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Elgin City Council rejects delay of ban on synthetic THC product sales

Despite pleas from several local business owners, the Elgin City Council voted against a proposal last week that would delay the effective date of their ordinance banning the sale of synthetically derived THC edible products.

The council approved a ban on the advertisement, display, sale and delivery of Tetrahydrocannabinol, or THC, products without a state license in late February.

On Wednesday, a proposal to push back the ban to begin in late August, allowing stores to sell their current inventory, failed by a 5-4 margin. The same council members who approved the ban rejected the delay.

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.

Julian Newsome, owner of 3 Heads Smoke Shop, said the city was “on the wrong side of progress” with the ban and that people would buy the products in neighboring communities.

“Everybody still wants to buy this. You’re just putting us at a competitive disadvantage,” he said. “That’s why all of our shops will shut down if you do this ban.”

Newsome said the shops would welcome regulations like age restrictions as opposed to an outright ban. Two motions brought before the council at previous meetings recommending a 21+ age restriction and moving the products behind counters failed, with opponents arguing such restrictions would be difficult to enforce.

“For you guys to sit here and tell people you can’t regulate it, but you can ban it, is absolutely ridiculous and outrageous,” he said.

Council member Carol Rauschenberger noted the products are legal to sell not just in Illinois but throughout the country.

“I think this is overreacting, personally,” she said of the ban.

Many products that contain synthetic-derived THC are packaged to look like popular candies and snacks. Capitol News Illinois photo by Andrew Campbell

Council member Dustin Good, who, along with member Anthony Ortiz, led the effort to ban the sale, said that unlike cannabis, which is heavily regulated and taxed by the state, synthetically derived THC products are unregulated, untested and potentially dangerous.

“This is a health issue,” Good said, reminding people of why they banned the products in the first place. “These were being marketed in a way that was targeting children.”

Good, Rose Martinez, Ortiz, Steve Thoren and Mayor David Kaptain voted against the delay.

Violating the ordinance results in fines of at least $1,000, in addition to reimbursing any testing costs incurred by the city.

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