Recreational Cannabis Zoning Regulations

Frequently Asked Questions

1. Can municipalities and other units of local government regulate cannabis establishments within their boundaries? 
A unit of local government may enact reasonable zoning ordinances or resolutions that are not in conflict with state law. A unit of local government may enact ordinances or rules governing the time, place, manner and number of cannabis establishment operations, including a minimum distance limitation between cannabis establishments and other locations it deems appropriate through the use of special use permits.

2. What does this mean for Deerfield? 
Deerfield retains local zoning authority to prohibit (opt out) or significantly limit the location of cannabis businesses in its zoning ordinance.  

3. Based on the proposed ordinance, where could a recreational dispensary potentially locate in Deerfield?
After applying all the zoning setback requirements included in the draft ordinance, only four locations are suitable for a potential recreational dispensary (see map below - click to enlarge). Those four locations are:

• 700 Lake Cook Road
• 677 Lake Cook Road
• 660 Lake Cook Road
• 151 S. Pfingsten Road

4. Where is the Village Board in this process?
The Village Board is considering a proposed Ordinance that would potentially allow one future recreational cannabis business as a Special Use. The Village Board is scheduled to vote on the proposed Ordinance at the November 4, 2019 Board meeting.  

5. What happens if the proposed Ordinance is approved?
If the proposed Ordinance is approved, it would enable a 6 - 9 month process for an applicant to seek a Special Use Permit for a recreational cannabis dispensary in Deerfield, subject to the location and operational restrictions included in the Ordinance. This would include multiple public meetings and a public hearing.

6. Is there a recreational cannabis dispensary facility requesting zoning approval at this time?
No. The Village has not received an application from a recreational cannabis dispensary. 

7. Why is the Village considering to have a recreational cannabis dispensary as a Special Use?
A Special Use Permit is the most stringent land use/zoning process the Village has available. A Special Use review allows the Village to review specific applications for specific locations in order to assess their compatibility, impact, and ability to meet specific standards and conditions provided for in the Zoning Ordinance. Through this process, the Village can also place appropriate conditions and restrictions on the operations of the business, if necessary.  

8. What are major components of the proposed Ordinance to allow a recreational cannabis dispensary as a Special Use?
The major components of the proposed Ordinance are:

• Allows potentially one (1) recreational cannabis dispensary in Deerfield only as a Special Use in the C-2 Outlying Commercial District and the I-2 Limited Industrial District.
• Require a recreational cannabis dispensary distance requirements of:
  • 1,000 feet from a school, high school, daycare or child care facility
  • 500 feet from residential properties
  • 500 feet from a public park
  • 1,500 feet of another dispensary (State mandated zoning requirement).
• Parking should be regulated in the same manner as a retail use 
• Prohibit cultivation centers, craft growers, processing organizations, and cannabis transporting organizations
• Prohibit on-premises consumption
• Restrict the size of recreational cannabis dispensaries to not more than 5,000 square feet in area.

The Ordinance can be viewed here.

9. Can the Village fine or penalize cannabis establishments for violation of local zoning regulations? 
As with any violation of the Village's zoning Ordinance, the Village can fine a recreational cannabis dispensary that violates the Village's Zoning Ordinance. If a recreational cannabis business applies for and receives a special use permit from the Village, the Village can also suspend or revoke the special use permit if the recreational cannabis dispensary violates the Zoning Ordinance or the conditions of its special use permit.

10. Why is the Village Board proposing to delay implementation of the Ordinance until additional State regulations are adopted?
Under the Cannabis Regulation and Tax Act, Illinois Department of Financial and Professional Regulation and Department of Agriculture are granted the authority to adopt administrative rules to implement the Act, including regulations regarding the permitted potency and THC levels allowed in cannabis products. At this time, neither agency have issued regulations. The Village Board has expressed a desire to delay the effective date of the Zoning Code Text Amendment until 60 days after both sets of regulations are established to allow for the Village Board to review them and take further action. If the rules are not in place by July 1, 2020, the Village has the option to revoke the Text Amendment until August 1, 2020. If no action is taken, the Ordinance will be in full force and effect after August 1, 2020.

11. What tax revenues would the Village receive from a dispensary?
The Village of Deerfield would receive a 5 percent sales tax on recreational cannabis purchased within the Village. 

12. When did the Village start reviewing this matter and how come I was not notified?
A legal notice was published on August 1, 2019 in the Deerfield Review.  The August 22, 2019 and September 12, 2019  Public Hearing meeting agendas and documents were posted on the Village website (August 16 and September 6) prior to the Public Hearings. Anyone can register to receive agendas via e-mail or text message via the Village website, www.deerfield.il.us.  A complete timeline of events is available here.

13. What is the Cannabis Regulation and Tax Act?
Public Act 101-0027 creates the Cannabis Regulation and Tax Act (the Act) and was signed into law by Governor JB Pritzker on June 25, 2019. Effective January 1, 2020, the Act legalizes the possession and private use of cannabis for Illinois residents over 21 years of age.
Municipalities may not restrict the private consumption of cannabis that is authorized by the Act. However, the Act prohibits the use of cannabis in public places. Municipalities may adopt and enforce local ordinances to regulate possession and public consumption of cannabis so long as the regulations and penalties are consistent with the Act.

14. What about the Smoke Free Illinois Act?
The Act applies the restrictions of the Smoke Free Illinois Act to smoking cannabis. This means that individuals are prohibited from smoking cannabis in the places where individuals are prohibited from smoking tobacco (e.g. restaurants); and allows property owners to prohibit the use of cannabis by their guests, lessees, customers and visitors.

15. How do I contact the Mayor and Trustees to weigh in?
The Mayor and Village Trustees can be reached at the following email address, villageboard@deerfield.il.us. 

16. Who can I contact for more information?
Contact the Village Manager’s Office at 847.719.7400 for more information.

Timeline Summary

• June 25, 2019 - Governor Pritzker signed the Recre which legalizes recreational cannabis beginning on January 1, 2020. This Act allows municipalities the authority to regulate the zoning of commercial cannabis businesses.
• July 1, 2019 - the Village Board passed a Resolution directing the Plan Commission to hold the Public Hearing and make recommendations to the Village Board on this matter.
• August 22, 2019 – The Plan Commission conducted a Public Hearing. 
• September 12, 2019 – The Plan Commission conducted a second Public Hearing and voted unanimously that the Zoning Ordinance be amended to allow one (1) recreational cannabis dispensary with numerous zoning restrictions.
• October 7, 2019 – the Village Board voted 5-1 to accept the report and recommendation of the Plan Commission and directs the Village Attorney to prepare the Ordinance. 
• October 21, 2019 – The Village Board holds First Reading of the Ordinance permitting the future consideration of one (1) recreational cannabis Special Use Permit in a very limited area of the Village along Lake Cook Road. 
• November 4, 2019 – Mayor and Village Board approved the Ordinance, setting strict guidelines regulating the zoning and operation of recreational cannabis sales.