Northbrook dismisses complaint against Wake-N-Bakery
Citing a gray area regarding licensing, the Village of Northbrook has voluntarily dismissed a citation issued in February against Wake-N-Bakery.
The village is contacting state officials to ascertain the legal status of the bakery at 2776 Dundee Road and other sellers' products infused with hemp-derived CBD and Delta-8 THC.
The Northbrook Wake-N-Bakery franchise, which opened Feb. 7, sells baked goods infused with Delta-8 THC and drinks that may be purchased with or without Delta-8 THC added, to people 21 years and older.
An initial Wake-N-Bakery corporate location in Chicago's Lakeview neighborhood has operated since December 2019, with a Wicker Park location added this past March.
"There appear to be no laws in Illinois restricting the infusion or consumption of Delta-8 THC," Northbrook Village Manager Cara Pavlicek stated in an email to the Herald. The village rescinded its complaint on June 3.
Made federally legal under the 2018 Farm Bill, and legal in most states including Illinois, Delta-8 is a compound derived from hemp that contains less than .3% THC content by dry weight.
"State legislation is a necessary remedy to establish rules and regulations so that municipalities will know what regulations are to be enforced at the state and county level," Pavlicek stated in the email.
"Based upon this information, the village has voluntarily dismissed the previously issued citation for an administrative determination of their business license, as the Hemp Processor license issued by the Department of Agriculture is not under the purview of the village to review."
Wake-N-Bakery co-owners Eric and Waylet Harper declined to comment.
On Feb. 21, the village served Wake-N-Bakery and company president Harper with notice that the business license for the shop violated several village code provisions. The notice said the shop may be subject to fines and penalties, including suspension and revocation of its license.
A village hearing initially was proposed for March 25 but never occurred, as each party's attorneys worked together to resolve the issue.
The complaint provided to the Herald listed five violations of Section 15-41 of Village Code: misrepresentation of any facts on a business license application; failure to comply with conditions prior to the approval of the license; and refusal to admit or allow regulatory inspectors to take adequate samples.
Also, conducting a licensed business that constitutes a menace to the public's health, safety and welfare; and conducting a licensed business in violation of applicable state statute or administrative regulation.
Harper has a license granted by the State of Illinois' Department of Agriculture, Bureau of Medicinal Plants recognizing his corporation as a registered industrial hemp producer,
Northbrook "doesn't have authority, as a municipal government, to review the hemp license," Pavlicek said.
Wake-N-Bakery does not hold a state-issued license as a cannabis business establishment, Pavlicek noted in her June 6 email.
"The owners of this business and its legal counsel have asserted that the food and drink items that they sell are fully compliant with state and federal law, as the production of hemp and products derived from hemp had been legalized by the 2018 Federal Farm Bill," the email added.
Speaking with the Herald on June 6, Pavlicek said: "We just don't like to be in the middle of a business operation."