O’Fallon residents voted to allow sales of legal marijuana. The city may ban it anyway.

Adult-use recreation cannabis dispensaries will likely be banned in O’Fallon but retail establishments for medical purposes may be allowed, as will ancillary businesses, including cultivation and transportation, with discussion and decisions at a later date.

In a 12-2 vote, the O’Fallon City Council advanced an amended ordinance for final approval, which is expected at the July 6 meeting, that prohibits retail sales at recreation-use dispensaries. The council’s Community Development Committee will meet Monday, June 22, to discuss the proposal.

The vote for prohibiting retail-only sales was as follows: Aldermen Jerry Albrecht, Matthew Gilreath, Kevin Hagarty, Tom Vorce, Gilreath, Ray Holden, Jessica Lotz, Mark Morton, Christopher Monroe, Nathan Parchman, Todd Roach, Ross Rosenberg, Dan Witt, yes; and aldermen Gwen Randolph and Dennis Muyleart no.

At the Monday, June 15 meeting, which lasted 2 hours, 15 minutes as an online Zoom webinar, about 15 citizens expressed pro and con opinions. Those in favor of retail sales said they were upset at aldermen who supported the ban for not taking the favorable results of the March 17 non-binding advisory referendum into consideration. They said the people’s vote should count. Those not in favor mention that it is not a representative vote.

Speakers cited tax revenue for the city and questioned perceptions about “unfavorables” coming to the city, and that the businesses are highly regulated. Some argued alcohol was more of a societal problem than marijuana.

The primary election ballot item 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. That is about 23.5% of registered voters. O’Fallon’s population is about 30,000.

Since then, arguments about lack of voter support and people staying home during the coronavirus outbreak have occurred. O’Fallon turnout at past elections include 11.5% in 2019 for the municipal election and 73.6% in 2016 for the presidential election. Several speakers suggested putting the matter on the November ballot, because a presidential election draws more voters.

Another issue mentioned was 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.

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 took place April 7, which meant the council has to act by October. During the ongoing debate, the city staff had been seeking direction from the council on whether to permanently prohibit or allow adult-use marijuana business establishments, or only allow for the retail sale of cannabis or the transportation and cultivation of cannabis.

Aldermen offer viewpoints on weed debate

Some aldermen presented their opinions before the vote, with Aldermen Hagerty, Witt, Parchman stating that their wards were in favor of cannabis sales while aldermen Lotz, Gilreath, Monroe and Albrecht said their wards were not. Muyleart wants retail establishments, said he values the opinion of his ward.

“There will be no faith or trust in us at all,” Witt said if aldermen did not listen to what the citizens wanted.

Morton said they owed it to the voters to support having cannabis business in town. He mentioned the civil unrest that is going on because people don’t feel that they are being heard. He thought it was short-sighted not to consider options. He received applause.

“It’s very clear the public has spoken,” he said.

Roach, a proponent of non-retail wholesale businesses that are not open to the public, proposed an amendment that would specify banning only retail recreation dispensaries.

He favored such wholesale businesses as infusers (infuses products such as edibles with cannabis extract), transporters (transports cannabis between business licensees, craft growers (can grow between 5,000 and 14,000 square feet of canopy space and may be separately licensed as an infuser) and cultivation center (can grow up to 210,000 square feet of canopy space).

“Why are we banning it entirely? Nobody is clear about the reasons why not allow wholesale. It would be light manufacturing and industrial, just like we’re trying to encourage at Rieder Road,” Roach said.

He suggested they discuss what types of wholesale businesses they would allow at another time.

Amendment approved 8-6

Roach argued the city, while they would not get tax revenue for cultivation and transportation, would benefit from bringing jobs to the 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,” he said.

Aldermen approved the amendment in an 8-6 vote. Voting yes were: Hagarty, Morton, Muyleart, Parchman, Roach, Rosenberg, Vorce and Witt. Voting no were: Albrecht, Holden, Lotz, Gilreath, Monroe and Randolph.

Roach, vice chair of CDC, had posted the meeting notice on an O’Fallon community page on Facebook, which garnered over 600 comments. During the past week, aldermen have received emails and calls from residents, both for and against weed sales in the city.

“I supported the vote of the people, but offered a compromise to ensure the council didn’t ban medical dispensaries and all other cannabis-related businesses,” Roach said.

Before the council meeting, a straw poll taken at the CDC meeting May 26 indicated aldermen could support only the wholesale businesses but several had changed their mind by the June 8 committee meeting.

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.

Gilbreath suggests banning all sales

Gilreath presented an amendment banning all sales, recreational and medical, which failed in a 6-7 vote, with Lotz abstaining.

Hagarty said his residents wanted to be able to purchase medical marijuana closer to their homes.

Gilreath said most residents of Rieder Road do not want these kinds of businesses, and if we have the chance to get Space Force to locate there, that would be 1200-1400 jobs instead of 15-20. The U.S. government has not announced where Space Force would locate

Gilreath, who was later chastised by residents in the public comments, apologized for things he said “in the heat of the argument,” noting it was not his intention to offend.

Vorce wants to wait until face-to-face meeting possible

Vorce suggested the council wait to vote until they could meet face-to-face, and that the technology and sound issues, which marred Monday’s meeting, were “ridiculous.”

“Let’s table this for two weeks so we can vote in person. This is ridiculous with all the noise, for an issue like this,” he said.

The meeting, whose attendees had to register for, had problems with speakers being heard and other glitches.

Joshua Jenkins, a resident of Ward 1, live-streamed a video on his Facebook page, showing he was outside city hall, talking into a megaphone for more than two hours. Among his complaints was city hall should be open for meetings. The sound interfered with the audio available through Zoom. Inside council chambers, Mayor Herb Roach, City Clerk Jerry Mouser, Alderman Albrecht and Grant Litteken were visible on the Zoom call.

The other 13 aldermen, city staff and residents, totaling 83 people, were in their homes and offices, using the Zoom meeting platform. Since mid-March, Gov. J.B. Pritzker has allowed city government to be conducted remotely because of the COVID-19 public health crisis.

The state’s southern region is now in Phase 3 of the Restore Illinois Plan. O’Fallon City Hall opened on an appointment-only basis June 8. If the region moves into Phase 4, it will be open to the public July 6, and occupancy limitations will apply for visitors and staff. Currently, services are provided by appointment. Visitors must wear masks and practice social distancing guidelines.

About legalized marijuana

On June 25, 2019, Pritzker signed the Cannabis Regulation and Tax Act, making the state the 11th one in America to legalize the recreational use of weed. 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 pot 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.

Public comments from residents

During the public comments, several residents were concerned about the transparency of this vote. Logan Hyde said he voted early in March, and through social media discussions, found out people did not realize the vote was non-binding. He said that should have been clearer.

“In a representative democracy, why are voters not being respected?” he said.

Carolyn Atchley supported what Hyde said.

“It was the people’s responsibility to come out and vote,” she said.

Steve Cramer supported moving the vote for two weeks so people could talk at city hall chambers.

“This is not the forum to be having now,” he said.

Lewis Wood said another revenue stream is “a good reason to do it. Collinsville’s been making all the money.”

Britani Schroeder agreed with it being another source of revenue.

“Why are we having this conversation in the first place?” she said.

Tameria Russell moved here in July. She was concerned about the conservative judgment that would overturn a public vote.

Crystal Jones said a future council could overturn the decision and wondered why elected officials wouldn’t support public opinion.

Additional remarks from community

Nicole Wheatley said the plant was beneficial and attitudes needed to change about “devil weed.”

“There is so much positive about it. I am very disappointed that you don’t listen to the people,” she said.

Ray Roskos said O’Fallon had a history of not listening to the residents.

Cari Schaeffer said the vote was not a good gauge of public opinion.

“Is this the right thing for O’Fallon in general? I can’t say yes or no,” Schaeffer said.

She said the city doesn’t allow tattoo parlors or pawn shops.

Gary Hursey said people can go to Fairview Heights or Belleville to purchase it and that having it here would not help O’Fallon grow.

All of the uses would be zoned industrial, which would include properties east of Scott-Troy Road along U.S. 50 and Rieder Road.

This story was originally published June 16, 2020 at 11:44 AM.