R-1808 - 05/28/2019 - LEGISLATION - Resolutions Supporting DocumentsBOT AGENDA Page 1
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 28, 2019
SUBJECT: Resolution opposing the legalization of the recreational use of marijuana
FROM: James R. Kruger Jr., Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve Resolution 2019-
PD-RECMJ-R-1808 to authorize the Village President to sign and the Village Clerk to
attest to oppose the proposed legislation by the General Assembly to legalize recreational
marijuana.
Background/History:
The Illinois Law Enforcement community is opposed and is attempting to educate the
public on concerns over the Governor’s bill to legalize recreational cannabis. Chicago
law makers that have proposed it believe that regulating the use by consenting adults is
safe, and the State can profit off of an activity, that they believe, is going on anyway.
What we have learned speaking to our law enforcement colleagues in Colorado,
California and Washington State include:
1. This bill contains known and documented public safety risks. It does nothing
to alleviate our belief that there will be more traffic fatalities and
significantly more incidents leading emergency room visits.
2. The bill sponsors ignored most of the major objections we raised to them and
to the Governor’s Office in the past twelve to eighteen months.
3. The bill contains many loopholes that will allow recreational marijuana to go
largely unregulated.
4. Enforcement will prove to be difficult and next to impossible in some cases.
ITEM 12.B.2
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a. There is still no reliable device available now that would allow
officers to test whether drivers are impaired by marijuana. Increased
scientific research is needed to develop objective marijuana
impairment standards for automobile operation, workplace safety, and
medical effectiveness. But we cannot do that now.
b. “Home grows” are allowed for up to five flowering plants in the bill.
i. To allow home grows in a legalized setting so would eliminate
many opportunities for regulating marijuana. The penalties
for home grows appear to be very minor civil citations from
$100 to $200, even for major offenders of the five-plant limit.
ii. Allowing home grows would allow the cartels to set up shop
as they have done in Colorado, California and Washington,
and bring with them the corresponding crime.
iii. The bill allows for growing in outbuildings and sheds that will
look like greenhouses.
c. There is no way to monitor, like we do for prescriptions, if someone
goes from one dispensary and purchases 30 grams and then proceeds
to another dispensary.
d. We encouraged the regulatory framework already in place for
medical marijuana to be utilized for any licensing, keeping tight
controls over growth, distribution, and sales. The rules for
recreational marijuana are, by contrast, wide open.
5. This bill goes way beyond expungement of a person’s record for possession
of small amounts of marijuana. It would also require expunging the records
of some felons, including people who knew they were illegally distributing
large amounts of illegal drugs. And the timeline for actually doing this is
unrealistic. There are other ways achieve the same outcome for cases of
minor possession.
6. There is not enough protection for teens and children. School Resource Officers in
Illinois earlier this year reported an increase in marijuana incidents in their schools.
This will get worse under this bill.
7. We have been and continue to work closely with the Illinois Sheriffs’ Association in
our opposition. We share much of the same language in our statements and
perspectives on this issue.
8. This process needs to slow down so that we can truly learn from mistakes made in
other states.
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Besides all of these facts, the bill strips local control as we have for alcoholic
beverages. We will not be able to keep it from our community or our roadways.
Recommendation:
Staff recommends that the Village Board approve Resolution 1808 and join other like-
minded communities in opposing this legislation and its negative effects to public safety
as the official position of the Village of Oak Brook.
RESOLUTION NO. 2019-PD-RECMJ-R-1808
A RESOLUTION OPPOSING THE LEGALIZATION OF THE RECREATIONAL USE OF
MARIJUANA
WHEREAS, the possession and use of marijuana is illegal in the United States under federal
law, but a few states have permitted the recreational use of marijuana for non-medical purposes;
and
WHEREAS, there is legitimate concern about the potential increase in cases of “Driving Under
the Influence" with many police departments expressing concern that there is not yet a reliable
and accurate way to measure the impairment of a driver who may have consumed marijuana;
WHEREAS, several other states, including Colorado, have recently legalized the recreational
use of marijuana and are beginning to record data related to this change in policy; such data will
illustrate both the benefits and possible detrimental effects of legalization, whether related to
health, public safely, the effects on children, or any number of other issues;
WHEREAS, the social costs appear to far outweigh any short-term revenue gains from
legalization of recreational marijuana;
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Oak Brook, DuPage and Cook Counties, Illinois, that:
The Village of Oak Brook has concerns on any policy and program initiatives to legalize
the recreational use of marijuana for non-medical purposes by adults, because of the social
impact, the short-term and long-term risks for children and adolescents, in terms of their health
and future intellectual potential; and for the general well-being of youth and the community.
In the event that the legislature decides to pursue expansion of marijuana usage in
Illinois, we urge lawmakers to slow the process of legalizing recreational marijuana in Illinois, so
that lawmakers, stakeholders, and expe1is alike have the chance to consider the societal impact of
legalization and examine all of the data from other states that have passed similar legislation.
Lawmakers should not rush irresponsible legislation purely for perceived short term tax revenues
without considering data regarding social costs and should consider the health and safety of
Illinoisans as their first priority when considering the question of legalization;
Municipalities must be guaranteed the right to retain local authority to regulate the
distribution of cannabis in their communities to ensure proper compliance with all local and state
rules. Cannabis distribution should follow the long-established liquor licensing model, where the
Illinois Liquor Commission issues state licenses and each municipality has licensing authority
and the ability to oversee and swiftly address violations.
Municipalities must retain the right of control over zoning and siting of cannabis
distribution locations.
Home cultivation without local oversight is problematic, therefore the Village of Oak
Brook opposes home cultivation. If allowed, al a minimum, any legislation must include a process
requiring home cultivators to register with local authorities and provide permission to access
cultivation sites in order to monitor compliance.
Legalization should not be considered until a standardized method of determining the potency
of edibles can be established to reliably inform and protect consumers of edible cannabis products;
Recreational cannabis legislation must address impaired driving standards and
enforcement including observational standards permitting local authorities to establish prima
facie cases of impaired driving.
Municipal law enforcement agencies must be provided the necessary funding to both fully
train their patrol officers for this new environment (such as the Intensive Drug Recognition
Expert training program) and purchase and necessary equipment (such as cannabis impairment
detection testing devices that may be authorized for future use in Illinois). Funding for law
enforcement is required even if the municipality does not have a cannabis distribution
facility.
FURTHER, be it resolved that this resolution shall be entered upon the journals of the Board of
Trustees of the Village of Oak Brook.
Passed and approved this 28th day of May, 2019.
__________________________
Gopal G. Lalmalani
Village President
ATTEST:
_______________________________
Charlotte K. Pruss
Village Clerk
VOTES:
AYES:
NAYS:
ABSENT: