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Fond du Lac council reviews draft permit for retailers selling CBD-THC beverages to close loophole
Summary
City Attorney Deb Hoffman presented a draft ordinance to require city permits for retailers selling CBD-THC beverages, saying the products can be psychoactive and the change would protect minors; council asked about implementation and staff said the ordinance will return as an action item with public notice and an initial-warning approach.
City Attorney Deb Hoffman told the Fond du Lac City Council on Jan. 14 that the city is considering a draft ordinance that would require retailers selling CBD-THC beverages to obtain a permit from the city to close what she called a legal loophole created by changes in federal and state hemp laws.
"I do believe they will intend to fix this, but it could be a year or more," Hoffman said, arguing the city should act in the meantime. "Every retailer that's going to sell these items has to get a permit from the city." She described the products as "psychoactive" and said people can be impaired after consuming them, noting that impairment can still result in OWI enforcement.
The proposal is currently an input item; Hoffman said staff have worked with the clerk's office to draft necessary forms and would publicize the requirement if the council moves it forward. She told council members the city would try to provide notice and initial warnings rather than immediate penalties: "It's very clear in our ordinance, no one's gonna get a ticket if you didn't know about this. We're gonna try and give as much notice as possible. And if you still didn't know about it and you're selling to minors, you and or you don't have a permit, we'll go in and tell you the first time, and you're gonna get, like, basically, a warning. And then after that ... then you're gonna get a ticket."
Resident Marybeth Hayes, speaking during public comment, said the change is needed and urged council to act quickly: "It's a big loophole in the law and I'm very glad that you are considering it ... I will encourage you to pass this and close this loophole as soon as possible in the city of Fond Du Lac."
Council members thanked Hoffman for the work and asked practical questions about existing retailers and bar owners. Mr. Heisler asked about next steps should the council later adopt the ordinance; Hoffman said staff would send forms to likely retailers, post guidance on the city's website and follow a warning-then-ticket enforcement approach.
The council did not vote on an ordinance at the Jan. 14 meeting. Hoffman said the draft will return as an action item for formal consideration after staff finalize forms and outreach plans.
