The City Council on Monday discussed a possible ordinance amendment that would ensure Freeport keeps up with the state’s marijuana laws.
The changes would bring the city in line with the state’s Cannabis Control Act. Currently, the city’s ordinances cite state statute in three of the four instances in which cannabis is mentioned. The goal is to ensure the city follows state law in all cases, city legal counsel Steven Cox said.
“It just so happens those four instances are all the same right now, but if the state changes the definition or the law, three of our sections will change; one won’t,” Cox said.
If the City Council chooses not to make any changes, Freeport citizens could face more-stringent penalties than residents in other cities if the state relaxes its marijuana laws. Conversely, if the state imposes stricter laws, Freeport’s rules could become less restrictive than elsewhere in Illinois.
If approved, the city would follow the state’s lead in defining what constitutes marijuana, as well as possession and distribution.
“It applies to everything,” Cox said. “The reason it came to our attention is because Illinois is currently in the process of passing, we believe, the Industrial Hemp Act, which deals with CBD oil.
“Should the state change the law, which it looks like they will, we just want to be in compliance with what the state is doing.”
The Industrial Hemp Act would create the legal framework to allow Illinois residents to grow, cultivate and process industrial hemp with a license from the Illinois Department of Agriculture. It would also remove hemp from the Noxious Weed Act and Cannabis Control Act.
Alderman-at-large Andrew Chesney questioned whether passing the ordinance would force the city to follow the state if marijuana eventually is legalized.
“Obviously, I don’t think that’s going to happen tomorrow or next week,” Chesney said during the Committee of the Whole meeting. “But the way this ordinance would read then, that would mirror state law.
“Do we have any protections or provisions to circle back to the bigger conversation if that was to come forward?”
Cox said the city can always be more restrictive than the state. The council would be able to adjust the ordinances if state law changed.
“Should state law change to something that we’re not comfortable with locally, there could be certain restrictions imposed and we’d want to do that across the board,” Cox said.
Alderman will discuss the potential changes at Monday’s City Council meeting.
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