HomeMy WebLinkAbout5.2 Amendments to Village Code Prohibiting the Sale of Illicit THC Products, Kratom and TianeptineM+awn �'xyt�lts�=e
Item Cover Page
Subject Amendments to Village Code Prohibiting the Sale of Illicit THC
Products, Kratom and Tianeptine
Meeting July 8, 2025 - SPECIAL VILLAGE BOARD MEETING AND
COMMITTEE OF THE WHOLE OF THE MOUNT PROSPECT
COMMITTEE OF THE WHOLE
Fiscal Impact N
Dollar Amount
Budget Source
Category COMMITTEE OF THE WHOLE
Type Presentation
Information
Retail stores in the Village and surrounding communities have seen a rapid increase in the sale
of unregulated and untested products derived from industrial hemp, and psychoactive
substances known as Kratom and Tianeptine. Marketed as alternatives to cannabis and often
producing similar effects, these products are not subject to the same regulatory oversight,
safety inspections, or taxation as legally authorized cannabis or pharmaceutical drugs.
Discussion
The Illinois General Assembly enacted the Cannabis Regulation and Tax Act (CRTA) in 2019,
legalizing the cultivation, sale, and consumption of cannabis statewide. Along with the earlier
Compassionate Use of Medical Cannabis Program Act, the CRTA requires cannabis to be
grown, processed, and sold exclusively by state of Illinois licensed facilities. Licensed facilities
must comply with strict regulations ensuring the quality, potency, and purity of cannabis
products. Legally sold cannabis must be free from harmful pesticides and additives and cannot
be sold to individuals under 21, except for certain patients under the medical cannabis
program.
Although commonly viewed as separate, "cannabis" and "hemp" are actually strains of the
same plant— Cannabis sativa. The key legal distinction lies in the concentration of delta-9
tetra hydrocannabinol (Delta-9 THC). Plants containing 0.3% or less Delta-9 THC by dry weight
are classified as industrial hemp and are not regulated under the CRTA or Medical Use Act.
Plants exceeding this threshold are considered cannabis and subject to state regulation.
The 2018 Federal Farm Bill legalized the cultivation of industrial hemp based on the
assumption that it was non -intoxicating. However, Cannabis sativa contains over 100 naturally
occurring cannabinoids, some of which —such as Delta-8 THC, Delta-10 TCH and TCH-0—can
produce intoxicating effects similar to Delta-9 THC. These compounds can be synthesized from
industrial hemp, placing them in a regulatory gray area: they are not governed by state
cannabis laws nor listed on the federal drug schedules under the Controlled Substances Act.
As a result, they are often sold in unlicensed storefronts without oversight, safety testing, or
tax obligations. Municipalities across Illinois have responded by implementing local bans.
Additionally, Village staff has identified increased local availability of Kratom, a botanical
substance from Southeast Asia with psychoactive properties, and Tianeptine, a synthetic
compound often sold in convenience stores and gas stations under misleading names such as
"Zaza" or "Tianna." While marketed as mood enhancers or nootropics, Tianeptine has been
linked to serious health risks including addiction, withdrawal symptoms, and overdose. It is
not approved by the FDA and has been banned or restricted in multiple states. Many of these
retail products are displayed and sold in environments that mimic state -licensed dispensaries,
increasing the risk of consumer confusion and youth access. These products are unregulated,
untested, untaxed, and present growing concerns for public health and safety.
After review, Village staff concluded that the sale of unregulated THC products, Kratom, and
Tianeptine is not in the best interest of the Village or its residents and may pose risks to
consumer safety and community welfare. These products lack safety testing, do not comply
with potency standards, and are not subject to applicable state and local taxes.
Communities in the area are starting to regulate THC products, Kratom, and Tianeptine. The
table below shows the dates when municipalities enacted ordinances to ban Delta-8 THC,
Kratom, and Tianeptine.
Municipalitity
Delta 8 - THC
Kratom
Tianeptine
Notes
Antioch
11 /29/2023
11 /29/2023
Barrington
11/27/2023
Bans Delta 8 or
9 THC, or any
combination
thereof.
Buffalo Grove
Allows the sale
of THC products
only at licensed
recreational
marijuana
dispensaries.
Des Plaines
6/3/2024
6/3/2024
Elgin
2/26/2025
Ban only on
edibles
Elk Grove Village
12/9/2023
2/11/2025
Highland Park
1//29/2024
1//29/2024
Banned for those
under the age of
21, effective
4/1 /2024
Lake Zurich
8/5/2024
8/5/2024
Delta 8 - THC
ban effective
1 /1 /2025
Oak Park
3/18/2025
3/18/2025
Banned for those
under the age of
21, effective
6/1 /2025
Park Ridge
4/21/2025
4/21/2025
Banned for those
under the age of
21
Rolling Meadows
10/22/2024
10/22/2024
10/22/2024
Wheeling
11/6/2023
THC ban
effective
1 /1 /2024
Kratom is illegal to buy, sell, possess or use in Indiana and Wisconsin. In Illinois, Kratom is
legal for those over the age of 18, except for municipalities that have banned the substance.
Alternatives
1. Consider an ordinance amending Chapter 23 of the Village Code (Offenses and
Miscellaneous Regulations) to prohibit the sale of "Illicit THC Products", Kratom, and
Tianeptine.
2. Action at the discretion of the Village Board.
Staff Recommendation
The Village Board is asked to consider an ordinance amending Chapter 23 of the Village Code
(Offenses and Miscellaneous Regulations) to prohibit the sale of "Illicit THC Products", Kratom,
and Tianeptine. The draft ordinance prepared by staff includes a grace period to allow existing
businesses to sell or safely dispose of their current inventory. The Village Board is asked to
determine the appropriate length of this grace period. Importantly, the ordinance would not
prohibit the future operation of state -licensed cannabis dispensaries in the Village.
Attachments
THC-KRATOM-TIANEPTINE ORDINANCE
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 (OFFENSES AND MISCELLANEOUS
REGULATIONS) OF THE MOUNT PROSPECT VILLAGE CODE TO PROHIBIT SALE OF
UNREGULATED THC PRODUCTS, KRATOM, AND TIANEPTINE, AND ESTABLISHING
PENALTIES IN MOUNT PROSPECT, ILLINOIS
WHEREAS, the sale of hemp -derived intoxicating products (e.g., Delta-8, Delta-10, THC-O)
Kratom, and substances such as Tianeptine remains largely unregulated —without testing,
potency controls, labeling standards, or taxation —and presents health, safety, and
consumer -protection concerns; and
WHEREAS, the Village Board finds these products are misleadingto consumers, pose a risk
to public health, and are inconsistent with the regulatory and tax framework for legal
cannabis and controlled substances;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF
THEIR HOME RULE POWERS:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of,
this Ordinance as the findings of the Village Board.
SECTION TWO: PROHIBITION OF SALE OF ILLICIT THC PRODUCTS, KRATOM, AND
TIANEPTINE
Chapter 23, titled "Offenses and Miscellaneous Regulations" of the Village Code is hereby
amended by adding a new Article XXVI, which shall be and read as follows:
"Article XXVI. SALE OF ILLICITTHC PRODUCTS, KRATOM, ANDTIANEPTINE PROHIBITED
23.2601: STATEMENT OF FINDINGS AND PURPOSE:
A. The Village Board of Trustees hereby finds and declares the following:
1. The State of Illinois has established a comprehensive legal framework for the
regulation, testing, and taxation of cannabis products through the Cannabis
Regulation and Tax Act (CRTA) and the Compassionate Use of Medical
Cannabis Program Act.
2. In contrast, hemp -derived intoxicants — such as Delta-8 THC, Delta-10 THC,
THC-O, and other synthetic or semi -synthetic cannabinoids —are not subject
to comparable regulation or quality controls and may be legally sold outside
of the state's licensed cannabis framework.
3. These unregulated products are frequently manufactured using chemical
processes, lack independent testing for potency or safety, and may contain
harmful adulterants or contaminants.
4. Kratom, a psychoactive botanical substance, and Tianeptine, a synthetic
compound with opioid-like effects, are similarly unregulated at the state and
federal level and have been associated with adverse health outcomes,
including addiction, withdrawal, and overdose when misused.
5. Tianeptine, although not approved by the U.S. Food and Drug Administration,
is increasingly marketed in convenience stores and gas stations as a mood
enhancer or nootropic despite its risks of dependency and overdose.
6. The availability of these substances, particularly in unregulated and
misleading commercial environments, poses risks to public health, youth,
and vulnerable populations, and undermines legitimate state -licensed
systems for cannabis and pharmaceuticals.
7. These products are not subject to the same taxation as legal cannabis,
creating economic disparities and reducing public revenues.
8. Numerous Illinois municipalities have enacted similar bans or restrictions in
the interest of protecting public health, consumer safety, and community
welfare.
B. Purpose:
1. The purpose of this article is to protect the health, safety, and welfare of
Village residents by prohibiting the sale, distribution, and marketing of
unregulated intoxicating products that are not subject to established quality
standards or oversight. This includes:
i. Synthetic and semi -synthetic cannabinoids derived from industrial
hemp that are marketed for intoxicating effects but are not regulated
under Illinois cannabis law;
ii. Kratom and kratom-containing products, which present similar risks
due to lack of regulatory controls;
iii. Tianeptine-containing products, often misleadingly marketed and
posing significant risk of abuse;
iv. Preventing the misleading appearance of legitimacy associated with
the retail sale of these products in storefronts that resemble licensed
cannabis dispensaries;
v. Preserving the integrity of the Village's commercial environment and
aligning local policies with best practices adopted by neighboring and
peer municipalities.
2. This amendment is intended to close a regulatory gap and ensure that only
properly tested, taxed, and state -regulated products are offered for sale
within the Village.
23.2602: DEFINITIONS:
For the purposes of this Chapter, the following terms have the meanings ascribed to them
in this article unless different meanings are plainly indicated by the context:
ILLICIT THC PRODUCT: Any product, material, compound, isomer, acid, salt, mixture, or
preparation:
A. Used or intended for human consumption;
B. That is not made, manufactured sold, given away, bartered, exchanged, distributed,
furnished, marketed, advertised, or otherwise held out for sale by cannabis business
establishments duly licensed under the Compassionate Use of Medical Cannabis
Program Act (410 ILCS 130/1, et seq.) or the Cannabis Regulation and Tax Act (410
ILCS 705/1-1 et seq.); and
C. That contains: (1) any amount of synthesized tetrahydrocannabinol (THC) of any kind,
inclusive of acid forms, regardless of name, and including but not limited to THC-O,
delta-8 tetra hydrocannabinol, and delta-10 tetrahydrocannabinol, (2) a total delta-9
tetrahydrocannabinol concentration level in excess of 0.3% on a dryweight basis, (3)
a total delta-9 tetra hydrocannabinol content in excess of 0.5 milligrams per labeled
serving or individual unit or 2.5 milligrams per package regardless of the number of
labeled servings or individual units herein, (4) kratom, as that term is defined in
Section 5(a) of the Illinois Kratom Control Act, 720 ILCS 642/5(a), as may be
amended, or (5) Tianeptine in any form, including but not limited to tianeptine sulfate
and tianeptine sodium.
KRATOM: Any parts of the plant mitragyna speciosa, whether growing or not, and any
compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but
not limited to mitragynine and 7-hydroxymitragynine.
SYNTHESIZED THC: Tetrahydrocannabinol synthesized in a laboratory or by industry using
directed or biosynthetic chemistry rather than traditional food preparation techniques such
as heating or extracting.
TIANEPTINE: The chemical 7-((3-chloro-6-methyl-5, 5-dioxido-6, 11-dihydrodibenzo
[c,f][1,2] thiazepin-11-y1)amino) heptanoic acid, and any compound, manufacture, salt,
derivative, mixture, or preparation thereof.
TOTAL DELTA-9 THC CONTENT: The value determined after the process of decarboxylation,
or the application of a conversion factor if the testing methodology does not include
decarboxylation, that expressed the potential total delta-9 tetra hydrocannabinol content
derived from the sum of the THC and THCA content and reported on a dry weight basis, to
be calculated either by using a chromatograph technique using heat, such as
gaschromatography, through which THCA is converted from its acid form to its neutral form,
or by using a liquid chromatograph technique, which keeps the THCA intact, and using the
following conversion: [Tota[THC= (0.877 x THCA) + THC] which calculates the potential total
THC in a given sample.
23.2603: SALE OF ILLICITTHC PRODUCTS, KRATOM, AND TIANEPTINE PROHIBITED:
It shall be unlawful for any retail establishment to sell, or offer for sale, give away, or deliver
any illicit THC product, kratom, or tianeptine.
23.2604: PENALTIES
Any person and/or retail business whose agent or employee violates this Article shall be
fined not less than $200.00 and not more than $750.00 for each offense, and every day on
which a violation occurs or continues shall be considered a separate and distinct offense.
In addition, a violation of this prohibition shall be considered a nuisance in fact and a clear
and present danger to the public health, safety, or general welfare, constituting grounds for
suspension or revocation of a business license pursuant to Section 11.302 of this code."
SECTION THREE: EFFECTIVE DATE. This Ordinance shall be in full force and effect [120
days] after its passage, approval, and publications in pamphlet form in the manner provided
by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 15th day of July, 2025
Paul Wm. Hoefert, Mayor
ATTEST:
Karen M. Agoranos, Village Clerk
Village Clerk