An ordinance regulating a recreational marijuana dispensary in Deerfield could become more complex than originally contemplated after Mayor Harriet Rosenthal suggested 15 more restrictions in addition to those proposed by the plan commission.
The Village Board of Trustees will discuss a proposed ordinance regulating recreational marijuana sales at 7:30 p.m., Monday, Oct. 21, at Village Hall, and that discussion could include some of Rosenthal’s additional suggestions in addition to those proposed by the commission.
A final vote could come as soon as Nov. 4 if the trustees agree on the contents of an ordinance when they next gather.
Recreational marijuana becomes legal in the state Jan. 1. Village Attorney Steven Elrod said Deerfield can refuse to allow any recreational cannabis-related businesses in town and can also impose zoning regulations on them.
After the board voted 4-1 in July to ask the Plan Commission to hold a public hearing and craft regulations for any dispensary that may want to open in the village, the commission needed two public hearings before unanimously making its recommendation Sept. 12.
When the board was nearly done debating the commission’s recommendation Oct. 7, Rosenthal said she wanted 15 additional regulations covering a variety of subjects. The rules included requiring two forms of identification to prove age, adding sign requirements, installing security for the place where products will be unloaded and granting the power to suspend a license for a violation.
“If we decide to approve this and someone comes in and asks to (become) licensed to be a recreational marijuana store, we should set aside some of the revenue we receive for education,” Rosenthal said. “I do have some suggested regulations that I would like to include.”
Before Rosenthal made her suggestions, Village Manager Kent Street said the commission recommended anyone who wants to operate a dispensary must apply for a special-use permit that mandates a public hearing and other possible requirements. Onsite use of marijuana is prohibited.
Street said only one dispensary will be permitted limited to 5,000 square feet in an area roughly bounded by Waukegan, Pfingsten and Kates roads, as well as Deerfield’s southern border. It must be 1,000 feet from preschools, elementary schools, high schools, secondary schools and child-care facilities, as well as 500 feet from parks and residential areas.
Trustee Tom Jester suggested the board needed time to study Rosenthal’s new recommendations. Elrod said the trustees were only voting to direct him to prepare an ordinance that they can modify at the next meeting Oct 21.
Jester objected to requiring two forms of identification to prove age and also objected to a suggestion that the dispensary reimburse the village with professional service expenses it makes while considering the special-use request.
“We don’t have any such requirement for any other business that seeks to be in the village,” Jester said referring to the professional services request. “That’s not the case for tobacco, alcohol or anything else,” he added, referring to requiring two forms of identification.
Rosenthal said the village is going into “uncharted territory” regulating cannabis and needs to protect itself. She also feels the use of two forms of identification will reduce the likelihood a person younger than 21 will buy the product.
“I’m beginning to believe we should do that for anything that is not legal until you’re 21, like alcohol and tobacco,” she said. “We know there are a lot of fake IDs. If you have to have two forms of identification, it’s less likely that a fake ID can be used.”
Other additions Rosenthal wants include disallowing transfer of a special-use permit to another entity, signs large enough to let people know they must be 21 to enter, no offsite advertising signs, provisions for suspension of operation for violations, not permit intoxicated persons from entering and closing the shop by 8 p.m.
