Elgin council poised to ban the sale of all products containing synthetic THC, known as ‘fake weed’

Sale of synthetic THC products would be banned in Elgin under a proposed ordinance that could receive Elgin City Council approval next month.

The measure makes the advertisement, display, sale or delivery of synthetic THC products without a state license unlawful in the city, and anyone who violates it could face fines of $1,000 or more. It would apply only to items that can be consumed.

Products containing synthetic THC are called “fake weed” and sold under brand names like Spice, Kronic and Mr. Happy. The ingredients used, like Delta-9 and Delta-8, can be found in hemp and cannabis plants but are chemically manufactured and can be dangerous, according to the Centers for Disease Control and Prevention.

While growing and selling recreational cannabis became legal in Illinois in January 2020, with stringent licensing and operating regulations overseeing both, synthetic THC products aren’t regulated and haven’t been approved by the U.S. Food and Drug Administration.

Despite that, the products are sold vape and smoke shops, convenience stores and gas stations, said Elgin Mayor Dave Kaptain, who asked for the ordinance to be brought to the council.

The products are often marketed to children and can be sold to minors, Kaptain said.

“They are selling to kids because it falls between the cracks,” he said. “This is a public safety issue. That’s why it’s (the ordinance) here.”

Kaptain said he learned of the issue through the Metro West Council of Government, a nonprofit organization that advocates for local governments to take positions on local, state, and national issues, according to its website.

The cannabis industry is pushing for the market to be regulated, in part because synthetic THC products offer unfair and unsafe competition and are not taxed like cannabis sales are, proponents say.

Councilwoman Tish Powell said she understands the need to keep THC products out of the hands of children but questioned whether the city should be backing a rule change being pushed by the cannabis industry. She also suggested that an age limit, rather than an outright ban, might be a better move.

The issue with synthetic THC is that it is like vaping, Kaptain said. Elgin was one of the first communities in the state to come out against that and establish an ordinance regulating vaping products, he said, something the federal government did not do until a year and a half later.

“This is the same thing except this is probably a level above that,” Kaptain said.

City Attorney Bill Cogley said if the goal is to keep such products from being sold locally, it would be preferable to act now rather than waiting for the General Assembly to pass legislation.

“There is, we understand, some discussion at the state level do so something similar to this but they are out of session right now, and so we felt it was important to get something on the books now given this could be a significant public health issue,” Cogley said.

If the measure is approved by the council Aug. 9, Police Chief Ana Lalley said businesses would be notified of the ban and the police department would do compliance checks to ensure it’s being enforced.

Gloria Casas is a freelance reporter for The Courier-News.