O’Fallon council says ‘no’ to marijuana retail, but will allow limited cultivation

The cannabis compromise now goes into effect in O’Fallon, allowing related cultivation, infuser and transportation businesses for recreational use within city limits, which is considered wholesale operations, but neither direct retail sales nor on-site consumption at shops are allowed.

In a 9-5 vote at the O’Fallon City Council meeting Monday, a new ordinance was approved that banned retail sales at dispensaries but allowed ancillary businesses: Cultivation center, craft grower, processing, infuser and transporting organizations.

Those voting no included aldermen Matthew Gilreath, Jessica Lotz, Chris Monroe, Dennis Muyleart and Gwen Randolph and those in favor were aldermen Jerry Albrecht, Kevin Hagarty, Ray Holden, Mark Morton, Nathan Parchman, Todd Roach, Ross Rosenberg, Tom Vorce and Dan Witt.

Alderman Jessica Lotz said 55 percent of Ward 2 was against retail sales, based on the referendum, so she would vote no. She also thought there would be more time for discussion on the ancillary businesses because of the sunset provision, which gave the council until October to decide. However, the amended ordinance June 15 made that null and void. She said that was not initially made clear.

“I am representing the voice of my ward,” she said.

As the council debated the issue, after the state law was signed a year ago and went into effect Jan. 1, recreational consumption was never an issue — it was only retail sales, such as dispensaries that are now operating in Sauget and Collinsville. People over 21 years old were still allowed to use marijuana in their homes.

With this amendment, the council left the door open for medical marijuana establishments, which they approved, but the details will be discussed and decided on at a future time.

This is an updated ordinance nine months after the city prohibited cannabis sales and cultivation within its limits. In September, a sunset provision allowed for aldermen to change their minds after the results of a non-binding advisory referendum, which was placed on the March 17 primary ballot and certified in April. Aldermen had expressed wanting more feedback; thus the referendum question.

Poll numbers, CDC input

Residents who went to the polls that day, when public health recommendations emerged throughout the state, along with absentee ballots and early voting, numbered 5,237, which was 23.5 percent of registered voters. They were 52 percent in favor of cannabis sales and 47 percent against — 2,750 votes yes to 2,487 votes no. O’Fallon’s total population is near 30,000.

When the council resumed discussion at the Community Development Committee meeting in May, the support wasn’t there for recreational-use retail sales but at successive meetings, an amended ordinance emerged that would allow cultivation and transportation, with a majority of aldermen supporting that compromise introduced by alderman Roach. He argued tax revenue would still be boosted by the wholesale establishments.

According to Community Development Director Ted Shekell, cannabis-related businesses such as those that infuse edibles with cannabis extract and others that transport cannabis between other licensed businesses, would be allowed as planned-use based on an existing zoning ordinance. It will allow craft growers and cultivation centers, which can cover no more than 210,000 square feet with pot plants.

Shekell said these cannabis-related businesses would be limited to the industrial district southeast of Scott-Troy Road and the U.S. 50 intersection near Rieder Road. This is already established without the passage of any additional zoning amendments. But none can be closer than 1,000 feet to any residence, residential property, park, school or church.

Citizens speak up at meeting

During Monday’s meeting, four residents spoke during the public comments section, offering pro and con opinions: Joshua Jenkins, Daniel Matarazzo and Carolyn Atchley supported all sales; Sal Cincotta did not but noted the passionate debate throughout the city.

Cincotta said with increased discussion on the subject, there seemed to be a sense of urgency, but he suggested it be put to a vote in November.

“It’s suddenly on everyone’s minds. Everybody has an opinion. Put it on the ballot, and it would be binding, making everybody happy,” Cincotta said. “I have been following this for a while. I still don’t want it, that has not changed.”

At previous meetings, several citizens have suggested putting it on the general election ballot Nov. 3, because a presidential election historically draws more voters. One group has talked about circulating a petition for it to be considered.

The fact the referendum was non-binding has been mentioned by those in support. They say the ballot was not clear about it, and more people understand what was at stake now.

People voice concerns, positives about cannabis sales

Those against cannabis sales mainly point out quality of life issues. Some citizens say it does not add value to the community. As for the election results, those opposed say the primary’s meager 23.5 percent turnout was not a representative vote.

Those in favor have pleaded with their aldermen to support the primary results. They have cited statistics indicating crime has not increased in the area towns that have dispensaries and emphasized its medicinal uses and health benefits. They also mention increased tax revenue at a time of harsh economic hits due to the coronavirus pandemic.

During previous deliberations, aldermen have said they have received calls and emails from residents and were listening to what their wards were discussing.

Monday’s city council meeting took place as a webinar on Zoom, with registration required. The meeting video can be viewed on the city website in a few days.

About the cannabis law

On Jan. 1, possessing and using cannabis for recreational use became legal in Illinois, one of 11 states to enact such a law. But municipalities have the authority to regulate adult-use cannabis business establishments through zoning, taxation and prohibition. Consumption is not allowed in public spaces, such as parks.

Illinois residents are allowed possession of 30 grams of cannabis flower, 5 grams on cannabis concentrate, and 500 milligrams of THC contained in a cannabis-infused product. And, if it is grown and secured in their home under certain conditions, people may possess more than 30 grams. People with medical approval can grow up to five cannabis plants in their home.

This story was originally published July 7, 2020 at 11:34 AM.