File #: 19-809    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 8/12/2019 In control: City Council
On agenda: 8/20/2019 Final action:
Title: Conduct the first reading of an ordinance amending Title 3 of the Naperville Municipal Code by the addition of Chapter 17 prohibiting adult use cannabis business establishments other than medical cannabis cultivation centers and medical cannabis dispensing organizations
Attachments: 1. Adult Use Cannabis Prohibition Ordinance, 2. Adult-use Cannabis QA 8-20-2019, 3. Supplemental QA Information Boulder PD, 4. Supplemental QA Information CDPS, 5. Supplemental QA Information Nevada Banking System, 6. Supplemental QA Information Vegas Cannabis Lounge
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Conduct the first reading of an ordinance amending Title 3 of the Naperville Municipal Code by the addition of Chapter 17 prohibiting adult use cannabis business establishments other than medical cannabis cultivation centers and medical cannabis dispensing organizations
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DEPARTMENT: Legal Department

SUBMITTED BY: Michael DiSanto, City Attorney; Pam Gallahue, PhD, Director-City Clerk; and Allison Laff, TED Deputy Director

BOARD/COMMISSION REVIEW:
At the July 16, 2019 City Council meeting, Council considered Grassroots Cannabis and Green Thumb Industries' request to begin operating adult use cannabis dispensaries in the City of Naperville as soon as January 1, 2020. The petitioners made presentations to Council and approximately 15 speakers also provided testimony. After approximately 2.5 hours of discussion, Council voted 5-4 to direct staff to bring back to Council an ordinance prohibiting the local retail sale of adult use cannabis.

BACKGROUND:
Medical Cannabis
In August 2013, the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act. This Act, which pertains to the cultivation and dispensing of medical cannabis for use in serious diseases causing chronic pain and debilitating conditions became effective on January 1, 2014. Per this Act, cultivation centers and dispensing facilities will be permitted to locate within any municipality, subject to the limitations imposed by the Act. If so desired, municipalities were permitted to impose more stringent zoning regulations pertaining to allowable locations of such facilities, provided that no local ordinance could prohibit these facilities outright.

Accordingly, in 2013, Ordinance 13-162 was enacted by City Council to reflect the following:

1. Cultivation centers are permitted as conditional uses in the RD, ORI, and I zoning districts;
2. Dispensing organizations are permitted as conditional uses in the B2, B3, and HS distri...

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