VIllage Board Approves Cannabis Dispensary Zoning Ordinance Amendment and cannabis retailer's occupation tax
The amendment adds “Cannabis Dispensary” to the list of special uses in non-residential zoning districts and a three percent retailer’s tax for cannabis sales
At the July 21 Regular Board Meeting, the Mayor and Board of Trustees approved two ordinances related to adult-use cannabis.
• ORD-2022-41 Cannabis Dispensary Zoning Ordinance Amendment Consideration of an Ordinance that would amend the Zoning Ordinance to add “Cannabis Dispensary” to the list of Special Uses in non-residential zoning districts. This ordinance allows for a maximum of two retail dispensaries. Retail dispensaries must be located at least 100 feet from any residential use or zoning district, and at least 1,000 feet from any K-12 school.
• ORD-2022-42 Adult Use Cannabis Municipal Retailer's Occupation Tax Consideration of an Ordinance that amends the Village Code to enact a three (3) percent Municipal Retailer’s Occupation Tax for Recreational/Adult-Use Cannabis sales in the Village.
jUNE 2022 UPDATE:
village CONSIDERATION OF ZONING REGULATIONS FOR RETAIL Cannabis DISPENSARIES
In January and February of 2022, the Village Board held two public meetings to discuss the reconsideration of the local ban on adult-use cannabis businesses, including retail sales, manufacturing, and cultivation. These public meetings were a direct response to the April, 2021 advisory referendum that asked: “Shall the Village of Woodridge allow the retail sale of adult use recreational cannabis products at dispensary businesses licensed by the State of Illinois?” Responses to the referendum were Yes - 55.40% and No - 44.60%.
In response to the referendum and information gathered at the January and February public meetings, the Board of Trustees directed the Plan Commission to proceed with a public hearing to consider an amendment to the Zoning Ordinance which would add “Cannabis Dispensary” to the list of Special Uses in non-residential zoning districts with specific requirements for separation from schools and residences and with a limit of 2 dispensaries with in the Village limits.
The Plan Commission held a public hearing on June 6, 2022. After due consideration, the Commission voted 6 to 0 to recommend that the Village Board approve an amendment to the Zoning Ordinance that would add “Cannabis Dispensary” to the list of Special Uses in non-residential zoning districts subject to compliance with all applicable State of Illinois licensing requirements and the following local requirements:
- Any part of a building (a.k.a. a tenant space) that is occupied by a Cannabis Dispensary shall be at least one thousand feet (1,000') from the perimeter lot line of any property within the corporate limits of the Village of Woodridge that is used for a school serving students in any grade level between Kindergarten and 12th grade.
- Any part of a building (a.k.a. a tenant space) that is occupied by a Cannabis Dispensary shall be at least one hundred feet (100') from the perimeter lot line of any property within the corporate limits of the Village of Woodridge that is zoned for or used as a dwelling.
- There shall be a maximum of two (2) Cannabis Dispensaries within the corporate limits of the Village of Woodridge.
The Plan Commission’s recommendation will be considered by the Village Board at their July 21, 2022 meeting. The Mayor and Village Board value community input and public comment. The opportunities for the public to view and/or participate in the meeting are as follows:
- Attend the July 21, 2022 Board meeting (7:00 p.m. at the Village Hall) and make your comments during the public comment section of the meeting. Please note that comments are limited to three (3) minutes per speaker.
- E-mail comments to PublicComment@woodridgeil.gov by 4:00 p.m. on the day of the meeting.
- Call 630-719-4901 and leave a voicemail with your comment by 4:00 p.m. on the day of the meeting
Please visit the Village’s Public Comment website page for more information about public comment protocols.
- 9/5/2019: Educational Study Session
- 10/3/2019: Board Workshop to Receive Public Input
- 11/7/2019: Board Discussion
- 11/21/2019: Board Discussion and Direction
- 12/5/2019: Board Meeting Approving Ordinance to Prohibit Adult Use Cannabis Business Establishments
- 12/3/2020: Village Board Study Session to Discuss a Referendum Question
- 12/17/2020: Village Board Meeting to Direct the Placement of a Referendum Question to the Electorate
- 4/6/2021: Consolidated General Election Referendum
- 1/20/2022: Board Workshop to Reconsider the Prohibition of Adult Use Cannabis Establishments
- 2/24/2022: Board Workshop to Reconsider the Prohibition of Adult Use Cannabis Establishments
- 6/06/2022 Plan Commission Public Hearing
- 7/021/2022 Board of Trustees Meeting – Agenda to be Posted 7/15/2022
Adult-Use Cannabis FAQ's
The CRTA allows Illinois residents over the age of 21 to possess and privately use recreational cannabis in limited quantities; however, use of cannabis in public places is prohibited. The State of Illinois legalized the production, consumption, and sale of medical cannabis in Illinois as of January 1, 2014.
No, municipalities cannot ban or override the CRTA. However, they can enforce related local ordinances consistent with the Act, such as violations for consumption in public places, schools, etc.
The choice to opt out
Municipalities may choose to opt out, or prohibit, adult-use cannabis businesses.
If a municipality chooses to opt out, it may adopt and enforce local ordinances to regulate the possession, public consumption, cultivation, growing, processing, dispensing, and transporting of adult-use cannabis as long as the regulations and penalties are consistent with the CRTA.
The choice to opt in
Municipalities may choose to opt in, or permit, adult-use cannabis businesses. By opting in, municipalities may enact zoning ordinances and regulations that designate the time, place, manner, and number of cannabis business operations. This would also include requiring minimum distances not only between cannabis business locations, but also between cannabis business locations and certain types of other businesses throughout the municipality. Additionally, municipalities have authority over whether on premise use is allowed.
In addition, municipalities that opt in may impose a Municipal Purchase Excise Tax on adult-use cannabis products of up to 3% of the purchase price. The taxes imposed under the CRTA are in addition to all other taxes imposed by the municipality and State of Illinois.
As a result of the new State legislation, the consumption of cannabis as of January 1, 2020, will be treated similarly to that of the consumption of alcohol with any Illinois resident, or non-resident, 21 or over, now being able to purchase and consume cannabis.
- 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
- Non-Illinois residents may legally possess up to ½ of these amounts.
Any person, business, public entity, or landlord may prohibit the use of cannabis on private property.
Home Grow Cannabis will be limited to authorized medical cannabis participants and is limited to five plants.