The Highland Park City Council is considering a citywide ban on the sale of synthetic THC products and kratom, along with restrictions for under 21-year-olds, expanding a ban on the sale at tobacco locations approved last month.
Frustrated the state hasn’t taken action on regulating the “illicit” products, the potential regulation comes at the urging of local state representatives, Highland Park Mayor Nancy Rotering said at a recent meeting, adding that the city has often been a trailblazer in setting policy that’s influenced Springfield.
“We are a community with a certain set of values,” Rotering said at the Committee of the Whole meeting on Dec. 11. “To me, this (ban) represents those values.”
The council members agreed the potential ban on the sale of hemp-derived cannabis products should include cannabis dispensaries — a highly regulated industry.
Use and possession of the product also will be banned for those under the age of 21. Violating the ban could result in a fine consistent with alcohol and tobacco penalties. Businesses that continue to sell the product after the proposed start date of April 1, 2024, could face a penalty as well.
The council will have the opportunity to approve or deny the proposed ordinance at the next City Council meeting in January.
Chemically derived from federally legal hemp, synthetic variations of THC, such as delta-8 THC, delta-10 THC and THC-O, are advertised to have intoxicating effects similar to cannabis. Kratom is a plant that produces stimulant and sedative effects.
There is no age restrictions on the purchase of hemp-derived products.
“They’re not regulated at all,” City Manager Ghida Neukirch said. “The packaging doesn’t include the level of detail that it should as to what is in the package or drink or substance, as well as the effects of it. We feel that is problematic.”
Gummies, vapes and beverages are often marketed toward kids. Neukirch noted that the packaging can be comparable to popular candy brands such as Sour Patch Kids.
“Now that the market and sciences have been able to evolve, you see so many different types of products being sold, and there’s no age restriction on that,” state Rep. Bob Morgan, D-Highland Park, said.
Two years ago, Morgan introduced legislation in the Illinois General Assembly to regulate the products, many of which are coming from out-of-state, but it went nowhere.
“There is a risk of harm to children when we don’t know what’s in these products,” he said. “That troubles me as a regulator, and also a parent.”
The local ban is in the best interest of public health and safety, a memo from city staff said. The synthetic cannabis can cause adverse health effects, including hallucinations, vomiting and tremors.
Last month, the council approved a ban on the sale of the unregulated THC products at tobacco establishments, which took effect after the council’s approval on Nov. 13.
After the ban at tobacco establishments, Neukirch said a majority of the council wanted to discuss expanding the ban.
A review of local business by city staff found that hemp-derived products are commonly sold by businesses that don’t require a tobacco license, such as grocery stores, spas, salon businesses and gas stations.
Feedback from local businesses to city staff included concerns related to current inventory, pending deliveries and lack of understanding as to which products can no longer be sold.
Recently, neighboring municipalities have issued similar bans and restrictions on synthetic cannabis products.
In November, Barrington prohibited the sale, possession and use for all ages; Antioch banned the sale of the products at all stores. In Elk Grove Village, an ordinance just took effect banning the sale of any product containing THC.
Neukirch said if the ordinance is approved in January, the city will share the ordinance with neighboring communities, the Metro Mayors Caucus and the Northwest Municipal Conference.
Regulations are shared with all municipalities when they are strongly urged to be implemented on a greater scale, said the city manager.
“We do feel that it would be most effective as a statewide policy, but according to our state officials, the state is not yet ready to advance such proposed legislation,” Neukirch said. “So having municipalities consider this type of regulation perhaps could motivate the states to advance such laws.”
Other municipal partners have asked the state to provide clear regulation on the products, Morgan said but, “the state has not provided that kind of clarity.”
“It’s undisputed that there is a gap in regulation,” he said.
