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Recreational Cannabis FAQs

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1. When was cannabis legalized in Illinois?

On Tuesday 6/25/2019.  Governor Pritzker signed Illinois House Bill 1438 (Cannabis Regulation and Tax Act - CRTA), legalizing the consumption and possession of recreational cannabis for adults 21 and older in Illinois.

2. Can the consumption/possession of cannabis be banned by a local municipality?

No, municipalities cannot ban or override the CRTA.  

3. Will the Village have any regulatory abilities?

Yes, Section 55-25 of the Act outlines what municipalities are allowed to regulate.  

• Ban the selling of recreational cannabis within the Village limit.
• Dictate the amount of legal dispensaries within the Village
• 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 school, churches, government buildings, liquor stores, residential.
• Regulate the zoning of cannabis businesses in specific districts.

4. Does the Act itself restrict the location of cannabis business or advertising?

The Recreational Cannabis Act itself prohibits a new cannabis dispensary from locating within 1,500 feet of another dispensary.  Villages may further restrict the location through zoning regulations. The Act authorizes up to 500 dispensary licenses, allows dispensaries to operate from 6am to 10pm and enables dispensaries, infusers and/or craft growers to share a facility if allowed by the local municipalities.  The Act requires that cannabis advertising be at least 1,000 feet from school grounds, playgrounds, public recreational facilities, child care centers, public parks, public libraries, and gaming arcades.

5. What will the Village's role be in the licensing process?

The Village plays no role in the licensing process as it is left up to the Department of Financial and Professional Regulation (DFRF) to select and process those individuals attempting to obtain a license.  The 55 current medical-cannabis dispensaries get early approval for licenses to sell under the new Act.

6. 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. 

7. Who can legally purchase and consume cannabis?

Per the new State legislation, the consumption of cannabis as of 1/1/2020, will be treated similarly to that of the consumption of alcohol with any Illinois resident, or non-resident, ages 21 or over, now being able to purchase and consume cannabis.

8. 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 plants each within their home.  Recreational users will not be allowed to grow any plants.

9. How much cannabis can 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 chemical that makes users high - in a cannabis infused product such as gummies, candy, other consumable products (referred to as "edibles"), or tinctures, and lotions.

10. What is the legal limit of THC blood concentration for a DUI in Illinois?

The legal limit for driving is a THC blood concentration of more than five nanograms per milliliter.  If you have more than that in your system, or are impaired you may be charged with a DUI.

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.  Consumption may potentially be permitted at specifically designated establishments such as dispensaries or smoking lounges if allowed by local ordinance. Smoking at dispensaries or smoking lounges would be dependent on the Village Board approving zoning for such a use.

13. Who will be allowed to possess cannabis in Illinois in a vehicle under the new law?

Consumption of cannabis in a vehicle on a public street will still be prohibited.  Cannabis transported in a vehicle must be in a sealed, odor proof, and child-resistant cannabis container and reasonably inaccessible.

14. Are there any changes to existing medical cannabis laws?

Yes, the list of conditions that are covered under the use of medical cannabis was expanded to now include chronic pain, autism, migraines, irritable bowel syndrome, osteoarthritis, and anorexia.

15. How is cannabis taxed?

Sales will be taxed at 10% for cannabis with THC levels at or less than 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, the Village of Deer Park has added a special tax of up to 3%.

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 state General Revenue Fund
• 2% to public education and safety campaigns
• 8% to the Local Government Distributive Fund, for the 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 Deer Park

Currently, the Village has no plans in place fore 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 of businesses complying with state enforced programs.  Any questions related to Federal or State regulations should be directed to the proper agencies.

19. How will the Village manage public safety if a dispensary is allowed in the Village?

Other communities have been surveyed. No changes in safety calls for service were reported. Some responses included parking or traffic concerns at some locations, this may be due to the early openings of dispensaries and high demand.  Public safety is the Village’s top priority and any specific security concerns will be addressed.

20. What are some of the 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 as well as the number of drug impaired drivers on our roadways, due to the state-wide allowance of marijuana, regardless of whether or not such a facility is located within the village limits of Deer Park.

21. How does recreational cannabis affect criminal records?

Governor 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.

22. How can I share my thoughts or opinions on this topic as a resident?

Please email Village Administrator McAndrews  with any thoughts or concerns.  Additionally, public comments at Village Board meetings are available for any member of the public.