HomeMy WebLinkAboutOrd 6795 07/15/2025 Appendix A, Division III Of The Mount Prospect Village Code To Prohibit Sale And Possession Of Unregulated THC Products, Kratom, And Tianeptine, And Establish Penalties In Mount Prospect, IllinoisORDINANCE NO.6795
AN ORDINANCE AMENDING CHAPTER 23 (OFFENSES AND MISCELLANEOUS
REGULATIONS) AND APPENDIX A, DIVISION III OF THE MOUNT PROSPECT
VILLAGE CODE TO PROHIBIT SALE AND POSSESSION OF UNREGULATED THC
PRODUCTS, KRATOM, AND TIANEPTINE, AND ESTABLISH PENALTIES
IN MOUNT P.RO$PFCT1JLU,NO-I$
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:
SEI TIOI L.ON ;_ KITALS. The foregoing recitals are incorporated into, and made a part of,
this Ordinance as the findings of the Village Board.
$E:CTION TKO.: PRON.IITIErN_--_OF SAFE DE -ILLICIT ICIT T:F-IO..PF!.I..UOTS, .IRAT01e, 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, AND TIANEPTINE 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.
Ordinance No. 6795
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
Ordinance No. 6795
C. That contains: (1) any amount of synthesized tetra hydrocannabinol (THC) of any kind,
inclusive of acid forms, regardless of name, and including but not limited to THC-O,
delta-8 tetrahydrocannabinol, and delta-10 tetrahydrocannabinol, (2) a total delta-9
tetrahydrocannabinol concentration level in excess of 0.3% on a dry weight basis, (3)
a total delta-9 tetrahydrocannabinol 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 tetrahydrocannabinol 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: [TotaITHC= (0.877 x THCA) +THC] which calculates the potentialtotal
THC in a given sample.
23.2603: SALE OF ILLICIT THC 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: POSSESSION OF ILLICIT THC PRODUCTS, KRATOM, AND TIANEPTINE BY
UNDERAGE PERSONS PROHIBITED:
A. Possession By Underage Persons Prohibited: It shall be unlawful for any person under
eighteen (18) years of age to possess any illicit THC, Kratom, or Tianeptine product
within the Village.
23.2605: PENALTIES
Except as set forth in subsection B or C of this section or unless another penalty is set forth
in this article, every person found guilty of a violation of any other provision of this article
shall be subject to a fine for each offense as set forth in Appendix A, Division III of this code.
Ordinance No.6795
A. A separate offense shall be deemed to have been committed on each day during or
on which a violation occurs or continues. Any fines set forth in this article shall be
assessed regardless of whether the violator is convicted or placed on supervision by
the court. If the court is of the opinion that the ends of justice would be better served
by requiring community service of the violator or a combination of a fine and
community service, the fine may be as setforth in Appendix A, Division III of this code.
B. In lieu of filing a formal complaint, which requires an appearance in the circuit court
of Cook County, the village may issue a citation to the violator. The citation shall be
on a standard form for use in the circuit court of Cook County or shall be in the form
of a notice suitable for mailing and shall state the specific section of this article that
was violated and shall inform the violator that he/she may settle the violation and
avoid an appearance in court for the violation in the following manner:
1. The violator may settle the violation claim by payment at a designated
department of the village of an amount as set forth in Appendix A, Division III
of this code, within ten (10) days following the issuance of the citation, or by
depositing the preaddressed citation with payment enclosed and with
appropriate postage affixed, in the U.S. mail.
2. If the claim is not settled within the first period of ten (10) days, then the
violator may settle the violation claim by payment at a designated department
of the village of an amount as set forth in Appendix A, Division III of this code,
within ten (10) days following the issuance of a notice of nonpayment, or by
depositing the preaddressed citation, with payment enclosed and with
appropriate postage affixed, in the U.S. mail during that period.
3. In the event that no settlement payment is made within the ten (10) day period
prescribed in the final notice, then the village shall cause a "notice to appear"
to be served upon the violator or shall file a complaint with respect to the
violation and the same shall be processed in the circuit court of Cook County.
C. Aviolation of the prohibition of the sale of illicit THC products, kratom, and tianeptine
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."
SE.?CT1.0 N TFMR E: AM_EN1 JN1.ENT TO A NDIX A -DIVISION 11.', ENA.LTI S AND FIN .$
'
Appendix A, Division III of the Mount Prospect Village Code is hereby amended to include
the following penalties related to Chapter 23, Article XXVI:
CHAPTER 23 - OFFENSES AND MISCELLANEOUS REGULATIONS
"Section 23.2603: SALE OF ILLICIT THC PRODUCTS, KRATOM, AND TIANEPTINE
PROHIBITED: 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,
Ordinance No. 6795
constituting grounds for suspension or revocation of a business license pursuant to Section
11.302 of this code.
Section 23.2604: POSSESSION OF ILLICIT THC PRODUCTS, KRATOM, AND TIANEPTINE BY
UNDERAGE PERSONS PROHIBITED: It shall be unlawful for any person under eighteen (18)
years of age to possess any illicit THC, kratom, or tianeptine product within the Village.
$100.00."
aI=CTICi If..F. 1 _P PHASED .. ..#ml P . M i ATION A I . T ,. �' R Y � T RUCTION
,[.! M .
This Ordinance shall take effect ten (10) days after its passage, approval, and publication in
pamphlet form in the manner provided by law.
For the period beginning on the effective date and continuing through the ninetieth (90th)
day following the Ordinance's passage, the sale or delivery of any product defined herein as
an illicit THC product, kratom, or tianeptine shall be prohibited to any person under twenty-
one (21) years of age.
Beginning on the ninety-first (91st) day following passage of this Ordinance, the sale or
deliveryof such products shall be prohibited entirelywithin the Village of Mount Prospect.
SE,CTIOh, EIE...E,EN � TIVE QATE. This Ordinance shall be in full force and effect [10 days]
after its passage, approval, and publications in pamphlet form in the manner provided by
law.
AYES: Dante, DiPrima, Gens, Grossi, Matuszak, Saccotelli
NAYS: None
ABSENT: None
PASSED and APPROVED this 15th day of July, 2025
ATTEST:
Karen M. Agoranos, Village Clerk
Village Clerk
Ordinance No. 6795