for medical purposes but thought it would be wise to require that the product be kept behind the counter so that it is out of the reach of those under the age of 21.

A two-thirds vote was required to repeal the original ordinance and that was accomplished as only two alderpersons dissented. Rossing and alderperson Carrie Mikalauski cast the "nay" votes.

In other business on Dec. 13, the council unanimously approved the city's 2022 budget.

The vote came after a public hearing in which no one addressed the council.

The city will levy taxes totaling $6,960,832, which includes $4,779,800 general levy and then $280,076 in library levy, $197,081 in airport levy and a $105,357 levy for debt service. The remaining $825,010 is divided between Tax Increment Funding districts #1, #5, #6, #9 and #10.

The 2022 city share of the taxes on a $100,000 home will be $1,102.29, a $21.70 increase. This would put the mill rate per thousand at $11.02, a 0.21700 or about .21 cent increase from 2020.

The full council meeting is available to view at www.hodagtv.com.