(A) Areas designated and established as B-2 for zoning purposes may have an additional permitted use, upon attaining a conditional use permit as set forth herein, involving the sale and distribution of medical cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), and the sale and distribution of recreational cannabis pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.). The city authorizes three (3) recreational cannabis dispensary centers, as defined herein, to operate within the city and obtain conditional use permits to operate within the city. Said three (3) recreational cannabis dispensary conditional use permits shall include those also operating with a medical cannabis dispensing conditional use permit. The cost of a recreational cannabis dispensary conditional use permits shall total ten thousand dollars and no cents ($10,000.00) per year. The conditional use permit fee herein shall be initially be due on January 1, 2020, or whenever the conditional use permit is issued initially to anyone granted and issued a conditional use permit, but shall then be due January 1 of each subsequent year, regardless of the month and specific date an initial conditional use permit is issued to anyone granted and issued a conditional use permit. Conditional use permits shall be issued at the sole discretion of the City Council of the City of Canton and said conditional use permits may be terminated and revoked at the sole discretion of the City Council of the City of Canton for reasons deemed appropriate in the sole discretion of the City Council of the City of Canton.
(B) Definitions:
MEDICAL CANNABIS DISPENSING ORGANIZATION, OR DISPENSING ORGANIZATION, OR DISPENSARY ORGANIZATION: Means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant.
RECREATIONAL CANNABIS DISPENSARY CENTER: Means a facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Cannabis Regulation and Tax Act to purchasers or to qualified registered medical cannabis patients and caregivers. As used in this Act, dispensary organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act that has obtained an early approval adult use dispensing organization license.
(C) Conditions Of Use: It shall be lawful to operate a medical cannabis dispensing organization or recreational cannabis dispensary center so long as the following applies and is adhered to:
1. The organization or center is licensed by the Department of Financial and Professional Regulation through the State of Illinois;
2. The organization has a conditional use permit, as set forth in this section, issued by the City of Canton;
3. That the center or organization is not located within one thousand feet (1,000') of the property line of a pre-existing public or private preschool, or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility. A dispensing center or organization may not be located in a house, apartment or condominium;
4. No medical dispensing organization or recreational dispensary center may be located within one thousand five hundred feet (1,500') of another organization or center;
5. A center or organization may not be located in the offices of a physician;
6. A center or organization may be open from the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on any day of the week, including holidays;
7. A center or organization may not utilize amplified music outdoors;
8. Cannabis, cannabis infused products and cannabis concentrate may not be displayed or stored in an area accessible to the public;
9. A center or organization shall have appropriate security employed and security measures implemented at all times, in accordance with State regulations, to deter and prevent theft of cannabis and unauthorized entrance into areas containing cannabis, cannabis infused products and cannabis concentrate;
10. Medical cannabis may not be consumed on the site of the medical organization;
11. No person, organization or center who is licensed to sell cannabis, at retail, shall sell, give or deliver cannabis to any person as to whom the prohibition thereof any applicable law of the State would apply;
12. Organizations and centers shall fully comply with all requirements of the Compassionate Use of Medical Cannabis Program Act 1 , and the Cannabis Regulation and Tax Act.
(D) Purchase And Possession; Restrictions: It shall be lawful for a person twenty one (21) years of age or older to purchase and possess from a licensed (or otherwise permitted under this section) organization or center cannabis, cannabis infused products, and cannabis concentrate based upon the following restrictions:
1. For a resident of this State, the possession limit is as follows: a) thirty grams (30 g) of cannabis flower; b) no more than five hundred milligrams (500 mg) of THC contained in cannabis-infused product; c) five grams (5 g) of cannabis concentrate; and d) for registered qualifying patients, any cannabis produced by cannabis plants grown under subsection (b) of section 10-5, provided any amount of cannabis produced in excess of thirty grams (30 g) of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
2. For a person who is twenty one (21) years of age or older and who is not a resident of this State, the possession limit is: a) fifteen grams (15 g) of cannabis flower; c) 2.5 grams of cannabis concentrate; and c) two hundred fifty milligrams (250 mg) of THC contained in a cannabis-infused product.
3. The possession limits found in subsections (D)1 and (D)2 of this section are to be considered cumulative.
4. No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization, center or craft grower that would cause him or her to exceed the possession limit under this subsection, including cannabis that is cultivated by a person under the Cannabis Regulation and Tax Act or obtained under the Compassionate Use of Medical Cannabis Pilot Program Act.
5. A person who violates any of the provisions in this section shall be subject to a fine of not less than two hundred fifty dollars ($250.00) but no more than seven hundred fifty dollars ($750.00). An organization or center granted and issued a conditional use permit under these provisions shall be subject to a fine of not less than five hundred dollars ($500.00) for a violation of any provision herein, in addition to being subject to having their conditional use permit terminated and revoked for a violation of any provision herein.
(E) Additional Limitations And Penalties:
1. This section does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:
(a) Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
(b) Possessing cannabis:
(1) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(2) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(3) In any correctional facility;
(4) In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
(5) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
(c) Using cannabis:
(1) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(2) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(3) In any correctional facility;
(4) In any motor vehicle;
(5) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
(6) In any public place; or
(7) Knowingly in close physical proximity to anyone under twenty one (21) years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Pilot Program Act;
(d) Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act;
(e) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of section 11-501 or 11-502.1 of the Illinois Vehicle Code;
(f) Facilitating the use of cannabis by any person who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Pilot Program Act;
(g) Transferring cannabis to any person contrary to this Act or the Compassionate Use of Medical Cannabis Pilot Program Act;
(h) The use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; or
(i) The use of cannabis by a person who has a school bus permit or a commercial driver's license while on duty.
As used in this section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
2. Nothing in this section shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis if probable cause exists.
3. Nothing in this section shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
4. Nothing in this section shall require an individual or business entity to violate the provisions of Federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free. (Ord. 4153, 8-6-2019; amd. Ord. 4171, 10-15-2019)
Notes
| 1 | 1. 410 ILCS 130/1, et seq. |