Freeport Approves First Cannabis Dispensary After Tie Vote

April 7, 2026 — Freeport, Illinois

The Freeport City Council approved a Special Use Permit Monday night allowing an adult-use cannabis dispensary to operate at 2725 IL Route 26 South, marking the first such facility within both the city and Stephenson County.

The measure, Ordinance #2026-17, passed following a 4–4 tie vote, with Mayor Jodi Miller casting the deciding vote.

Ordinance Overview

The ordinance grants Botavi Wellness, LLC approval to operate a cannabis dispensing facility within a property zoned B-3 Commercial and Wholesale Business District.

Under Freeport’s zoning code, cannabis dispensaries are permitted only through a Special Use Permit, which requires the city to evaluate site-specific factors including compatibility with surrounding land uses, traffic impact, and adherence to regulatory requirements.

The proposed site—formerly a restaurant—sits within a commercial corridor near major retailers and is one of the limited locations in the city that meets required distance restrictions from schools, daycares, and residential areas.

Review Process and Recommendations

The proposal underwent review by both the Zoning Board of Appeals and the Planning Commission, each of which recommended approval prior to reaching the City Council.

While the State of Illinois regulates licensing and operational standards for cannabis businesses, municipalities retain authority over zoning and placement, making the Special Use Permit the primary mechanism for local control.

Revenue Projections

During the council meeting, discussion centered heavily on projected revenue.

Community and Economic Development Director Gertrude Heimerdinger presented estimates indicating:

• 6.25% of total sales would be collected by the City of Freeport

• Initial revenue of $18,750 to $31,250 per month during the first three months

• Ongoing revenue of $37,500 to $62,500 per month thereafter

• Annual projections ranging from $500,000 to $750,000

5th Ward Alderwoman Stacy questioned whether the additional revenue could be directed toward a specific purpose rather than placed in the general fund. City officials indicated that any such allocation would require separate council action.

Traffic and Development Considerations

Traffic projections became a point of clarification during the meeting.

While earlier discussions suggested the dispensary could increase activity in the area, city staff clarified that the anticipated impact would be relatively limited:

• Approximately 30 vehicles per hour are expected from the dispensary

• By comparison, a typical small restaurant could generate approximately 100 vehicles per hour

This distinction framed the dispensary as a lower-impact use, rather than a significant driver of new traffic.

Council Vote

The ordinance resulted in a divided council, with no detailed explanation provided during the meeting regarding individual votes.

Voting in favor:

• 1st Ward Alderman Tommy Klemm

• 4th Ward Alderman Parker

• 6th Ward Alderman Shadle

• Alderwoman-at-Large Sellers

Voting against:

• 2nd Ward Alderwoman Johnson

• 3rd Ward Alderwoman Simmons

• 5th Ward Alderwoman Stacy

• 7th Ward Alderman Sanders

With the vote tied, Mayor Miller cast the deciding vote to approve the ordinance.

The reasoning behind the opposing votes was not formally stated.

Business Background

The dispensary will be operated by Botavi Wellness, LLC, a Chicago-based company formed in 2019.

State records list the company’s principal address in Chicago, with ownership and management tied to individuals based in the Chicago area. The company operates under the retail brand “Nirvana”, with multiple locations across Illinois.

The Freeport location represents an expansion into a new market by an established operator, rather than a locally owned business within Stephenson County.

Local Impact

The approved site has remained vacant since 2022 and is located within a heavily trafficked commercial corridor.

City officials indicated the project meets all zoning requirements and could contribute to activity in the area, while operating under strict state and local regulations.

Analysis | Joshua T. Atkinson, Chairman – Fighting4Freeport

The approval of Ordinance #2026-17 reflects more than a single land-use decision. It highlights a broader pattern in how development, revenue, and long-term planning are being approached in Freeport.

One of the most notable aspects of the meeting was the confusion surrounding the central argument for the proposal. What had been presented publicly as an opportunity to increase traffic and economic activity was ultimately clarified during discussion as a lower-impact alternative to other potential uses.

Despite that shift, the vote proceeded.

When a clear misunderstanding goes unsettled, it raises a reasonable expectation that the council would pause to reassess—not only for clarity, but to ensure the decision aligns with long-term goals. That did not occur.

From a future development standpoint, traffic is not just a number—it is an indicator of opportunity. A growth of 100 vehicles per hour presents a fundamentally different level of economic potential than one designed around 30 vehicles per hour.

If you were a developer or a business owner evaluating where to invest, the answer is straightforward.

Higher traffic brings higher visibility.
Higher visibility brings more customers.
More customers bring more sustained growth.

By framing higher traffic as a problem to be avoided rather than an opportunity to be planned for, the city risks limiting its own ceiling.

The approval also introduces a Chicago-based business into the Freeport market, a point that received no mention during the process.

For a community that has often expressed concern regarding outside influence—particularly from Chicago—that absence is notable.

Perhaps it reflects a shift. Perhaps Freeport is becoming more open to outside investment.

At the same time, this decision effectively removes what could have been a locally owned opportunity, given the limited number of dispensary approvals available within the region. While a local business owner is ideal it is not always a reality.

That is not a small tradeoff.

There is also a broader quality-of-life consideration that continues to surface within the community. Residents have raised concerns about the increasing presence of cannabis odor in public spaces during warmer months, impacting how people experience their neighborhoods and, in some cases, how they use their own homes.

Ultimately, this decision reflects a familiar pattern.

A willingness to accept immediate, predictable revenue—in this case, an estimated half a million dollars annually—without fully exploring what a more deliberate, long-term strategy could produce.

With stronger foresight, clearer alignment, and more thorough discussion, it is reasonable to believe that the same corridor could support development generating millions in long-term economic activity, not just hundreds of thousands in near-term tax revenue.

The issue is not the dispensary itself. The issue is the framework behind the decision.

Freeport does not suffer from a lack of opportunity. It suffers from a pattern of settling for less than what that opportunity could become.

And until that changes, the gap between what is possible and what is pursued will continue to define the city’s growth.