Batavia is joining other suburban communities in restricting access to hemp-derived THC products and Kratom, in a move officials say is meant to restrict access to the products in a similar way to restrictions on recreational marijuana.
Without strong state and federal regulations, stores selling hemp products that can get users high do not face restrictions on the age of their customers, nor are they required to test and report on their products’ potency or impurities they contain, according to past reporting on the topic.
As a result, numerous Chicago suburbs have taken to issuing bans or regulations on the products.
Now, Batavia is implementing restrictions of its own, focused on limiting access to customers 21 years old and older and instituting storage and packaging limitations meant to curb young people’s access to the products.
The idea of restricting access to hemp-derived products and Kratom has been months in the making, Batavia Police Chief Eric Blowers explained at a City Council Committee of the Whole meeting in May.
Originally, there was a proposal to restrict the types of hemp-derived products that could be sold in Batavia, said City Administrator Laura Newman, but that idea was sent back to the drawing board. Blowers said he worked with Cheryl Cryer, the owner of Urban Apothecary in Batavia, to work up a new ordinance imposing restrictions on hemp-derived THC product and Kratom sales.
The ordinance brought to the City Council in June did not include restrictions on the types of products that can be sold in the city, Newman explained, but focused on limiting who can buy the products and how.
After getting approval from the City Council on June 2, the ordinance will establish a new chapter in the city’s code as part of its business and license regulations. Here’s what it includes:
First, the ordinance defines what constitutes a hemp-derived product, and defines Kratom as “any part 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.”
Then, it outlines the new rules governing the sale and display of the products.
Per the new restrictions, businesses must check that a person buying any of these products is 21 years old or older by requiring them to show identification.
Additionally, displays of “intoxicating products” must be behind a sales or service counter or in a locked case so that a buyer requires an employee’s assistance to get it, or it must be in a section of the business where other age-restricted products are kept. Or, a business can restrict access to customers 21 and older unless accompanied by a parent or legal guardian who is at least 21. The business must check for written proof of identity upon entry and post a sign at the entrance of the business that indicates access is restricted to those 21 and older.
Businesses that opt not to restrict entry to those 21 and older unless they’re accompanied by a parent or guardian must post a sign near every display of such products informing customers that buying these products is illegal if you are under 21.
Lastly, the ordinance prohibits packaging that “resembles trademarked, characteristic or product-specialized packaging” or commercially available candy, snacks, baked goods and beverages. It also states that hemp-derived THC products and Kratom products cannot contain images of food, candy, baked goods, cereal, fruit, beverages or the words “candy” or “candies,” nor can the packaging include images or graphics like those typically used to advertise to children, like cartoons, neon colors and celebrities.
The age restriction is meant to mirror existing limitations on recreational marijuana purchases, Blowers previously told the City Council. And, the regulations on how the products are packaged are intended to “limit the appeal of those products to kids, but also to prevent accidental ingestion by young children who may find an adult’s hemp-derived THC and then mistake it for candy,” he noted.
The restrictions passed recently apply to smoke and vape shops in the area, or other stores selling hemp-derived THC or Kratom products, according to Newman. It wouldn’t apply to marijuana dispensaries, Blowers told The Beacon-News, because they’re regulated by the state.
Although more than 60% of Batavia voters came out in support of allowing recreational weed to be sold in 2020, no dispensaries currently operate in the city. But that’s set to change soon, as a recreational marijuana dispensary is preparing to open in the near future at 144 S. Randall Road, according to past reporting.
Despite some debate among residents as the proposal came before the City Council, it ultimately voted to approve the dispensary’s plans in January, allowing the project by Rubino Ventures to move forward with getting the necessary city permits to open a Dutchess Cannabis location in the city. It would be their fifth location in the region.
Following their passage by the City Council, the hemp and Kratom restrictions will take effect immediately, Blowers said. But they’re taking an “educational stance,” he said, as businesses get into compliance with the new rules. Blowers said they’ve informed businesses they know are selling these products of the new ordinance, and they will begin doing compliance checks in the near future.
mmorrow@chicagotribune.com
