Legislation Details

File #: 19-282    Version: Name:
Type: Action Item Status: Received and Filed
File created: 8/20/2019 In control: City Council
On agenda: 8/24/2019 Final action: 8/24/2019
Title: Communication from the City Manager and the Corporation Counsel with a Request for DIRECTION on the PROHIBITION or IMPLEMENTATION of the Local Government Portions of the CANNABIS REGULATION AND TAX ACT, Effective January 1, 2020.
Attachments: 1. 20242-Summary_of_HB_1438__The_Cannabis_Regulation_and_Tax_Act, 2. Adult_Use_Cannabis_Resources, 3. Local Impacts of Commercial Cannabis Final Report_0
ACTION REQUESTED:
Title
Communication from the City Manager and the Corporation Counsel with a Request for DIRECTION on the PROHIBITION or IMPLEMENTATION of the Local Government Portions of the CANNABIS REGULATION AND TAX ACT, Effective January 1, 2020.

Body
BACKGROUND: On June 25, 2019, Governor Pritzker signed Public Act 101-0027, the Cannabis Regulation and Tax Act (the "Act"). In general, the Act legalizes private consumption and possession of cannabis for Illinois residents over 21 years of age. Non-residents may legally possess lower amounts of cannabis. The Act also provides for the state licensure and regulation of a variety of adult-use cannabis business establishments, preserves the legalization of medical cannabis and includes a provision allowing "home grow" of cannabis by medical cannabis program participants. There are five main components of the Act that need evaluation and discussion: business prohibition, business zoning, Retailer's Occupation Tax, employment matters and expungements. Following a brief summary of each component, detailed below, is a question or questions for Council's consideration. You will also find background on business regulation, the existing ordinance regulating possession of cannabis and the potential for additional legislation before year-end.

Attached to this communication, for supplementary background and substance, is an IML publication on Adult-Use Cannabis Resources, an ICMA publication on Local Impacts of Commercial Cannabis and a summary of the bill from the Illinois Attorney General's Office.

I. Business Prohibition: The Act permits, but does not require, the City to allow the sale of recreational cannabis within its corporate limits. Recently, the local communities of Morton and El Paso have both adopted ordinances prohibiting adult-use cannabis establishments. Across the state, Libertyville, Bloomingdale and Grayslake have prohibited the sale of cannabis; Naperville initially voted no and is votin...

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