PENDLETON — The Pendleton Town Council on Thursday voted unanimously to table a decision on a proposed ordinance that would have prohibited the sale of recreational marijuana in the town if the Indiana Legislature decides to legalize its use.
Judge George Gasparovic, who for the past several months has encouraged the council to approve the ordinance, said he was disappointed before leaving the meeting right after the vote. He is a member of the Drug Free South Madison County Coalition.
“We’re still saying this is what we wanted and why we’re wanting it,” he said, pointing to a fact sheet that said the ordinance was necessary for the safety of children by reducing their access, reducing the possibility of accidents due to impairment and economic and societal impacts.
Pendleton had been poised to become the state’s first municipality to exercise home rule on the issue of recreational marijuana sales.
Several states, including Indiana’s neighbors Illinois and Michigan, have approved marijuana for medical or recreational use. Some states, such as Colorado, allow counties and municipalities to opt out of marijuana sales.
The proposed ordinance under consideration has been changed since last month to clarify that the ordinance affects only sales but not necessarily use or possession.
The council last month agreed to the ordinance on first reading but chose Thursday not to advance it toward a second reading and passage at the urging of Councilman Chet Babb, who wondered whether the issue actually is better handled through the town’s zoning ordinances. Some businesses require variances.
“I just have a problem jumping into it this quick,” he said. “I have an issue with it right now, this ordinance. We need to step back, take a breath and look at the ordinance as a whole.”
Town Attorney Alex Intermill said the current zoning code does not address marijuana sales, leaving the question open.
“We put it specifically as a prohibited use in the town’s zoning matrix,” he said.
Even if the Legislature legalized recreational marijuana use during the short session that will start in January, the change likely would not become law till July, Babb noted.
Council President Jessica Smith said even though the council met with the public a week ago, out of about 30 in attendance, as many as one-third were members of the coalition and may not have provided a real representative sample of the public.
“There’s still a lot of questions out there,” she said.
Council Vice President Robert Jones said he agreed with tabling the measure but that the proposed ordinance is a reflection of the image the community wants to put forth.
“The coalition worked hard on this issue. I think it’s important we have a good discussion on this,” he said.
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