Elgin moves to ban sale of THC products

Saying they couldn’t wait any longer for the state to provide guidance, Elgin City Council members on Wednesday granted preliminary approval of a citywide ban on sales of synthetically derived THC products.

The ordinance, which needs final approval during an upcoming city council meeting, would ban the advertisement, display, sale and delivery of Tetrahydrocannabinol, or THC, products without a state license.

It would not criminalize possession and would only apply to edibles, as opposed to products like lotions that contain THC.

The products, most of which contain synthetically derived versions of Delta-8 THC and Delta-9 THC, are frequently sold at vape and smoke shops as well as gas stations and convenience stores as edible gummies in packaging that resembles candy.

Unlike cannabis, which is heavily regulated and taxed by the state, synthetically derived THC products are unregulated, untested and potentially dangerous, opponents say.

A ban had been previously discussed by the council in 2023, but the issue was tabled due to pending state legislation that ultimately was never brought to a vote.

Council members Anthony Ortiz and Dustin Good reintroduced the idea of banning the products in Illinois pending direction from the state.

“Marijuana is regulated, and I’m a supporter of marijuana and the cannabis industry,” Ortiz said. “But at this time, I can’t be a supporter of this because we don’t know what this is.”

Ortiz brought several products he purchased from local stores, many of which looked like popular candy brands.

“The packaging looks like it’s packaged toward kids, not an adult,” Ortiz said, opening several packages at the dais. “This one is a gummy, and anybody can buy it at any age.”

Good said the ordinance could be amended as they learn more about the products or get more guidance from the state.

“In this case, I think what we’re looking at is how do we make sure that the community is safe, that kids are safe, and they’re not being sold or directly marketed to,” he said.

Ortiz said other municipalities, including Antioch, Des Plaines, Elk Grove Village, Highland Park, Lake Zurich, Waukegan and Wheeling, have moved to ban or restrict the products.

The ordinance calls for fines of not less than $1,000 for violations plus reimbursement of any testing costs incurred by the city.

Council members Tish Powell and Carol Rauschenburger were the lone dissenters in the 7-2 vote.

Both indicated they would prefer a 21+ age restriction and to move the products behind counters over an outright ban.

A motion by Rauschenburger to amend the proposal from a ban to restricted sales was defeated 5-4.

“I think what we’re going to do is, we’re going to hurt the responsible hemp and business owners that sell items,” Powell said. “I think we need to be real careful about what we’re doing at this level, at the local level, about who it’s going to hurt and who it’s going to help.”

Kaptain said he brought the item to the council in 2023.

“The arguments have been the same, the world hasn’t changed. The state of Illinois still hasn’t moved on it,” he said. “It’s not going to kill anybody’s business, it’s not going to put a smoke shop out of business if they can’t sell it,” he said.

Council member Corey Dixon, who said he tabled the issue two years ago so they could get direction from the state, also supported the failed motion but said he didn’t want to wait another two years for the state to take action.

“We tabled it and gave them the opportunity,” he said. “But I’m going to support this tonight because I do believe it’s going to do more good than harm.”