GENEVA – After a special City Council meeting that raged for three and a half hours and included nearly a dozen amendments, Mayor Kevin Burns broke a 5-5 aldermanic tie to approve a zoning amendment to allow for cannabis.

The approved zoning change was more wide-reaching than what was recommended by the Planning and Zoning Commission, in that it permits one medicinal and one recreational marijuana dispensary in several business and industrial districts including the downtown commercial district.

The zoning amendment also limited hours of operation for medical and recreational dispensing to 8 a.m. to 8 p.m.

The zoning amendment also eliminated a 150-foot setback that was previously recommended for processing, infusing or transportation uses in industrial districts and

In taking this action, Geneva joined other municipalities and counties choosing to opt in rather than opt out when a new state law goes into effect Jan. 1, 2020, to regulate and tax marijuana.

The state is the only agency that can license cannabis businesses, but municipalities and counties can impose their own local zoning regulations.

First Ward Alderman Michael Bruno advocated allowing retail sales of both recreational and medicinal marijuana into the zoning ordinance.

"I think it would be hypocritical of us to treat this differently than alcohol and tobacco, which is much more visible to children," Bruno said. "I did a survey of downtown merchants and I got overwhelming support for retail sales downtown. It surprised me, but it has changed my thinking on this. ... I think there might be some lost opportunities if those merchants could not take a swing at the pinata."

Fifth Ward Alderman Craig Maladra argued that their vote was not just a zoning matter.

"The hot point seems to be exactly what Alderman Bruno proposes to put back in," Maladra said. "The debate is whether or not the community of Geneva should facilitate a profit from the legalization of marijuana. The fact is, recreational pot use is upon us. We still have to deal with whatever problems may arise, whether the product was bought in Geneva or elsewhere."

Maladra said the city would not have the same ability to regulate sellers as it does liquor because cannabis sellers would be licensed by the state.

Residents also weighed in on both sides of the issue.

“I oppose marijuana in all forms,” said resident Susan George. “Growing, infusing, selling, medication. I am opposed to it and I plead with you to protect our city."

Resident Marylu O’Halloran said if the city opts in for dispensaries, “It’s giving a clear message that it’s OK. It’s safe to use.”

But Colin Campbell, who said he had taught chemical dependency counseling, said local youth have told him it’s easier to get cannabis than alcohol or heroin.

“Drug laws don’t work,” Campbell said. “Placing it or not placing it will not change that. … ‘Just say no to drugs’ doesn’t work.”

Paula Merrington, a former candidate for alderman, said that marijuana is already freely available in Geneva.

“The horse is out of the barn,” Merrington said. “If the youth want it, they can get it.”

Resident Lauren Biron recommended that those at the meeting take a break and eat some brownies, adding that she would support zoning more broadly to allow cultivation.

Biron said in Colorado, the data from 2005 to 2017 shows youth use of pot has stayed nearly the same, so legalizing it did not have much effect. But, Biron said opioid deaths were reduced by 33% when marijuana was legalized.

“This is not going to have a huge impact on the youth in the way people are fearful about," Biron said. "I think it’s something the adult residents of Geneva should have the opportunity to go purchase.”

Aldermen also heard from a local business owner, Arney Silvestri, of Carousel Candies, 2248 Gary Lane, Geneva, who said he has applied for an infuser license from the state.

Silvestri said the public would never see how the product would come in and out of his facility.

Voting yes were 1st Ward Aldermen Tara Burghart and Bruno, 2nd Ward Alderman Michael Clements, 4th Ward Alderman Jeanne McGowan and 5th Ward Alderman Robert Swanson.

Voting no were 2nd Ward Alderman Richard Marks, 3rd Ward Aldermen Dean Kilburg and Becky Hruby, 4th Ward Alderman Gabriel Kaven and Maladra.