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Kane County lifts ban, ushers in marijuana businesses to unincorporated areas

Eight Kane County Board members signaled a change in their views about local recreational-use marijuana operations Tuesday in voting to legalize those businesses in unincorporated areas for the first time.

In all, 20 county board members voted to lift the 2019 ban on pot-related businesses as officials now hope to recruit them to the unincorporated area.

Tuesday's vote established new zoning rules and guidelines, such as preventing recreational-use establishments from opening near schools, religious institutions or government-owned open spaces. The guidelines also will require each business to get a favorable vote from the county board before it can open.

While officials did not rule out dispensaries, they think attracting growing operations is more likely.

The move follows Gov. J.B. Pritzker's signing legislation this month to specifically allow Kane County to begin collecting sales taxes from recreational-use marijuana businesses in the unincorporated areas and municipalities.

The county board approved a 3.25% sales tax on marijuana transactions in November 2019 at the same time it voted to ban pot establishments in the unincorporated areas. However, county officials did not file the proper paperwork to begin collecting the tax and therefore needed specific legislation to allow officials to begin collections next month.

The county lost out on about a year's worth of recreational-use marijuana sales tax collections because of the procedural blunder.

The 14 votes in favor of the 2019 ban followed concerns by Sheriff Ron Hain about his office's limited ability to police the businesses. Hain spent 2020 observing no major increase in crime related to the businesses that came to Kane County municipalities.

Earlier this year, he said he no longer had concerns about legalizing marijuana businesses in Kane County.

With that in mind, eight county board members who voted for the 2019 ban and are still on the board - Deb Allan, Mark Davoust, Mike Kenyon, Bill Lenert, Anita Lewis, John Martin, Monica Silva and Cliff Surges - reversed their positions Tuesday in supporting the legalization. They were joined by 12 colleagues in voting to lift the ban.

Three board members who supported the 2019 ban were the remaining opposition Tuesday: Drew Frasz, Tom Koppie and Barb Wojnicki.

Board member Ken Shepro, who also serves as chairman of the Kane County GOP, voted "present" but voted in support of the zoning regulations.

The move is a win for county board Chair Corinne Pierog, who campaigned in November on a platform that included legalizing recreational-use marijuana businesses. She hailed the vote as a move that will help reduce the illegal sales of opioid drugs to local people seeking pain relief.

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