Tonight At 6:00 The Business of Marijuana Begins In Freeport

FREEPORT, ILLINOIS — Tonight at the Committee of the Whole meeting inside Freeport City Hall local leaders will discuss two proposed ordinances relating to the marijuana business in Freeport, Illinois.

The two proposed ordinances, drafted by the Illinois Municipal League, give new guidelines for the legalization of marijuana to help cities deal with adult cannabis.

According to the IML municipalities may not restrict the private consumption of cannabis that is authorized by the Act. However, the Act prohibits the use of cannabis in public places, schools and child care facilities among other locations. Municipalities may adopt and enforce local ordinances to regulate possession and public consumption of cannabis so long as the regulations and penalties are consistent with the Act.

Municipalities, by ordinance, may impose a Municipal Cannabis Retailers’ Occupation Tax on adult-use cannabis products of up to 3% of the purchase price, in .25% increments. Counties may impose up to 3.75% in unincorporated areas, in .25% increments. The taxes imposed under this Act shall be in addition to all other occupation, privilege or excise taxes imposed by the State of Illinois or by any unit of local government, such as sales tax.

The Act provides employer protections including that nothing in the enactment prohibits employers from adopting reasonable zero-tolerance or drug-free workplace employment policies concerning drug testing, smoking, consumption, storage or use of cannabis in the workplace or while on-call.

We’ve obtained copies of the proposed ordinances addressing the taxing and zoning of marijuana to be discussed at tonight’s meeting. They are included below. Please note there may be errors in the translation of the documents, therefore we have also included links below to the full PDF file for you to review.

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AN ORDINANCE OF THE CITY OF FREEPORT, ILLINOIS AMENDIN G PART EIGHT- BUSINESS REGULATIONS AND TAXATION CODE, TITLE F OUR — TAXATION, OF THE CODIFIED ORDINANCES OF THE CITY OF FREEPORT TO CREATE A NEW CHAPTER 900 TO BE ENTITLED “MUNICIPAL CANNABIS RETAILERS” OCCUPATION TAX”

ORDINANCE NO. 2019 –

WHEREAS, the City of Freeport, Illinois (“City”) has the authority to adopt ordinances and to promulgate rules and regulations (that penain to its government and affairs) that protect the public health, safety and welfare of its citizens”) and has adopted Codified Ordinances of the City (the “Code”); and

WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Municipal Cannabis Retailers’ Occupation Tax Law) 65 ILCS 5/11—8—22 el seq, (Act); and

WHEREAS, this Ordinance is intended to amend the Code to impose the tax authorized by the Act providing for a municipal cannabis retailers’ occupation tax which will be collected by the Illinois Depanment of Revenue; and

WHEREAS) the City Council finds that such amendment is in the best interest of the public health, safety, morals and general welfare of the residents of the City of Freeport.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS as follows:

Section 1. The above — recitals are incorporated herein and made a pan hereof

Section 2. That Part Eight 7 Business Regulations and Taxation Code, Title Four 7 Taxation, of the City Code is hereby amended to create a new Chapter 900 to be entitled “Municipal Cannabis Retailers’ Occupation Tax” and which new Chapter shall read as follows (additions shown as bolded and underlined and deletions as striketbroughs):

“CHAPTER 900
MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX

900.01 Tax imgosed; Rate.

a. A tax is herebv imposed upon allyersons engaged in the business of selling cannabis, other than cannabisyurchased under the Compassionate Use of Medical Cannabis Pilot Program Act. at retail in the City at the rate of 3% 0f the gross receipts from these sales made in the course of that business.

b. The imposition of this tax is in accordance with the provisions of Sections 8-11-22 of the Illinois Municipal C0de(651LCS 5/8—11—22).

900.02 Collection of tax by retailers.

a. The tax ingwsed bv this Ordinance shall be remitted bv such retailer to the Illinois Demrtment of Revenue (Department). Any tax re_quired to be collected pursuant to or as authorized by this Ordinance and any such tax collected by such retailer and required to be remitted to the Departm ent shall
constitute a debt owed by the retailer to the State. Retailers mav reimburse themselves for their seller’s tax liability hereunder bv separately stating that tax as an additional charge, which charge may be stated in combination. in a single amount, with any State tax that sellers are reqjgred to collect.

b. The taxes hereby imposed. and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Depjrtment shall have full power to administer and enforce the provisions of this Chapter.”

Section 3. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application, Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.

Section 4. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law, provided, however, that the tax provided for herein shall take effect for all sales on or after the first day of January, 2020. Copies of this Ordinance shall be certified and sent to the Illinois Department of Revenue prior to September 30, 2019

Section 5. A11 ordinances or parts of ordinances in conflict with this Ordinance are repealed insofar as they conflict.

Section 6. This Ordinance is expressly adopted pursuant to the Home Rule Authority Of the City of Freepon as created by Article 6 of Section VII of the Illinois Constitution of 1970.

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AN ORDINANCE OF THE CITY OF FREEPORT, ILLINOIS AMENDING VARIOUS PROVISIONS OF PART TWELVE ~ PLANNING AND ZONING, TITLE FOUR 7 ZONING, OF THE CODIFIED ORDINANCES OF THE CITY OF FREEPORT TO PROVIDE FOR ADULT—USE CANNABIS

ORDINANCE NO. 2019 –

WHEREAS, the City of Freeport, Illinois (“City”), has enacted Municipal Code Regulations (the “Code”) for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the people; and

WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which pertains to the possession, use, cultivation, transportation and dispensing of adult—use cannabis, which became effective June 25) 2019; and

WHEREAS, pursuant to the Act) the City may enact reasonable zoning ordinances or resolutions not in conflict with the Act, regulating cannabis business establishments, including rules adopted governing the time, place, manner and number of cannabis business establishments, and minimum distance limitations between cannabis business establishments and locations the City deems sensitive; and

WHEREAS, the City duly held and conducted :1 Zoning Board of Appeals hearing on, 2019 to consider text amendments to the City Zoning Code to further regulate adult—use cannabis facilities within the City as set forth herein; and

WHEREAS, the Zoning Board of Appeals recommended to approve said text amendments; and

WHEREAS, the City has determined it is in the best interest of the City and its citizens to make such amendments.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS as follows:

Section 1. The above – recitals are incorporated herein and made a part hereof.

Section 2. That Section 1240.06 of the Code entitled “Definitions” is hereby adopted to add the following terms and definitions which shall reads as follows (additions shown as bolded and underlined and deletions as strikethroughs):

“ADULT-USE CANNABIS BUSINESS ESTABLISHNIENT” means anV aduIt-use cannabis cultivation center, craft grower, Jrocessing organization, infuser organization dispensing organization or transporting orginization.

“ADULT-USE CANNABIS CRAFT GROWER” means anv facilitv operated bV an organization or business that is licensed by the Illinois Department of Agriculture to cultivate. drv, cure and package cannabis and perform other necessarv activities to make cannabis available for sale at a dispensing organization or use at a processing organization mer the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

“ADULT—USE CANNABIS CULTIVATION CENTER” means anv facilitv operated bV an organization or business that is licensed bv the Illinois Demrtment of Agriculture to cultivate. process, transport and perform necessarv activities to provide cannabis and cannabis—infused p_roducts to licensed cannabis business
establishments, per the Cannabis Regulation and Tax Act. (RA. 101-0027) as it maV be amended from time—to-time, and regulations promulgated thereunder.

“ADULT-USE CANNABIS DISPENSING ORGANIZATION” means anv facilitv Qperated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for flipurggse of selling or dispensing cannabis, cannabis-infused productsj cannabis seedswaraphernalia or related sugpjies t0 purchasers or to qualified registered medical cannabi_s_patients and caregivers, per the Cannabis Regulation and Tax Act. [P.A. 101—0027), as it mav be amended from time-to-time, and regulations promulgated thereunder.

“ADULT-USE CANNABIS INFUSER ORGANIZATION 0R INFUSER” means anV facilitv operated bx an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis 0r cannabis concentrate into a product formulation to produce a cannabis-infusflproduct, per the Cannabis
Regulation] and Tax Act, (P.A. 101-0027), as it mav be amended from time—to-time. and regulations promulgated thereunder.

“ADULT—USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR” means anV facilitv operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis productfi per the Cannabis Regulation and Tax Act, (P.A. 101—0027), as it may be amended from time-to-time and regulations promulgated thereunder.

“ADULT—USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER” means anV organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Communitv College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (RA. 101-0027), as it mav be amended from time—to-time, and regulations promulgated thereunder.”

You can view each ordinance in full here.

Ordinance addressing the taxing of marijuana

Ordinance addressing the zoning of marijuana

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See also https://www.iml.org/file.cfm?key=16334

https://wrex.com/category/2019/09/06/guidelines-for-recreational-marijuana-released/

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