Recreational Cannabis Information
History & Discussion of Request
Public Act 101-0027 creates the Cannabis Regulation and Tax Act (“CRTA”) and was signed into law by Governor J.B. Pritzker on June 25, 2019. Effective January 1, 2020, the CRTA legalizes the possession and private use of cannabis for Illinois residents over twenty-one (21) years of age. The CRTA also gives municipalities the ability to adopt and enforce local ordinances to regulate possession and public consumption of cannabis so long as the regulations and penalties are consistent with the CRTA.
The CRTA preserves local zoning authority and directly authorizes municipalities to prohibit (opt out) or significantly limit the location of cannabis businesses by ordinance. Municipalities have the authority to enact reasonable zoning regulations that are not in conflict with the CRTA. This would include the authority to opt out of either commercial production or distribution (dispensaries) of adult-use cannabis within their jurisdiction. Municipalities also may enact zoning ordinances and regulations designating the time, place, manner and number of cannabis business operations, including minimum distances between locations through special use permits. In addition to zoning authority, municipalities will have the authority to allow for on-premise use of cannabis at locations to be determined locally.
In essence, the Village of Willowbrook (“Village”) has the ability to ban the sale of recreational cannabis within the Village’s limits, dictate the amount of legal dispensaries within the Village, determine how cannabis businesses are operated (such as hours of operation), and dictate the location of cannabis businesses as they relate to points of interest such as schools, churches, government buildings, and liquor stores. Certain local communities have responded by identifying one or more zoning districts where these facilities can be located given the State’s parameters, then deciding whether to list them as permitted uses or special/conditional uses.
Staff believes the requirement of a special use for Adult-Use Cannabis Dispensing Organizations within the OR, LOR and M1 zoning districts to be the most appropriate process for consideration. This process will require notification of surrounding property owners and a public hearing before the Plan Commission. The Plan Commission would be able to recommend conditions to the proposed project before forwarding their recommendation to the Village Board for final approval. The intent of the special use process is to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns. Staff is confident that this process will provide for the most effective review and approval process for the regulation of Adult-Use Cannabis Dispensing Organizations in Willowbrook.
Proposed Text Amendments
The following new definitions are proposed:
Add following Definitions 9-2-2 alphabetically:
ADULT-USE CANNABIS DISPENSING ORGANIZATION:
A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Add “Adult-Use Cannabis Dispensing Organization, except when located seventy feet (70’) or less from a residential district boundary or use or one thousand feet (1000’) or less from the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home , or a combination thereof, and in compliance with State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirements of Chapter 10 of this Title for ‘Other Business and Commercial Establishments’. ”
9-7B-2 (for special use in O-R zoning district)
9-7C-2 (for special use in L-O-R zoning district)
9-8-2 (for special use in M-1 zoning district)
Amend 9-7B-4(B) as follows:
Retail Sales: Except for medical cannabis dispensaries or adult-use cannabis dispensing organizations, as provided in section 9-7B-2 of this article, no retail sales or services shall be permitted except as incidental or accessory to a permitted use.
Amend 9-7C-4(B) as follows:
Retail Sales: Except for medical cannabis dispensaries or adult-use cannabis dispensing organizations, as provided in section 9-7C-2 of this article, no retail sales or services shall be permitted except as incidental or accessory to a permitted use.
Amend 9-8-4(B) as follows:
Retail Sales: Except for medical cannabis dispensaries or adult-use cannabis dispensing organizations, as provided in section 9-8-2 of this article, no retail sales or services shall be permitted except as incidental or accessory to a permitted use.
Please note that these recommendations are intended to establish code regulations in Willowbrook that would need to be followed by a prospective business. It is not granting approval of any particular establishment or location.
The next steps for this process will include a Public Hearing of the Plan Commission on Wednesday, September 4, 2019. At this public hearing, the above text amendments, will be considered for a possible recommendation to the Village Board.
The Village may also consider the adoption of an optional 3% municipal retailers’ tax for recreational cannabis at a future Village Board agenda.
Additional FAQ's and updates will be posted on this page.
- Adult-Use Cannabis Resources(PDF)
- Cannabis Regulation and Tax Act
- Recreational Cannabis FAQ'S (PDF)
- The Financial Impact of Legalizing Marijuana in Illinois (PDF) @(Model.BulletStyle == CivicPlus.Entities.Modules.Layout.Enums.BulletStyle.Decimal ? "ol" : "ul")>