O’Fallon voters will decide marijuana’s future in the city during Illinois primary

Ballots in O’Fallon for the March 17 primary election will include an advisory referendum asking residents if they want cannabis-related businesses allowed in the city.

“Shall the City of O’Fallon allow adult-use cannabis business establishments within the city limits of O’Fallon including the corresponding taxation and legislation?” the non-binding ballot item will say.

Registered voters age 18 and older can respond with a yes or no.

That is the only municipal question on the ballot, said Walter Denton, O’Fallon’s city administrator. The primary will have St. Clair County, the state of Illinois and national candidates who have successfully petitioned to put their names on the ballot.

The advisory referendum was approved for ballot placement last fall after the city council initially voted against allowing cannabis sales in the city. At that time, the O’Fallon City Council approved asking voters their opinion on allowing the sale of adult-use cannabis. This only addresses the business sales aspect of recreational-use marijuana.

An adult-use cannabis business establishment is defined as a cultivation center, craft grower, or processing, infuser, dispensing, or transporting organization.

On Jan. 1, Illinois law allowed residents to begin legally using recreational marijuana. The state is the 11th to legalize marijuana for private consumption.

But the new Cannabis Regulation and Tax Act allowed local communities to adopt and enforce ordinances regulating possession and public consumption of cannabis for adults age 21 or older.

The state also allowed the city to opt out of the new law because the new act preserves local zoning authority, which can limit the location of cannabis businesses.

Municipalities may not prevent private consumption

The O’Fallon City Council voted to ban the sale of cannabis, declaring it a public nuisance. O’Fallon now prohibits all cannabis-related business establishments, including on-premise cannabis consumption establishments.

However, municipalities may not restrict the private consumption of cannabis, but the use of cannabis in public places, schools and childcare facilities, among other locations, is prohibited.

The ordinance mentions protecting the public health, safety and welfare of its citizens, and that the city has determined cannabis business establishments would present adverse impacts.

It also says the additional costs would burden law enforcement and regulatory operations. The public safety department has gone on record concerned about impaired drivers.

In the future, if the council decides to permit but regulate the sale of recreational cannabis, the ordinance can be repealed.

That is why the referendum is strictly advisory. Whatever the vote outcome is, the council will discuss re-evaluating the ban.

Decision up to the public of O’Fallon

At the suggestion of alderman Todd Roach, a sunset provision on the prohibition six months after an advisory vote is certified was added as a good faith gesture for the public.

Roach said if the residents don’t want it, then it will be banned permanently. But if they want it, the council can look at it within six months after the referendum.

This time will not only give officials leeway for more input, but also, if the sale is supported, then the administration has time to prepare ordinances.

The 2019 ordinance was drafted based on a model one from the Illinois Municipal League and reviewed by the city’s special land use legal counsel Cunningham, Vogel and Rost.

The IML had recommended cities opposed enact legislation by Oct. 1, the first date people could submit applications for dispensaries. And a resolution had to be passed at least 79 days prior to the election in order to place the advisory referendum on either the primary or general elections.

Early voting

City Clerk Jerry Mouser said early voting begins Feb. 6 and concludes March 16, and will take place from 8:30 a.m. to 5 p.m. at the St. Clair County Clerk’s office in the Election Department, which is on the second floor of the St. Clair County Building at 10 Public Square in Belleville.

In addition, permanent early voting sites are at The Rec Complex, 9950 Bunkum Road, Fairview Heights, and O’Fallon Township Office, 801 E. State St., O’Fallon.

But those hours aren’t available until March: 9 a.m. to 5 p.m. March 2-6; 9 a.m. to 7 p.m. March 9-13; and 9 a.m. to 7 p.m. March 16.

Temporary early voting sites in the county are from 10 a.m. to 4 p.m. Feb. 29 at four locations: Centreville Township Building, 4831 Bond Ave., Alorton.; Midway Fire Department, 200 N. 74th St., Centreville; Whiteside Middle School, 111 Warrior Way, Belleville; and High Mount School, 1721 Boul Ave., Swansea.

More information can be found online at: www.countyclerk.co.st-clair.il.us.

This story was originally published January 28, 2020 at 12:58 AM.