Exploration of Sales of Recreational Cannabis

Village Explores Sale of Recreational Cannabis
Posted on 08/21/2019
medical marijuana

While a majority of Village Board members said at a recent Committee of the Whole meeting that they are open to exploring the sale of recreational marijuana to adults, they plan to explore further the zoning restrictions regarding the location and number of dispensaries that may be allowed to sell.

In addition, the Board has requested feedback from the Village’s Economic Alliance Commission, the Board of Health, and has requested more information from Village Staff prior to making a final decision this fall.

An overview regarding the regulation of cannabis can be reviewed below. Anyone with questions regarding this issue may direct them to Robin Ward, In-House Counsel at rward@vah.com or 847-368-5700.

Important Points on the Regulation of Cannabis

  • Effective January 1, 2020, possession and use of cannabis for recreational purposes for adults over 21 years old becomes legal. This new law does not impact the current medical cannabis program in the State. Medical users will continue to purchase cannabis as they have been doing for the last several years. The Village does not have the ability to prohibit the possession and use of cannabis for recreational purposes by adults.
  • Public consumption of cannabis is not allowed under the new law. Adults are not allowed to walk around the Village smoking cannabis. Additionally, smoking cannabis is prohibited in all places where smoking is currently prohibited pursuant to the Smoke Free Illinois Act – restaurants, stores, offices, etc. Property owners – including owners of apartment buildings – have the right to prohibit the use of recreational cannabis by their tenants.
  • Consumption of cannabis is prohibited in vehicles. Cannabis may be in a vehicle as long as the cannabis is in a sealed container and generally inaccessible while driving (this is similar to the restrictions for transporting alcohol in vehicles).
  • Only medical cannabis program participants are allowed to grow cannabis plants in their homes and they can only have up to five plants.
  • The Village has the ability to determine whether it wants to permit the retail sale of cannabis within its borders and if it does, to what extent. If the Village permits the retail sale of cannabis in town, the Village can impose a local tax up to 3%.
  • The Village Board will be making a decision this fall as to whether to permit sales. If sales are going to be permitted, the Board can set limits on the number of establishments permitted to sell recreational cannabis – anywhere from one to unlimited. In addition, the Board can determine where in the Village such retail establishments can be located. The State law specifically prohibits any advertising of cannabis or cannabis establishments close to schools, parks, libraries, and day care centers.