Wheaton eyes ban on sale of delta-8 THC, ‘gas station heroin’ and other products

Wheaton is poised to join an increasing number of suburban towns in banning the sale of certain psychoactive products that are typically available at gas stations and vape shops.

The city has drafted an ordinance prohibiting the sale of products containing substances such as delta-8 tetrahydrocannabinol, or THC.

The Food and Drug Administration in 2024 warned of several companies selling delta-8 THC products that closely resemble popular snack food brands “by using similar brand names, logos, or pictures on packaging that consumers, especially children, may confuse with traditional foods.”

Wheaton has also moved to ban the sale of kratom, recreational nitrous oxide and tianeptine products.

According to the FDA, tianeptine has been referred to as “gas station heroin” with product names including Tianaa, Zaza, Neptune’s Fix, Pegasus and TD Red. It’s not approved by the FDA for any medical use.

Wheaton City Manager Michael Dzugan said the proposed ban was prompted by “the proliferation of these products, complaints we have received from residents that there's no current regulation on them, and then also our inability to provide meaningful law enforcement.”

Under the ordinance, their sale and distribution would be considered a “public nuisance.”

“These products are often accessible to minors, inconsistently labeled, and may pose significant health risks. Many jurisdictions have already taken action to restrict or ban their sale,” Dzugan wrote in a memo to the city council.

Last year, a loophole in the 2018 federal farm bill was closed and included new prohibitions on hemp-derived products, including THC, Dzugan wrote.

However, “that does not take effect until November of this year, plus we are very concerned with the ability of the federal government to enforce it,” he told the city council Monday.

Council members didn’t have a discussion on the draft ordinance as written. Monday’s meeting included only its first reading.

“Then once we experience what enforcement will be like in November, we might strengthen this ordinance or loosen it up,” Dzugan said. “So we are recommending that we move forward with this.”