Recreational Cannabis Information
The state of Illinois has approved the use of recreational cannabis, beginning January 1, 2020. This decision will allow the use of recreational cannabis (with restrictions) in all Illinois municipalities, including Villa Park. Below is information on recreational cannabis in the Village of Villa Park.
November 11, 2019 | Board Meeting
During the Village of Villa Park's regularly held board meeting on Monday, November 11, 2019, the Board considered a three percent (3%) Municipal retail tax on the sale of cannabis in Villa Park. The second reading on this item will occur November 25, 2019 at 7 p.m. in Village Hall.
October 28, 2019 | Board Meeting
The Village of Villa Park held a board meeting Monday, October 28, 2019 at 7 p.m. at the Iowa Community Center. A section of this board meeting was dedicated to public comment on recreational cannabis in the Village. This will be an opportunity for residents to submit their comments to the Board.
The PowerPoint presentation reviewed at the October 28th Board Meeting can be viewed here: Recreational Cannabis
The October 28 Board meeting can be viewed below.
- Memo: Preliminary Information about Recreational Cannabis Legislation prior to the October and November 2019 Veto Session
- Recreational Cannabis in Illinois Presentation by Joshua Horeled; August 30, 2019
- Presentation Notes and Q&A from the DuPage Mayors and Managers Conference
- Memo from Village Attorney Kathi Field Orr on the Cannabis Regulation and Tax Act
- Memo from the Police Department
- Memo from the Finance Department
- Memo from the Community Development Department
- Agenda and Minutes from the Zoning and Planning Public Hearing Held on November 29, 2018.
- Copy of Ordinance 4069, passed by the Village Board on February 25, 2019, which adds cannabis-dispensing organizations as special uses in the Zoning Ordinance's C-3 service business district
- Illinois Municipal League information concerning adult-use cannabis, including:
- Illinois Department of Financial and Professional Regulation (IDFPR) application for new dispensing organizations
- IDFPR press release announcing application process and map of licenses
Recreational Cannabis FAQs
1. When was cannabis made legal in Illinois?
On Tuesday, June 25, 2019, Governor JB Pritzer, signed Illinois House Bill 1438, better known as the Cannabis Regulation and Tax Act (CRTA), thus legalizing the consumption and possession of recreational cannabis for adults 21 and older in Illinois.
2. Can a local municipality like Villa Park ban the consumption/possession of cannabis?
No, municipalities cannot ban or override the CRTA.
3. Will the Village have any regulatory abilities?
Yes. In regards to restrictions, municipalities have the ability to:
- Ban the selling of recreational cannabis within Village limit
- Dictate the amount of legal dispensaries within the Village of Villa Park
- Determine how cannabis businesses are operated; such as hours of operation
- Dictate the location of cannabis businesses as they relate to points of interest such as: schools, churches, government buildings and liquor stores
- Regulate the zoning of cannabis businesses in specific districts
4. What regulatory abilities, if any, do business owners and landlords have?
Any person, business, public entity, or landlord may prohibit the use of cannabis on private property.
5. Should the Village permit dispensaries to open, how will the Village manage public safety at these locations?
While it is unknown exactly in what capacity public safety services will be needed at recreational cannabis dispensaries, public safety is the top priority of the Village and any specific security concern will be addressed as it would for any other business.
6. Who can legally purchase and consume cannabis?
As a result of the new state legislation, the consumption of cannabis as of 1/1/2020, will be treated similarly to the consumption of alcohol. Any Illinois resident, or non-resident, age 21 or over, will be able to purchase and consume cannabis.
7. Who can legally grow and sell recreational cannabis?
Only licensed businesses will be able to legally grow and sell cannabis. Medical cannabis patients will be allowed to grow up to five (5) plants each within their home.
8. What will the Village’s role be in the licensing process?
The Village pays no role in the licensing process. The Department of Financial and Professional Regulation are responsible for selecting and processing those individuals attempting to obtain a license.
9. How much cannabis may an individual possess?
Illinois residents may possess up to:
- 30 grams, or just over one ounce of “flower”
- 5 grams of cannabis concentrate
- 500 milligrams of THC – the principle psychoactive constituent of cannabis – in a cannabis infused product such as gummies, candy, other consumable products (often referred to as “edibles”), tinctures and lotions.
Non-Illinois residents may legally possess up to ½ of these amounts.
10. What action is required by the Village Board to allow recreational cannabis to be sold in Villa Park?
The Zoning and Planning and Village Board will hear business proposals from any businesses seeking to open a recreational cannabis dispensary case-by-case through the special case process.
11. Will cannabis consumption be allowed in public spaces?
No, the consumption of cannabis in public will be considered unlawful.
12. Where will consumption be allowed?
The consumption of cannabis will be allowed on private property and potentially, in specifically designated establishments such as dispensaries or smoking lounges.
13. Are there any changes to existing medical cannabis laws?
Yes. The list of conditions covered under the use of medical cannabis was expanded to now include: chronic pain, autism, migraines, irritable bowel syndrome, osteoarthritis and anorexia.
14. Is the sale of medical cannabis currently allowed in Villa Park? If so, where?
Yes. By the state and local ordinance, medical cannabis was approved in 2014 and its sale is permitted in Villa Park in special use C-3 zones. While these facilities are allowed in Villa Park, no such business has opted to open in Villa Park.
15. How is Cannabis taxed?
Sales will be taxed at 10% for cannabis with THC levels at or less 35%; 25% for cannabis with THC levels above 35%; and 20% for cannabis infused products such as edibles. This is in addition to standard state and local sales taxes. Additionally, municipalities may add a special tax of up to 3% and counties may add a special tax up to 3.75% in unincorporated areas.
16. How will the potential tax revenue generated be used?
Within the bill, any government proceeds associated with the sale of recreational cannabis was established as follows:
- 20% to State mental health services and substance abuse programs
- 10% to pay unpaid State bills
- 35% to the State General Revenue Fund
- 2% to public education and safety campaigns
- 8% to the Local Government Distributive Fund, for prevention and training for law enforcement
- 25% for identified social equity programs
17. How will the potential tax revenue from the 3% tax be used by Villa Park?
Currently, the Village has no plans in place for these potential funds. The expectation of staff is that the 3% sales tax would go toward the General Fund, but it is not yet certain.
18. How do federal laws affect Illinois’ law?
Although cannabis remains illegal at the federal level, federal law enforcement has rarely interfered with individuals possessing the state regulated legal amount or businesses complying with state enforced programs. Any questions related to Federal or State regulations should be directed to the proper agencies.
19. How does recreational cannabis affect criminal records?
Illinois Governor JB Pritzker has stated that he will pardon past convictions for possession of up to 30 grams, with the attorney general going to court to delete public records of a conviction or arrest for the now legal amount. Regarding possession of 30-500 grams, an individual or a state’s attorney may petition the court to vacate or expunge the conviction.
20. What are some potential impacts to the State’s decision to allow recreational marijuana use when it comes to policing?
It is reasonable to assume that the legalization of cannabis will increase the demand for police services and the number of drug-impaired drivers on our roadways. However, because of the statewide allowance of cannabis, this may be the case with or without a dispensary being located directly in Villa Park.
21. What efforts will the Village take in communicating to the public about this topic?
Ahead of each time that this topic will be considered on any Village committee or board agenda, the Village will share information about the upcoming meeting on Facebook, Twitter, and in the Village’s monthly e-newsletter. All meetings will also be posted on the Village Calendar and agendas will be available at: http://www.invillapark.com/803/Agendas-and-Minutes
22. How can I share my thoughts or opinions on this topic as a resident or community member?
Please email email@example.com with any thoughts or concerns. Additionally, public comment at Village Board and Committee meetings is available for any member of the public.