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File #: 19-975    Version: 1
Type: Resolution Status: Passed
File created: 10/7/2019 In control: City Council
On agenda: 10/15/2019 Final action: 10/15/2019
Title: Receive the staff report and consider adopting the proposed resolution establishing an adult use cannabis referendum.
Attachments: 1. Cannabis Referendum Resolution 2019_10_15
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Receive the staff report and consider adopting the proposed resolution establishing an adult use cannabis referendum.
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DEPARTMENT: Legal Department

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

BOARD/COMMISSION REVIEW:
N/A

BACKGROUND:

Adult Use Cannabis
On June 25, 2019, Illinois Gov. J.B. Pritzker signed into law the Cannabis Regulation and Tax Act (CRTA) legalizing and regulating the production, consumption, and sale of cannabis in Illinois. It was approved by both houses by May 31, 2019 and will come into effect January 1, 2020. Under the CRTA, personal possession of up to 30 grams of cannabis is legal for Illinois residents at least 21 years of age, with lower limits for non-residents. 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.

July 16, 2019 City Council Direction
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.

August 20, 2019 City Council Direction
At the August 20, 2019 City Council meeting, Council held the first reading of an ordinance amending the Naperville Municipal Code to pro...

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