The sale of gummies, chips and other edibles that contain delta-8 or delta-9 THC will be outlawed in Elgin under an ordinance tentatively approved Wednesday by the Elgin City Council.
If formally adopted at the council’s Feb. 26 meeting, the advertisement, display, sale or delivery of any products contain delta-8 or delta-9 THC — the ingredient in cannabis that creates the drug’s high — would be banned without a state license. The minimum fine for violations would be $1,000 and the cost of lab tests.
However, the decision to move forward was not unanimous. Council members Tish Powell and Carol Rauschenberger voted against it.
Elgin Mayor Dave Kaptain first proposed a motion to ban the products in 2023, but it did not receive serious consideration until Wednesday, when councilmen Anthony Ortiz and Dustin Good resurrected the issue — with an accompanying ordinance.
Products that contain less than .03% of delta-8 or delta-9 THC can legally be sold under a 2018 federal law and typically are available at places like vape/smoke shops, convenience stores and gas stations. State law does not address their sale and there is no state or federal oversight of the products or their THC levels, city officials said.
“This is an unregulated industry, and the state legislature has not yet weighed in on regulating these products within (municipalities),” City Manager Rick Kozal told the council.
The Illinois Senate passed a bill that would ban the sale of delta-8 and delta-9 THC products but it stalled in the House, Ortiz said. It will need to be resubmitted now that a new legislative session has started, he said.
Without assurance that the General Assembly will pass legislation, Elgin’s ordinance will guarantee the products aren’t available in the city, Ortiz said.
One of his concerns, he said, is that the products appear to be marketed to children. One product he bought locally was named “Nerds,” which shares its name with a popular candy, he said.
“The packaging looks like it’s for kids, not adults,” Ortiz said.
He also was able to purchase a batch of homemade cereal sold in an unmarked plastic bag. The store clerk didn’t know how much THC it contained, he said.
The only way to know something’s delta-8 THC content is for the item to be tested in a lab, Ortiz said. As for delta-9 THC, lab tests cannot verify its presence, he said.
Powell said she’d rather the state regulate the sale of such products than for the city to fill the void.
“I would ultimately like to see, and would support, state legislation on this issue because I really do believe there are some safety issues that need to be dealt with,” Powell said. “I would much prefer to see a restriction requiring that products like these be treated like cigarettes and be put behind a counter, and you have to be 21 years old to purchase them.”
As a mother, Powell said she doesn’t want her son having access to the products. However, a ban will hurt businesses that are responsibly selling hemp items, she said.
Councilman Corey Dixon, who suggested tabling Kaptain’s motion in 2023 so the state could take action and more information might become available, said he’s changed his mind.
“I’m going to support this tonight because I do believe it will, hopefully, do more good than harm,” Dixon said. “I’m not going to let another two years go by and have no action taken.”
Kaptain said his arguments in favor of the ban remain same. “The world hasn’t changed. The state of Illinois still hasn’t moved on it,” he said.
“We have to err on the side of caution for the young people who are having access to these obviously flawed advertising and flawed sales of products,” the mayor said. “It’s not going to kill anyone’s business. It’s not going to put smoke shops out of business.”
Communities throughout Illinois have been having similar discussions about bans. The East Dundee Village Board had been considering an ordinance but has since been sued by a business owner who angered by the police department’s seizure of about $8,000 in products, which he charges was an illegal raid.
Gloria Casas is a freelance reporter for The Courier-News.