Evanston Police Department Chief Schenita Stewart raised questions about a proposal to legalize public possession of cannabis and alcohol, saying the wording could allow drinking in cars while on private property.
Councilmember Devon Reid’s proposed city code amendment would allow for public cannabis and alcohol beverage possession, but keep public consumption of these substances illegal. The Evanston Police Department, in a memo prior to the meeting, said there also may be concerns when children are present.
“The stricken language would allow for the possession of open containers of (these) products,” Sgt. Scott Sophier said at a recent Evanston City Council meeting. “It is the police department’s belief that it is a quality-of-life issue by simply saying unless we see you consuming it, there’s no enforcement that can be taken.”
Reid, who advocates for drug-related referrals to help generate dispensary interest to bolster Evanston’s reparations initiative, said substance possession shouldn’t be enforced so strictly considering President Joe Biden recently pardoned those charged with federal cannabis possession charges.
“This is exactly what we are moving away from. Consumption in public, again, is illegal,” Reid said. “What we are saying is that mere possession of these substances in public should not be a crime.”
He posed a scenario of someone with a rolled joint in a container walking in the city, saying that person is at risk of being ticketed or arrested and shouldn’t have to be in fear.
The proposed changes follow a slew of ideas Reid said are aimed at greater equity and adherence to the Illinois Constitution. Recently, a change to the city’s nudity ordinance has advanced to City Council. He has also advocated for changes in the city’s burglar tools and noise ordinances.
The proposal also looks at transporting these substances. Stewart, in a memo to the City Council, said the referral would appear to make consumption of unsealed alcoholic beverages and cannabis products in a motor vehicle legal on private property. Her memo also said the amendment could interfere with state law.
Stewart said she was not prepared to give more insight into the proposal during the Nov. 28 meeting. When Reid asked Stewart why the police department was opposed to allowing public possession of these substances, Stewart said she would prefer to comment at the Dec. 12 meeting.
“I honestly started working on this last week before the holidays,” Stewart said. “I fully had to have (Sophier) come in. We’ve been working on it, we’re not ready at this point.”
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Reid insisted on receiving an explanation as to why the department flagged public possession as a quality-of-life issue. Sophier said the department couldn’t give a specific reason at that time.
Reid said Stewart had plenty of time to work on the referral and he submitted it early to avoid this delay.
“This special order of business was made over a month ago to provide that time,” Reid said.
But the City Council unanimously approved tabling the item to the Dec. 12 meeting.
Corey Schmidt is a freelance reporter with Pioneer Press.