With a tie-breaking vote cast by Haines Borough Mayor Stephanie Scott, the assembly passed a resolution Tuesday opposing a statewide proposition to legalize and commercialize marijuana in Alaska.

The assembly voted 3-3, with assembly members Diana Lapham, Dave Berry and Jerry Lapp in favor of the resolution opposing Proposition 2, a ballot measure Alaska voters will decide on during the Nov. 4 general election.

Berry, who sits on the statewide “Big Marijuana. Big Mistake. Vote No on 2” committee, proposed the resolution July 29. 

The resolution calls Proposition 2 “an extreme measure that would legalize not only marijuana but also potent and dangerous chemical concentrates and drug-infused edibles that appeal to children.”

About a half-dozen people spoke at Tuesday’s public hearing, with only one in favor of the resolution. Most of the comments didn’t have to do with marijuana, but criticized why the assembly felt the need to weigh in on the matter.

Patty Brown said “there is no place in the democratic process” for the assembly to pass a resolution that tries to speak for the will of the people.

“It is a slippery slope for elected officials to attempt to influence people in supporting or opposing a law promulgated by the initiative process. As a local voter and thinking human being, it feels patronizing, and there is other meaningful work to be done,” Brown said.

Lee Heinmiller echoed Brown’s criticisms. “You didn’t think to tell us how to vote on the $2 billion giveaway to the oil companies, so why do you think we would want your opinion on another statewide issue?” Heinmiller asked. “As assembly members you can vote in the privacy of the voting booth like the rest of us.”

Others argued marijuana use would continue whether the borough passed the resolution or not. “We’re gonna get it. We’re gonna smoke it. We’re gonna do it,” said Dean Lari. “This is one of the most pot-smokingest towns I’ve ever lived in.”

Bill Kurz, the lone member of the public to speak in favor of the resolution Tuesday, said assembly members provide guidance for those who might not read all the legislation. “We look to you to lead,” he said.

Assembly member Diana Lapham agreed the assembly is in “a position of guidance.”

“The children are what I’m concerned about,” Lapham said, referencing the argument that children will have easier access to marijuana-infused edibles like lollipops and gummy bears if Proposition 2 passes.

Assembly member Lapp said he also didn’t like the idea of candies packaged to appeal to children becoming readily available. “I think it just goes too far,” he said of the legislation.

Assembly member George Campbell said while he respected assembly member Berry’s passion on the issue, Proposition 2 seems like “it was written by a fifth-grader.”

Aside from the poorly-written legislation, Campbell agreed with several audience members that supporting or opposing a statewide ballot measure isn’t the assembly’s place.

“I think this is one time we should be silent,” he said.

Mayor Scott, who voted to oppose Proposition 2 at a recent Alaska Conference of Mayors meeting, agreed with Campbell that the legislation just has too many holes and problems.

Specifically, Scott said the law would  not allow troopers to enforce regulations areawide and enforcement would be limited to the townsite. “It’s an oversight in the statute,” she said.

Scott also pointed to emergency room visits by children in Colorado after accidentally ingesting marijuana edibles.

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