Despite smoke shop owners urging city officials to regulate THC-infused products rather than ban them, the Elgin City Council this week narrowly approved an ordinance that made them illegal.
In a 5-4 vote, the measure makes the advertisement, display, sale or delivery of edible synthetic THC products containing delta-8 or delta-9 illegal without a license from the state. Anyone who violates the rule could face a fine of $1,000 or more.
Smoke shop business owners spoke out against the ban at the Wednesday council meeting, saying the mandate would have a huge negative affect on their businesses. They had an ally in Councilwoman Tish Powell, who asked the council to instead consider an ordinance amendment that would set an age limit for those who buy the products and require that they be kept behind the counter.
Powell said the ban would “negatively impact people in our community that use these products. We are going to negatively impact the same small businesses we purport we want to support in our community.”
While the city can amend the ordinance later, it might be too late to save small businesses hurt by the rule change, she said.
“I want to make sure if this is sold in our community, that it’s done responsibly,” Powell said.
Julian Newsome, owner of 3 Head Smoke Shop on Route 20, told the council he invested $100,000 into his business this year. THC products make up 50% of his sales, he said.
Not only will the ban hurt small store owners, it’s also going to cause the city of Elgin to lose sales tax dollars because people will purchase the items in other communities or online, Newsome said.
Resident Bill Fullilove said the ban will hurt people as well, citing a neighbor who uses THS-infused edible products to counter the effects of her cancer pain.
“I have seen a lot of people use THC to get healing,” he said, adding that he’s never seen teens in any of the stores at which he shops.
Paul Patel, who owns a smoke shop in the Clock Tower Plaza, said he’s been vigilant in following “every single rule and regulation,” and that the products he sells have a QR code that provides a lab report on the level of THC. “We don’t sell to underage kids,” he said.
Patel, who said 40% of his sales were from such products, preferred that the city create regulations, like requiring a license and establish an age limit, rather than passing a ban. “This (ban) would hurt small business owners,” he said.
But not everyone was opposed to making the products illegal. Nicole Wheatley, of the Coalition for a Safe & Healthy Elgin, presented the council with a certificate of appreciation.
“I commend you for taking on this issue,” Wheatley said. “I know it’s an issue that has a lot of conversation back and forth, but I know it’s something that is important for our society, for Elgin in particular.”
There are four bills submitted in the Illinois legislature that would address the sale of THC-infused products, she said. Coalition members plan to meet with lawmakers in Spring field to ask they they approve legislation that would set the same regulations as cannabis and age restrictions, Wheatley said.
Gloria Casas is a freelance reporter for The Courier-News.
