O’Fallon aldermen debating cannabis sales but appear leaning in one direction

The ongoing debate on whether to allow or prohibit adult-use cannabis business establishments in O’Fallon took a different direction at Monday’s Community Development Committee meeting, veering from the previous May 26 meeting.

It now appears there is a lack of aldermen support for any kind within the city limits.

That could mean that when an ordinance finally gets put to a vote at an upcoming O’Fallon City Council meeting, reversing the previous decision on banning sales will fail, and the non-binding referendum vote March 17 will not have changed minds.

A non-binding advisory question on the March 17 ballot to allow adult-use cannabis business establishments within the city limits garnered 52.7 percent in favor (2,750 votes) and 47.3 percent against (2,487), with 5,237 votes cast.

The council had passed an ordinance Sept. 16, 2019, prohibiting the sale and cultivation of recreational cannabis, with a sunset provision that would expire six months following the certification of election results by St. Clair County.

That was April 7 and means they must decide by October. The city staff has been seeking direction from the council on whether to permanently prohibit or allow adult-use cannabis business establishments, or only allow for the retail sale of cannabis or the transportation and cultivation of cannabis.

However, a straw poll at the May 26 CDC meeting indicated, in an 8-6 vote, the council would allow for cultivation and transportation inside the city limits.

But during the CDC meeting Monday, three aldermen, previously in support of that, have changed their minds and are now opposed. Aldermen Tom Vorce, Ross Rosenberg and Matthew Gilreath said they are now against any cannabis business in the city. That, effectively, changes the straw poll to 5-9. Other aldermen on the committee — Kevin Hagarty, Nathan Parchman and Dan Witt — support cultivation and transportation because of boosting tax revenue.

The other measures included in the May 26 straw poll had failed: Permanently prohibit adult-use cannabis business establishments 6-8; allow for all business establishments 3-11; and only allow retail sales 1-13.

The straw poll vote for transportation and cultivation was 8-6: Yes — Rosenberg, Gilreath, Witt, Parchman, Vorce, Mark Morton, Todd Roach, and Hagarty; No — Ray Holden, Jerry Albrecht, Gwen Randolph, Christopher Monroe, Jessica Lotz, and Dennis Muyleart.

The straw poll vote to prohibit all sales was as follows May 26: 6-8 Yes — Lotz, Albrecht, Randolph, Monroe, Vorce, and Holden; No — Rosenberg, Muyleart, Hagarty, Gilreath, Roach, Morton, Parchman, and Witt.

The straw poll vote to allow all sales was as follows May 26: 3-11 Yes — Morton, Hagarty, and Muyleart. No — Gilreath, Witt, Parchman, Holden, Vorce, Monroe, Randolph, Roach, Albrecht, Lotz, and Rosenberg.

The straw poll vote to allow retail sales was as follows May 26: 1-13 Yes — Muyleart; No — Gilreath, Witt, Parchman, Holden, Vorce, Monroe, Randolph, Roach, Morton, Rosenberg, and Lotz.

During the May 26 discussion, several aldermen had cited their vote was based on talking to residents in their wards, not their opinion, while others cited their moral and religious beliefs.

Aldermen offer their viewpoints

Holden, CDC chair, reminded everyone this was not a binding vote.

Lotz said it was an easy decision for her because 55 percent voted against the non-binding referendum.

Hagarty said the residents in his ward were in favor of it. He said older residents in Ward 3 were hopeful there would be a medical marijuana dispensary closer to home.

Morton said his ward was about a 50-50 split.

“They raised issues against it, but it’s primarily safety issues. It’s too early to tell. The police chief knows what has happened in other communities and there has been no increase in crime,” he said.

Albrecht said he has received 28 emails, and only one not against sales.

Parchman said he has heard opposition to retail but nobody has objected to cultivation and transportation from the people he’s heard from in his ward.

Witt said he voted for sales because a majority of voters in his ward favored it.

Vorce said he was leaning toward cultivation and transportation.

“Putting personal opinion aside, I will vote on what I think is best for the city,” he said.

Rosenberg said they try to do the best they can for the residents. He said the majority of Ward 1 residents were adamantly opposed to retail sales, but he would make a decision based on the vote and feedback, along with what he thinks.

CDC Chair Roach weighs in on marijuana issue

Roach, vice chair of CDC, said not all the aldermen were there June 8, and the straw poll is not binding. He supports cannabis transportation and cultivation.

“My argument is that the citizens voted for this. I received about 35-40 emails about it. No, we won’t get tax revenue for cultivation and transportation, but they bring jobs to our area, which is property tax for the schools, and they shop in our stores, get gas, eat at our restaurants, and that brings tax revenue in,” Roach said.

Previously, Roach had commented on the March 17 primary.

“Of course I wish more people had turned out.” He said. He cited O’Fallon turnout at past elections: 11.5 percent in 2019 for the municipal election and 73.6 percent in 2016 for the presidential election.

“I think it’s a slippery slope is you start saying the vote isn’t legitimate,” Roach said.

What legalized pot in Illinois means

On June 25, 2019, Illinois Gov. J.B. Pritzker signed the Cannabis Regulation and Tax Act, making the state the 11th one in America to legalize the recreational use of cannabis. It went into effect Jan. 1.

In the state, that means consumption of cannabis for recreational use is no longer prohibited. It is allowed on private property and, potentially, specifically designated establishments, such as dispensaries or smoking lounges. But it is not allowed in public places, schools and childcare facilities, among others.

Under the law, municipalities may not restrict the private consumption of cannabis but could adopt and enforce local ordinances to regulate possession and public consumption so long as the regulations and penalties are consistent with the action.

The city’s CDC began the conversation at their May 11 meeting.

Differing points of view

Several issues were brought up, including that the preferred method of discussion would be in a face-to-face meeting when that would resume if the state moves to Phase 4, and that would allow more citizens’ input. Another issue raised is how reliable the referendum results are, as the primary was during a stay-at-home time because of the global COVID-19 pandemic. Supporters say the vote should count and those not in favor say it is not a representative vote.

Aldermen in favor cited tax revenue for the city and that the businesses are highly regulated.

If the council would decide on cultivation and transportation, they must decide on what uses they would like to include in the ordinance.

City Administrator Walter Denton said all the uses would be zoned industrial, which would include properties east of Scott-Troy Road along U.S. 50 and Rieder Road.

Definitions are as follows:

ADULT-USE CANNABIS CRAFT GROWER

A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, 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 CULTIVATION CENTER

A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, 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 INFUSER ORGANIZATION OR INFUSER

A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, 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 PROCESSING ORGANIZATION OR PROCESSOR

A facility 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 product, 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

An 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 Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to- time, and regulations promulgated thereunder.

This story was originally published June 9, 2020 at 11:21 AM.