2019-10-21 - Ordinance 2019-055 - AMENDING MUNICIPAL CODE BY ADDING REGULATIONS REGARDING ADULT-USE CANNABIS ORDINANCE NO. 2019 - 055
AN ORDINANCE AMENDING THE BUFFALO GROVE MUNICIPAL CODE BY THE
ADDITION OF REGULATIONS REGARDING ADULT-USE CANNABIS
IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove, Illinois, enacted Municipal Code
Regulations 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 Village may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business organizations, including
rules adopted governing the time, place, manner and number of cannabis business organizations,
and minimum distance limitations between cannabis business organizations and locations the
Village deems sensitive; and
WHEREAS, on October 21, 2019, the Village Board adopted an ordinance to allow only
adult-use cannabis dispensaries within its corporate limits; and
WHEREAS, on October 21, 2019 the Village Board initiated an amendment to the
Municipal Code to review and consider amendments that further regulate adult-use cannabis
dispensaries within the Village.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. 2) Chapter 5.04.010 Business Licenses is hereby amended by adding a new
section 7 under the definition of"Business Activity" as follows:
a. "Adult Use Cannabis Dispensary: An adult-use cannabis dispensary shall be
defined as a facility operated by an organization or business that is licensed by
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the Illinois Department of Financial and Professional Regulation to acquire
cannabis from licensed cannabis business organizations for the purpose of selling
or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia
or related supplies to purchasers or to qualified registered medical cannabis
patients and caregivers, per the Cannabis Regulation and Tax Act(P.A. 101-
0027), as it may be amended from time to time, and regulations promulgated
thereunder.
Section 3. Chapter 9.16 entitled Controlled Substances is hereby amended by adding
Section 9.16.050 to Chapter 9.16 as follows:
9.16.050 The provisions of this Chapter shall not apply to the usage of medical cannabis
permitted by State law under the Compassionate Use of Medical Cannabis Pilot Program
Act (410 ILCS 1301/1 et seq.), nor shall it apply to the Illinois Cannabis Regulation and
Tax Act (Public Act 101-0027).
Section 4. Chapter 9.17 entitled Controlled Substances is hereby amended by adding
Section 9.17.020 (C) as follows:
9.17.020 (C). Any"instrument"utilized with the use of medical cannabis permitted under
the Compassionate Use of Medical Cannabis Pilot Program Act(410 ILCS 1301/1 et
seq.), or with the use of adult-use cannabis permitted under the Illinois Cannabis
Regulation and Tax Act(Public Act 101-0027.)
Section 5. Chapter 9.32 entitled Smoking in Public Places is hereby amended by adding
the language in bold to Section 9.32.110 as follows:
"This Chapter shall not be interpreted or be construed to permit smoking, including
cannabis, or otherwise consume cannabis infused products, including edibles, where
it is otherwise restricted by other applicable laws, including but not limited to the
Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 1301/1 et
seq.), and the Illinois Cannabis Regulation and Tax Act (Public Act 101-0027.)
Section 6. If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
Section 7. This Ordinance shall be in full force and effect from and after its passage and
approval.
AYES: 5—Stein Ottenheimer,Johnson Smith Pike
NAPES: 1 -Weidenfeld
ABSENT: 0 - None
PASSED: October 21 2019
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APPROVED: October 21, 2019
APPROVED:
Beverly Swman, Village President
A1'1TST:
Janet il- irabian, Village Clerk
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