Two weeks after discussing whether to ban the sale and possession of Delta-8 and Delta-9 – substances in Park Ridge, the City Council Committee of the Whole decided at a recent meeting to postpone a vote on the subject pending further investigation.
“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,” according to the draft ordinance on the Committee of the Whole agenda for the meeting held March 17.
The meeting agenda that Monday night called for a vote on passage of the first reading of the draft ordinance, which anticipates banning “the sale of Delta-8 and Delta-9 THC products protects the health, safety and welfare of the residents of the City,” according to the draft.
“This is the wild, wild west of controlled substances,” said council member John Moran, 1st Ward, who was not present for the discussion two weeks before. “I had a resident bring it to my attention; a lot of the manufacturers of these products are not reputable.”
Council members went on to agree to postpone the vote, and have more discussion and potentially make changes.
During the committee meeting, which preceded the full City Council meeting, Olga Ochisor, owner of Hemp CBD Wellness, a Park Ridge cannabis store, expressed concerns that the would-be law is too vague.
Broader, statewide legislation on Delta-8 and Delta-9 is being tossed around in Springfield. But the General Assembly has yet to vote on a bill for the governor to consider signing into law.
In the meantime, Park Ridge being a home rule municipality, the north suburb is taking on the issue. While the sale and possession of both substances, and of cannabis, are OK in the city, the City Council may look at prohibitions on the Delta products.
Ochisor addressed the committee and said Park Ridge’s proposed law may be too broad and affect her store.
The age to buy, possess and consume “everything that is CBD, without THC, it is 18,” she said. “And if it has THC, you have to be 21. And everything what’s smokable, vape, no matter what’s inside, you have to be 21.”
She said her store doesn’t sell to anyone underage. Also, Ochisor added that she doesn’t sell synthetic products – making it unclear how her business would be impacted by a city ban.
City leaders said her store is not an intended target of the ordinance.
However, leaders worried a lack of state or local control on the Delta products could lead to public harm.
“We have no rules today on this,” said Mayor Marty Maloney – who is seeking another term in the April 1 election. “It’s not 18, it’s not 21, we treat it like bottled water.”
Moran said even at places with age restrictions, some store owners don’t follow the law.
“The regulations around vape shops in town that sell [Delta-8 and Delta-9 products] … we have done one sting and two of them failed in terms of enforcing their age restrictions,” said Moran. “From what I’ve heard from people who have kids in high school, it’s a lot easier for them to get (the substances) than alcohol.”
Ochisor agreed she is against the sale of Delta-8 and Delta-9, but still she worried the law could potentially impact the legal sale of products her business lawfully has for purchase.
“If this passes, it’s going to be up to your legal counsel to review this and see which products you’re allowed to sell,” council member Richard Biagi, 6th Ward, told Ochisor. “If you’re concerned this will impact your business, I would have a lawyer with you to advise you if it will.”
The town of Elgin has banned the sale of Delta-8 and Delta-9 and state lawmakers are considering a ban. Because the substances are synthetic derivatives of a hemp product and not marijuana, state law does not cover its prohibition to anyone. So, in theory, anyone of any age can purchase and use the drug.
However, no city leaders or staff at the committee meeting knew if any Park Ridge stores sold products with Delta-8 or its variant.
“Can any business sell this right now?” Moran asked
“I believe so,” replied police Chief Robert Kampwirth.
But in the end, city leaders did not see the need to rush into any local legislation.
“I am not in a hurry on this and I think getting it right the first time is more important,” said Moran. “I don’t want to inadvertently hurt your business when that’s not what we’re trying to do here.”
Jesse Wright is a freelancer.
