HomeMy WebLinkAboutEXECUTIVE SESSION - 03/14/2023 - LITIGATION (3)EXECUTIVE SESSION
March 14, 2023
8:14 p.m.
Chernick Conference Room
TOPIC: X LITIGATION ❑ PERSONNEL ❑ LAND DISPOSITION
VILLAGE BOARD
MEMBERS PRESENT
C. JOHNSON
Mayor
J. FRANKE
Village Trustee
S. LISSNER
Village Trustee
T. MILLER
Village Trustee
C. PROCHNO
Village Trustee
S. SCHMIDT
Village Trustee
VILLAGE BOARD
MEMBERS ABSENT
STAFF PRESENT
M. JABLONSKI
Deputy Village Manager
C. GABIGA
Assistant Village Manager
G. KNICKERBOCKER
Village Attorney
Pursuant to a duly made and approved motion and a majority vote at a regularly scheduled meeting
of the Mayor and Board of Trustees on March 14, 2023, this Executive Session was called to
consider review of Litigation.
Number of pages attached: 1
Date(s) of review for release: February 2025
Date of approval for release:
Date approved by Village Board: April 11, 2023
March 14, 2023
8:14 pm
The Mayor informed the Board that the Village Attorney is working on preparing an ordinance
to prohibit the sale of THC products in local smoke and vape shops for the next Village Board
meeting on March 28, 2023. The Village Attorney shared that a gray area has been identified in
the state law that allows local vape and smoke shops to sell products with Delta 8, and THC
components. As a result of the Love2Smoke Tobacco Hearing in February, the Village became
aware that local vape and smoke shops are getting away with selling these products, resulting in
them ending up in the hands of underage children. The Village Attorney advised he is working
on researching the Village's legal right to regulate this, as state law does not prohibit smoke
shops from selling products with low amounts of THC or Delta 8. The Village Attorney advised
the Village would be the first community in Illinois that we are aware of to pass this type of
ordinance. Trustee Franke asked whether other communities are allowing these types of sales.
The Village Attorney advised these types of products should only be sold to adults 21 and over,
but that is a gray area of regulation and it becomes an issue if and when these shops are not
properly carding the underage individuals purchasing these products.
Trustee Franke shared there are lots of products that contain THC such as lotions and creams and
inquired whether the ordinance will prohibit and limit all THC products. The Village Attorney
stated that different products have different effects, and that the ordinance can clearly state the
prohibition of THC, Delta 9, and Delta 8 products for consumption. Trustee Prochno asked
whether the Village should check the licenses of the local smoke and vape shops. The Village
Attorney advised that the Village has a Tobacco and Accessory Tobacco Product License and
that it is questionable whether these types of products are allowed as part of the accessory
tobacco license. The Mayor also stated the ordinance shall clarify the only place allowed to sell
THC products are properly licensed dispensaries through the State. The Mayor shared that he
anticipates this ordinance will put the State Representatives and other officials in a position to
take action at the State level to clarify this gray area.
The consensus of the Board was to direct the Village Attorney to prepare the ordinance for the
next Village Board Meeting.
The meeting was adjourned at 8:31 pm.