Pot Legalization Bill Has Local Option on Dispensary Location

Here’s part of the memo from Governor JB Pritzker on his bill to legalize recreationl marijuana:

More details can be found in the Chicago Tribune story.

Below is the Governor’s memo:

Gov. Pritzker, Lawmakers Announce Major Step Forward to Legalize Adult Use Cannabis

Sen. Heather Steans, Rep. Kelly Cassidy, Sen. Hutchinson, Rep. Gordon-Booth, Rep. Villanueva, Lt. Gov. Stratton Join Numerous Stakeholders Support Measure to Legalize Cannabis for Adult Use on Jan. 1, 2020

Chicago — Gov. JB Pritzker, key lawmakers and stakeholders from around the state announced that they have agreed on a framework to legalize adult use cannabis in the State of Illinois on Jan. 1, 2020. The measure would allow adults 21 and over to legally purchase cannabis for recreational use from licensed dispensaries and create the most equity- centric law in the country.

Supporters expect that this measure will be a starting point to kick off the next phase: legislative debate and feedback from broader groups of lawmakers and other stakeholders.

The measure will be introduced Monday as an amendment to Senate Bill 7. A copy of the legislation is attached.

“Years of work by stakeholders across Illinois means that today we are putting forward a framework for the General Assembly to move forward this session to legalize adult use cannabis, and we welcome additional feedback and insight during this debate,” said Governor JB Pritzker.

“From the outset, I made clear that any plan for adult use cannabis had to prioritize social justice and equity, and the approach we’re taking starts righting some historic wrongs and opening up access to this new market with a $20 million loan program that will help qualified applicants from impacted communities.”

Building on legislation initially put forward by Senator Steans and Representative Cassidy, six working groups led by the Governor’s Office met for the past several weeks to finalize the framework.

This proposed plan lays out the governor’s key priorities:

  • legalizing the use of cannabis for adults aged 21 and older,
  • promoting equity in ownership and participation in this emerging sector,
  • advancing justice by expunging the records of people with minor cannabis convictions, and
  • reinvesting funding in communities that have suffered the most from
    discriminatory drug policies.

“This bill stems from an inclusive process that entailed community meetings, town halls, and legislative working groups,” said Senator Heather Steans. “In spite of having a wide variety of views, most of us wanted the same basic things – social justice, safety for our kids, and revenue for our state. I think we’ve done a good job of balancing these three goals.”

“Prohibition hasn’t worked. Today, we’re unveiling legislation that represents an important change in public policy, and it is long overdue,” said Representative Kelly Cassidy. “We wanted to create a safe, legal and comprehensive regulatory system that protects patient access and allows adults to use cannabis while keeping it out of the hands of children. We wanted to address the years, the decades of unfairness in the ways that our drug laws have been enforced. This bill represents a giant leap in the right direction.”

“This legislation puts social justice first by acknowledging the damages to overpoliced communities during prohibition,” said Senator Toi Hutchinson. “The expungement program is the most ambitious and comprehensive in the nation, creating a mechanism for erasing hundreds of thousands of offenses. It creates investment in the overpoliced communities through the ROC program, and it creates a low-interest loan program as well as a social equity applicant status, so that communities of color can reap the benefits of legalization.”

“For generations, government policies of mass incarceration increased racial disparities by locking up thousands of individuals for cannabis use or possession,” said Rep. Jehan Gordon-Booth. “Now, as we discuss legalization, it is of the upmost importance that we learn from these mistakes and acknowledge the lingering effects of these policies. This bill takes equity a priority by acknowledging the importance of both economics and criminal justice in righting these wrongs.”

“For decades, our cannabis laws have been unfairly applied against minorities, distorting the populations in our jails and prisons,” said Representative Celina Villanueva.

“And as a practical matter, cannabis prohibition has been just as ineffective, inefficient and problematic as alcohol prohibition was. It is time to bring a measure of fairness to our laws, revenue to our state to fund important programs, and justice to our communities. This bill will help us get there.”

Illinois a more equitable state,” said Lt. Governor Juliana Stratton. “This bill advances equity by providing resources and second chances to people and communities that have been harmed by policies such as the failed ‘war on drugs.’ I’m very proud that we’re working in the right direction.”

“The Illinois State Police will be a responsible partner in enforcing the law and ensuring any and all provisions of adult use legislation are strictly and efficiently complied with,” said the ISP Acting Director Brendan Kelly. “We are committed to ensuring the safety of the residents of Illinois.”

OVERVIEW

Key areas of the proposal are outlined below and at greater length in the attached summary.

Promoting Equity

Gov. Pritzker is committed to adopting the most equitable system in the country, and this measure proposes several first-in-the-nation ideas to achieve a more equitable outcome for diverse communities.

$20 Million Low Interest Loan Program

The bill establishes a $20 million low interest loan program through the Department of Commerce and Economic Opportunity for qualified applicants to help defray the start-up costs associated with entering the licensed cannabis industry. The loan program will be paid for with existing funds from the current medical cannabis program, along with fees from licenses for existing dispensaries and cultivators that are approved in the first round of applications.

Social Equity Applicants

The framework establishes licenses for “social equity applicants,” who will receive points during the application scoring process. Eligibility criteria for social equity applicants includes a number of factors, such as majority ownership by residents of disproportionately impacted communities, majority ownership by those who have arrests or convictions eligible for expungement and those who have a majority of employees who have been disproportionately impacted.

During the licensing process, “social equity applicants” will receive 25 points out of the 200 points. Bonus points will be awarded for several categories, including for Illinois-based applicants and applicants with a labor peace agreement.

Limitations on Ownership

In order to foster more diverse ownership, the framework proposes ownership restrictions to prevent the consolidation of ownership in a small group and allow a more business owners to participate in this new market. Among the requirements: no person or entity can hold an interest in more than three cultivation centers or in more than 10 dispensing organizations.

Licenses will also be approved in waves, beginning with current medical cannabis license holders, followed by additional licenses being granted in 2020 and 2021. This timeline also ensures that new entrants into the market can develop successful applications.

Restoring Our Communities Grants

The proposal creates a new grant, Restoring Our Communities, which will receive 25 percent of the revenue that comes from the sale of adult use cannabis. A 22-member board would oversee grant distribution to communities across the state that have suffered the most from discriminatory drug policies.

Expungement

The governor is committed to expunging criminal histories of minor violations of the Cannabis Control Act. The legislation establishes a process for automatic expungement that includes review from relevant law enforcement agencies, including State Police and States Attorney offices.

The automatic expungement process does not apply to individuals whose charges were accompanied by other charges. The attached summary includes a full description of the charges eligible for automatic expungement, along with the detailed process.

Once all vetting has occurred, the law requires that the conviction must be expunged.

Personal Use Parameters

Adults under 21 are prohibited from consuming cannabis, and cannabis cannot be consumed in any place where smoking is prohibited under the Smoke Free Illinois Act. Employers can discipline an employee or terminate employment if the employer’s employment policies or workplace drug policy is violated. Employers can adopt reasonable policies concerning drug testing, smoking, consumption, storage or use of cannabis in the workplace.

Possession limit for Illinois residents:

• 30 grams of cannabis flower
• 5 grams of cannabis concentrate
• 500 milligrams of THS contained in a cannabis-infused product, or

• >30 grams of raw cannabis grown by an eligible resident

Possession limit for non-Illinois residents:

• 15 grams of cannabis flower
• 2.5 grams of cannabis concentrate
• 250 milligrams of THS contained in a cannabis-infused product

Home Grow

The measure allows Illinois households to grow up to five cannabis plants if the grower is an adult 21 or older, is in a household that owns the residence, receives permission from the landlord, keeps the cannabis in a separately locked room to keep the cannabis away from members of the household who are under 21 and is not grown in public view.

Taxation and Costs

At the point of sale, products will be taxed at various rates, depending on the amount of THC. The cannabis purchaser excise tax is proposed at the following levels:
• 10% of the purchase price – cannabis with THC level at or below 35%
• 20% of the purchase price – all cannabis-infused products
• 25% of the purchase price – cannabis with THC level above 35%
Those who cultivate cannabis will be required to pay a 7% tax on their gross receipts from the sale of cannabis. This includes cultivators, craft growers and processors to a dispensing organization.

Preliminary estimates of the costs to administer the new law are roughly $20 million annually. Cost estimates will be finalized over the coming days.

Health and Safety

In order to raise awareness about the potential risks of using cannabis, the Department of Public Health will develop and disseminate educational materials for consumers and oversee the newly created Adult Use Cannabis Public Health Advisory Committee. The proposal also contains restrictions on advertising, packaging and label requirements, and warning equirements that must be posted in each dispensary.

In order to support substance abuse and mental health, 20% of the revenue generated by the sale of adult use cannabis will support efforts in those two areas.


Comments

Pot Legalization Bill Has Local Option on Dispensary Location — 34 Comments

  1. Finally a cause Democrats and republicans can work together towards! Fewer burdensome laws, generate some revenue for the state, legalize pot for adults!

  2. Republicans: WE WANT LESS GOVT!
    Also Republicans: No, you can’t legalize cannabis.

  3. A doped up populace is easier to control and if you can
    make money while doing it, all the better.
    This is the objective of Jumbo Boy and the DEMSHEVIKS.
    They want to turn us all into Little Joey Blowhards.
    .
    Did this “trigger” you, Little Joey Blowhard ?
    Too bad, get over it.
    .
    #TRUMP2020 Deus Vult !

  4. Marijuana has a strong odor in many of its commonly used forms.

    So for example it would be legal for neighbor to smoke a joint in his yard, and if you are outside gardening and don’t like the smell, nothing legally you could do about it.

    Or if she’s smoking a joint inside with the window open, and you are having an afternoon gathering on your patio or deck and don’t like the odor, nothing legally you could do about it.

    Or if there’s a party with 10 people smoking marijuana products, the result is a strong smell.

    etc.

    So where’s the scratch n sniff cards so people who are not familiar with the marijuana odor can understand how this law might affect them.

  5. This will not end as well as JB (jumbo boy) thinks it will.

    Dangerous precedent.

    Think about Illinois recently raising the age to buy a vaping device to 21, and then legalize pot?

    According to the cabal running this state, when I was 18 and operating in the jungles of south east Asia I was a mere child unable to think for myself?

    khùng

  6. **Think about Illinois recently raising the age to buy a vaping device to 21, and then legalize pot?**

    Yes, also for 21 year old. What’s your point?

  7. This is the most bizarre barrage of Republican wing nuttery ever. Do you ever look at the name calling, irrational “what ifs” and knee jerk responses here and despair at the state of the Republican party? You should.

  8. But hey, Mark congrats on coming up with THE most ridiculous argument against legal pot ever.

  9. Plenty of people have not been exposed to marijuana and thus the effort to inform.

    Different strains of of marijuana have different odors.

    Plenty of types of marijuana have a stronger odor than cigarettes.

    Colorado and Denver for example have marijuana odor control laws and ordinances, with Denver’s being more stringent than the State of Colorado.

    The issue already exists with medical marijuana in Illinois, but if legalization for those over 21 occurs, then usage, production, storage, distribution, and consumption will increase, and thus there will be more marijuana odor complaints.

    ++++++++

    Democrat Governor Pritzker’s press release did not mention odor.

    The proposed 522 page legislation (Senate Bill 7 in the 101st General Assembly) mentions odor only twice, and neither application addresses residential neighbors.

    ++++++++

    Page 85 of 522

    (d) An applicant seeking issuance of a Conditional Adult Use Dispensing Organization License shall submit an application on forms provided by the Department of Financial and Professional Regulation.

    An applicant must meet the following requirements:

    ….

    Page 88 of 522

    (22) A detailed description of air treatment systems that will be installed to reduce odors;

    +++++++

    Page 502 of 522

    (410 ILCS 82/35)

    Sec. 35. Exemptions

    Notwithstanding any other provisions of this Act, smoking is allowed in the following areas:

    (8) A privately owned facility at which cannabis or cannabis products may be consumed on location by adults 21 years of age and older that is authorized and regulated by the unit of local government in which the facility is located.

    A privately owned facility authorized by a unit of local government must include an area designated as a consumption area, which must be separated from the rest of the premises by walls and a secure door, and have a separate ventilation system that directs air from the cannabis consumption area to the outside of the building through a filtration system sufficient to remove visible smoke.

    A privately owned facility authorized by a unit of local government must be compliant with all applicable building codes and ordinances, provide adequate filtration to eliminate odor at the property line, and provide a smoke-free area for employees.

    A privately owned facility authorized by a unit of local government must be secure and include measures to prohibit access by persons under 21 years old to the cannabis consumption area.

    (Source: P.A. 98-1023, eff. 8-22-24.)

    Note: Public Act 98-1023 is the Smoke Free Illinois Act.

  10. And now you know why he is known far and wide as Little Joey Blowhard.

    Kudos to you Mark, for informing the readers here.

    Below is a link which lays out the truth about marijuana legalization in Illinois and it’s many effects,
    something that Jumbo Boy and Little Joey Blowhard would rather that you not see.

    http://healthyillinois.org/

  11. Marijuana should be illegal because it smells?

    My God you people are a piece of work.

    You know what else smells?

    Your arguments….Avon perfume…lawn mowers…Hair treatments….those air fresheners that look like cartoon characters.

    Right now I can smell the next door neighbor frying bacon….It woke me up!

  12. The Democrats want to stay in power in Illinois, so pander legal weed to the already low IQ voters and buy their loyalty at the voting booth.

    It is a brilliant strategy, but long term it will ruin the brains of a generation or 2.

  13. Legalization a huge mistake by reckless politicians. The politicians promoting
    this disaster should be voted out of office in their election.

    Here is an excellent article on the health risks and increased highway crashes
    by those using pot from the NY Times.

    https://www.nytimes.com/2019/01/04/opinion/marijuana-pot-health-risks-legalization.html

    “What Advocates of Legalizing Pot Don’t Want You to Know
    The wave toward legalization ignores the serious health risks of marijuana.

    By Alex Berenson
    Mr. Berenson is the author of a forthcoming book on marijuana use.

    Jan. 4, 2019”

  14. For all you people complaining about the legalization of cannabis… do you also want to ban tobacco and alcohol?

    I hate cigarette smoke.

    I want to ban it — Mark, you good with that?

    Tobacco has much worse health risks than marijuana – bred, do you want to ban it?

    It is funny.

    Folks on here railed about raising the tobacco age to 21, yet folks then rail against legalizing cannabis.

  15. Re: Alex Berenson:

    Is Alex Berenson Trolling Us With His Anti-Weed Book? A former ‘New York Times’ journalist wrote about a “hidden epidemic” cause by pot — but it seems he got the science wrong
    https://www.rollingstone.com/culture/culture-features/alex-berenson-marijuana-tell-your-children-trolling-777741/

    And:

    What Alex Berenson’s new book gets wrong about marijuana, psychosis, and violence
    https://www.vox.com/future-perfect/2019/1/14/18175446/alex-berenson-tell-your-children-marijuana-psychosis-violence

  16. So then, legalizing DOPE is the answer to helping communities already
    devastated by DOPE.

    What flawless logic, but only to the mind of the low I.Q. DEMOCRAT

  17. Man, the liberals on here are missing brain cells.

    Think about the increase in DUI’s and automobile accidents.

    Also, as with alchohol, some abuse it, most don’t thankfully.

    Who can say what the consequences of legal marijuana will bring?

    Nothing good most likely.

  18. ole abe,

    Not much you say “triggers ” me anymore.

    You bitch about everything and everybody, but yet here you are still living the dream in Illinois.

    However, your last comment is so ingenuous that it did trigger me.

    When one reviews your comments, it is clear that you have absolutely no regard for the neighborhoods that you pretend to want to protect in your comment.

    You have lambasted poor “section eights” as you refer to then for moving to this area.

    So don’t use that as an argument to keep cannabis illegal.

    Underrepresented folks from poor neighborhoods are in prison for using cannabis at a disproportional number; that’s a good way to protect them.

    Right?

    Done for now; I going to order a pizza and have some Doritos. 🙂

  19. The Orange County Register (California)

    Marijuana stinks. Here’s what cities, businesses and neighbors can do about it.

    by Brooke Staggs

    September 10, 2018

    “Even the most ardent marijuana lovers can’t deny it: The plant, at least to some noses, stinks.”

    picture caption:

    “The Nasal Ranger helps users measure the intensity of smells.”

    “Courtesy of St. Croix Sensory.”

    ocregister.com/2018/09/10/marijuana-stinks-heres-what-cities-businesses-and-neighbors-can-do-about-it

  20. Mark, if we made things illegal because they smelled badly, where would that leave Honest Abe?

  21. Expunging of records will be delaying issue, otherwise it should still happen before New Years.

    Whiners deal with it.

  22. **Expunging of records will be delaying issue, otherwise it should still happen before New Years.**

    That isn’t true at all.

    The bill will go into effect on 1/1/20 – first licenses will issued in the spring of 2020.

    Expungement is part of the bill, but literally has nothing to do with when licenses will be issued and when cannabis will be legally available.

  23. The time to contemplate about how one’s life might be affected by a law to legalize marijuana in Illinois for those over 21 is before the bill passes, not after.

    As outlined above, Illinois Senate Bill 7 in the 101st General Assembly currently has zero protections for residential homeowners regarding marijuana odor.

    The biggest investment of most homeowners life is their home.

    So if this law were to pass, and one does not like the marijuana odor now coming from a neighbor, impacted homeowners of say a $350,000 home have no recourse.

    For most that is the biggest investment of their lives.

    That’s not a legitimate concern?

    Now marijuana is illegal for most (medical marijuana is legal) so such occurrences are less common.

    Minimizing the effect of odor serves what purpose?

    To help get the bill signed into law?

    That doesn’t make the odor go away.

    The odor exists, and people have a right to know and consider the impacts, instead of minimizing the issue.

    ++++++++++++

    Think back on another formerly illegal activity that the General Assembly and Governor legalized.

    Video gambling.

    One of the arguments of legalizing video gambling is that it was already occurring.

    That was true in some places, but the result has been a massive expansion of gambling in Illinois.

    How many video gambling locations and terminals are now in McHenry County?

    Where is that report?

    ++++++++++

    Here’s an article about video gambling just in the city of McHenry.

    +++++++++++++

    Northwest Herald

    McHenry City Council considering tighter video gaming restrictions

    By Brittany Keeperman

    February 26, 2019

    There are 34 businesses with 159 gaming terminals in the city, according to the Illinois Gaming Board.

    From Jan. 1, 2018, to Jan. 1, 2019, a total of 40 establishments with 181 terminals operated in the city, according to the board.

    Gamblers spent $120 million and won back $110 million during that time, which generated revenue of about $458,000 to the city, according to the gaming board.”

    nwherald.com/2019/02/25/mchenry-city-council-considering-tighter-video-gaming-restrictions/ao4cycl

    +++++++++

    And every one of those 34 business / 40 establishments is required by law to sell alcohol, per state law.

    Thus the expansion of video gambling has resulted in an expansion of business licenses to sell alcohol.

    Were was the serious widespread debate those aspects of legalizing video gambling before the bill was passed into law?

    ++++++++++

    The time to understand all the potential impacts of legalizing marijuana, and that includes odor, is during the legislative process.

    But what we have here is proponents of the bill minimizing or attempting to negate the odor impact to the biggest investment of most homeowners.

    That doesn’t make the problem go away.

    If marijuana odor coming from a neighbor drives someone nuts, it’s a major deal to sell the $200K, $300K, $400K, $500K, or $600K home.

  24. Related to the 05/07/2019 at 11:58 am comment.

    The Illinois Gaming Board as of today lists 244 establishments in McHenry County with a video gaming license.

    Video Gaming > Lists of Video Gaming Applicants & Licenses > Comprehensive Lists of Applicants > Licenses Applicants

    igb.illinois.gov/VideoLists.aspx

    ++++++++++++

    Video gaming terminals (VGT) were legalized in Illinois statewide via the Illinois Gaming Act.

    This was a series of three bills signed into law on July 13, 2009 by Democrat Governor Pat Quinn.

    Public Act 96-0034.

    Public Act 96-0037.

    Public Act 96-0038.

    The House Speaker at the time was Democrat Michael Madigan.

    The Senate President at the time was Democrat John Cullerton.

    http://www.ilga.gov

    ++++++++

    The first video gaming terminal in Illinois went online September 2012, which was six years and 6 months ago.

    +++++++++

    Chicago Sun Times

    January 16, 2019

    The Bad Bet: How Illinois Bet on Video Gambling and Lost

    by Jason Grotto and Sandhya Kambhampati of ProPublica Illinois

    and

    Dan Mihalopoulos of WEBEZ

    “Illinois now has more locations to legally place a bet than Nevada does.

    More than 30,000 video slot and poker machines are in operation at restaurants, truck stops, fraternal organizations and storefront parlors across Illinois.”

    chicago.suntimes.com/news/legalized-video-gambling-illinois-bad-bet-poker-slot-gaming-machines-propublica-wbez

  25. Did anybody stop to think how many auto deaths will be caused by doped up drivers?

    How many more lung cancer deaths?

    I don’t regard grass production and marketing a real addition to our GNP.

  26. Maybe RINO Stevie Reick, State Representative (Hooterville-R), will get a ticket for driving while stoked up on Marijuana next year!

  27. Tom and Alabama, please don’t hyperventilate too much about this.

    We can easily figure out what you’ve been smoking already, even before legalization.

  28. So would a legal expansion of marijuana bring to McHenry County?

    Next to impossible to predict, but here’s what the expansion of video gaming brought McHenry County.

    This is a breakdown by municipality of the 244 licensed gaming establishments in McHenry County:

    Algonquin: 14

    Bull Valley: 1

    Cary: 14

    Crystal Lake: 22

    Fox River Grove: 9

    Harvard: 18

    Hebron: 4

    Holiday Hills: 1

    Huntley: 11

    Island Lake: 2

    Johnsburg: 12

    Lake in the Hills: 13

    Lakemoor: 3

    Marengo: 13

    McCullom Lake: 2

    McHenry: 44

    Oakwood Hills: 1

    Port Barrington: 2

    Prairie Grove: 2

    Richmond: 13

    Ringwood: 2

    Spring Grove: 11

    Union: 3

    Wonder Lake: 6

    Woodstock: 21

    Grand total: 244

    source:

    Illinois Gaming Board

    Video Gaming > Lists of Video Gaming Applicants & Licenses > Comprehensive Lists of Applicants > Licenses Applicants

    igb.illinois.gov/VideoLists.aspx

    ++++++++

    In general, unless the establishment is a truck stop, the business must have an on-premise liquor license to become a licensed video gaming establishment in Illinois.

    An on-premise liquor license allows consumption of alcohol on the premises.

    +++++++++

    Does the proposed marijuana legislation allow these facilities to obtain a license to sell and / or use marijuana products on the premises?

    One could smoke dope, drink beer, and play video poker in the same building?

  29. Gotta get more vices into the State.

    That’s what Democrats do.

    Money for the kids remember!

    Oh, so what if Mommy is a pothead and Dad’s gambled away the welfare check and sold his foodstamp benefits for 20 cents on the buck so Grandma gets her vodka and he can get some meth?

    When’s the state going to introduce licensed brothels?

  30. Senate Bill 7 (SB 7) was a concurrent bill to HB 1438.

    SB 7 turned out to not be the recreational marijuana bill that passed into law.

    The recreational marijuana bill that passed into law was House Bill 1438 (HB 1438), which was signed into law as Public Act 101-0027 (PA 101-0027) by Democrat Governor JB Pritzker on June 25, 2019.

    http://www.ilga.gov

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