HomeMy WebLinkAboutG31-23 Tabled
Ordinance No. G31-23
TABLED
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE TO PROVIDE FOR A NEW CHAPTER 10.27
ENTITLED “TETRAHYDROCANNABINOL PRODUCTS”
WHEREAS, Delta-8 tetrahydrocannabinol, also known as Delta-8 THC, and Delta-9
tetrahydrocannabinol, also known as Delta-9 THC are psychoactive substances typically
manufactured from hemp-derived cannabidiol (CBD); and
WHEREAS, Delta-9 THC (or “Delta-9”) Delta-8 THC (or “Delta-8”) are becoming widely
available for purchase due to the passage of the 2018 Agricultural Improvement Act allowing hemp-
derived products containing less than .3% THC on a dry weight basis; and,
WHEREAS, Delta-8 has not been approved or evaluated by the Food and Drug
Administration for a safe use in any context; and
WHEREAS, the United States Drug Enforcement Agency opined that synthetically derived
Delta-8 and Delta-9 are illegal controlled substances; and
WHEREAS, the City has received information relating to the sale in the City of psychoactive
cannabinoids at establishments which are not licensed or otherwise permitted or authorized to do so
pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.) or the Compassionate
Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.); and
WHEREAS, psychoactive cannabinoids need to be regulated to protect the public health and
safety; and
WHEREAS, the City of Elgin is a home rule unit of government, and pursuant to Article VII,
Section 6(a) of the Illinois Constitution, may exercise any power and perform any function
pertaining to its government and affairs; and
WHEREAS, the regulation of the sale or possession of psychoactive cannabinoids and the
protection of the public health and safety pertain to the government and affairs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That foregoing recitals are hereby incorporated into this ordinance as though
fully set forth herein.
Section 2. That Title 10 of the Elgin Municipal Code entitled “Public Peace, Morals and
Welfare” be and is hereby further amended by adding a new Chapter 10.27 thereto entitled
“Tetrahydrocannabinol Products” to read as follows:
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“CHAPTER 10.27 - TETRAHYDROCANNABINOL PRODUCTS
Section 10.27.010. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where a context clearly indicates a different meaning:
Tetrahydrocannabinol means without limitation, the following:
A. Delta-1 cis or trans tetrahydrocannabinol;
B. Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers;
C. Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers;
D. Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers;
E. Delta-8 tetrahydrocannabinol acetate 8 ester;
F. Delta-9 tetrahydrocannabinol acetate 10 ester;
G. Delta-6a,10a tetrahydrocannabinol acetate ester;
H. Delta-10 tetrahydrocannabinol acetate ester;
I. A product derived from industrial hemp that was produced as a result of a
chemical process that converted the industrial hemp or a substance contained
in the industrial hemp into Delta-8, Delta-9, Delta-6a, 10a, or Delta-10
tetrahydrocannabinol including their respective acetate esters; and
J. Any other psychoactive substance derived therein.
Tetrahydrocannabinol Product means any product containing Tetrahydrocannabinol used for
human consumption.
Section 10.27.020. – Sale or delivery.
It shall be unlawful for any person to advertise, display, sell, offer for sale, give away or
deliver any tetrahydrocannabinol product.
Section 10.27.030. – Exceptions.
The provisions of this chapter shall have no bearing or effect on establishments licensed by
the State of Illinois pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.) or the
Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.).
Section 10.27.040. – Penalties.
A. Any person violating any provisions or failing to comply with any of the mandatory
requirements of this chapter shall be guilty of an offense. Any person convicted of an
offense under this chapter, in addition to other legal and equitable remedies available
to the City, shall be punished by a fine in an amount not less than $1,000.00 for each
offense.
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B. In addition to the payment of the aforesaid fine, any person found to be in violation
of this chapter shall, upon conviction, be required to reimburse the City the cost of
any laboratory testing or other testing of the tetrahydrocannabinol products in
question.
C. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and such person shall be punished
accordingly.
D. The levy and/or payment of any penalty or fine provided in this chapter shall not be
deemed to waive the power of city to suspend, revoke or refuse to renew a license or
to seek injunctive relief to enjoin violations of this chapter or any other applicable
provisions of law.”
Section 3. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 9, 2023
Tabled: August 9, 2023
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk