GLEN CARBON - The Village of Glen Carbon stood firm Tuesday night on the vote of sales of recreational cannabis, disapproving by a 4-2 vote.
Neighbor city Edwardsville approved the sale of recreational cannabis in September.
Police Chief Todd Link and some other Village Board members spoke out openly in prohibiting the sales.
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Chief Link was highly prepared and presented the following to the board:
“The Cannabis Regulation and Tax Act (HB 1438 (empowers the Village to impose a tax on all persons engaged in the business of selling cannabis at retail locations in the municipality on the gross receipts from these sales, up to a 3 percent tax of gross sales receipts. “It is my recommendation, as Chief of Police, the Village should prohibit cannabis businesses inside the Village of Glen Carbon for now. The Cannabis Regulation and Tax Act passed quickly and, therefore, comes without defined administrative rules from the Illinois Department of Agriculture. Logistically speaking, it would be premature for the Village to facilitate cannabis-businesses now without first possessing a solid understanding of all administrative rules pertaining to cannabis-based businesses.”
Link continued: “My main concern, however, arises from the fact that cannabis cultivation distribution, and possession remains a violation of federal law under the Controlled Substances Act 21 U.S.C. 801 et set. A memorandum dated October 19th, 2009, from Deputy Attorney General David W. Ogden pointed out that: ‘no state can authorize violations of federal law,” but left active protections of cannabis investigations to the discretion of federal prosecutors. A memorandum from Deputy Attorney General James M. College followed the Ogden Memo in August 2013 and provided further discretion to provide prospectors in light of state initiatives that legalize under state law marijuana and provide for the regulation of marijuana production, processing and sale. In 2018, then-Attorney General Jefferson B. Sessions III issued his own memorandum to all United States Attorneys, reminding them that cultivation, distribution and possession of marijuana remained illegal under federal law.”
Link closed by saying: “Additionally since federal law still views cannabis-based business as unprotected federal crimes, banks are limited in their handling of money from these businesses. This creates an atmosphere of nearly all cash-based transactions, which are ripe for robberies, theft and fraud. From a public safety standpoint, this too stands out as an imminent and unnecessary risk to our community which can be anticipated and avoided.
“To avert these risks, I believe it is only logical at this point in time to prohibit cannabis-based businesses in the Village.”
Glen Carbon Village Trustees Bob Marcus and Susan Jensen were the two votes of the six total against the measure to probit recreational cannabis sales.
Maryville Administrator Jamie Bowden said each city or village is giving an opt-out which means it can restrict the businesses in the retail sales of recreational marijuana. He explained he did not have a strong position either way, but the village could charge an additional 3 percent on those sales that could produce large revenue raised from it. He also pointed out the state has put together many regulations for those who sell recreational marijuana.
“The state allows video gaming and it is not allowed in Glen Carbon,” he said, citing another example of a state ruling that was disapproved in the village.
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