HomeMy WebLinkAboutORDINANCE - 3804 - 3/28/2023 - PROHIBITION ON SALE OF PRODUCTS CONTAINING TETRAHYDROCANNABINOL, THCORDINANCE NO.3804
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE B OF TITLE 3, CIGARETTE
AND TOBACCO DEALERS, ALTERNATIVE NICOTINE PRODUCTS BY ENACTING
A PROHIBITION ON THE SALE OF PRODUCTS CONTAINING
TETRAHYDROCANNABINOL (THC) IN LICENSED TOBACCO DEALER
ESTABLISHMENTS
WHEREAS, the Village of Elk Grove Village (the "Village") is a home rule municipality.
as set forth in Article VII, Section 6(a) of the Illinois Constitution and as such is enabled to adopt
legislation relating to its government and affairs; and
WHEREAS, the Mayor and Board of Trustees have been advised by the Police
Department of the numerous sale of products containing THC to minors at several licensed tobacco
dealer establishments in the Village; and
WHEREAS, while the State of Illinois, pursuant to the enactment of the Cannabis
Regulation and Tax Act and the earlier enactment of the Compassionate Use of Medical Cannabis
Program Act, have established strict guidelines, standards and regulation for most products which
contain cannabis sativa derivatives, certain vape cannabis products and gummy bears which
contain certain quantities of THC can be sold in non -state regulated facilities; and
WHEREAS, through investigation conducted by the Youth Detective Division of the Elk
Grove Village Police Department, it was determined that primary sales and resales of these THC
products included sales and possession of these products to minors as young as eleven years old
and who are students in local Junior High Schools in the Village; and
WHEREAS, the Mayor and Board of Trustees have also been advised of studies conducted
by the National Institute of Health and the Center for Disease Control and Prevention which
acknowledged and set forth certain adverse effects related to the ingestion of these THC products
including hallucination, vomiting, tremors, anxiety, dizziness, confusion and loss of consciousness
as well as negatively affecting certain brain functions especially related to memory, learning,
decision -making and emotions; and
WHEREAS, the Mayor and Board of Trustees have further been advised that Delta 8 THC
products have not been evaluated or approved by the FDA for safe use and may be marketed in
ways that put the public health at risk; and
WHEREAS, as a result of these findings and conclusions, it was determined by the Mayor
and Board of Trustees that abolishing the sale of THC products in licensed tobacco dealer
establishments in the Village is in the best interest of protecting the health, safety and welfare of
Village residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows:
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Section 1: That Section 3-613-1 Definitions of Chapter 6, Article B of Title 3 — Cigarette
and Tobacco Dealers, Alternative Nicotine Products of the Village Code be amended by adding
thereto the following:
Tetrahydrocannabinol (THC) Products. A product which contains THC derived from the
cannabis sativa plant such as delta 8 vapes, gummy bears and similar products containing
THC.
Section 2: That Section 3-613-4 be amended by adding thereto the following:
E. SALE OF THC PRODUCTS PROHIBITED: It shall be unlawful for any licensee or
any employee or agent of any such licensee to sell, deliver or distribute any product which
contains THC.
Section 3: That Section 3-613-6 be amended by adding thereto the following:
Notwithstanding the above, any licensee who violates or who is alleged to have violated
Section 3-613-4-E of this article shall be subject to a hearing before the Mayor in the manner
provided in Section 3-613-6 where upon a finding of guilty or admission of guilt, the Mayor
may levy a fine in the amount set forth in Section 3-613-7 of this article and may
furthermore suspend or revoke the license.
Section 4: The provisions of this Ordinance have no bearing or effect on establishments
licensed by the State of Illinois pursuant to the Compassionate Use of Medical Cannabis Program
Act or the Cannabis Regulation and Tax Act.
Section 5: This ordinance shall be in full force and effect from and after ten (10) days
from its passage, approval and publication in pamphlet form according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 0
PASSED this 28t' day of March 2023
APPROVED this 28" day of March 2023
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED in pamphlet form this 30t' day of March 2023.
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