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1. Can municipalities prohibit cannabis establishments within their boundaries?

Yes. A unit of local government may enact ordinances to prohibit or significantly limit a recreational cannabis business establishment’s location.

NOTE: While recreational cannabis business establishments may be prohibited, the Compassionate Use of Medical Cannabis Pilot Program Act specifically provides that medical marijuana disbursement facilities may not be prohibited within municipal borders. For medical cannabis establishments, then, municipalities can only regulate location via “reasonable” zoning regulations (special use permits, etc.).

2. Can municipalities and other units of local government prohibit the use of cannabis within their boundaries?

No unit of local government, including a home rule unit, may unreasonably prohibit the use of cannabis authorized by the Act.

3. Can municipalities regulate the on-premises consumption of cannabis and/or allow cannabis cafes and lounges?

A unit of local government may regulate and/or allow the on-premises consumption of cannabis at or in a cannabis business establishment within its jurisdiction in a manner consistent with the Act. The Act allows the creation of “cannabis cafes/lounges” in the discretion of the municipality. Cannabis business establishments or other entities authorized or permitted by a municipality to allow on-site consumption shall not be deemed a public place within the meaning of the Smoke Free Illinois Act.