After contentious debate, Elgin bans sale of THC edibles

Following a contentious, hourlong discussion on the dais, the Elgin City Council on Wednesday finalized a citywide ban on the sale of synthetically derived THC edible products by a 5-4 margin.

The ordinance bans 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.

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

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.

Numerous smoke shop owners asked the council to consider age and access restrictions as opposed to a full-on ban, saying up to half their sales come from THC products.

Julian Newsome, owner of 3 Heads Smoke Shop, said that banning the products would be “devastating” to smoke shops in Elgin.

“For you guys to ban something that is 50% of our revenue is kind of crazy,” he said. “They’re (customers) just going to go outside of your city (to buy it), and you guys aren’t going to get any of that tax money.”

Council member Tish Powell proposed an amendment to the ban, instead recommending a 21+ age restriction and moving the products behind counters, similar to a motion that failed during a previous meeting.

Powell said that people’s fears about the dangers of the products or children buying them are being overblown.

“We are trying to solve a problem that doesn’t seem to exist in our community, and as a result of what is being proposed we are going to negatively impact people in our community that use these products,” she said. “We are going to negatively impact the same small businesses that we purport to want to try and support.”

Her proposed amendment failed 5-4. The vote to ban the products completely was supported by council members Dustin Good, Rose Martinez, Anthony Ortiz, Steve Thoren and Mayor David Kaptain.

Kaptain said he preferred the outright ban because he feared that clerks at gas stations and convenience stores wouldn’t be as responsible about enforcing an age restriction as the smoke shop owners would be.

“They have part-time people that come and go, and they may go through 50 employees in a year,” he said. “Doing a 21(+) is going to be problematic. It’ll never be able to be enforced.”

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