CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance amending Sections 3-3-3 and 3-3-14 of the Naperville Municipal Code that will prohibit the sale and possession of tetrahydrocannabinol (THC) products for human consumption to individuals under the age of 21
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Bonner, Senior Assistant City Attorney
BACKGROUND:
The 2018 Agricultural Improvement Act ("Act") legalized products containing up to 0.3% percent on a dry weight basis of delta-9 tetrahydrocannabinol concentration. The legalization of hemp created a loophole for products manufactured from hemp-derived cannabinol, which resulted in the emergence of hemp-derived tetrahydrocannabinol ("THC") products at tobacco stores and gas stations.
Delta-8 tetrahydrocannabinol products, also known as Delta-8 THC, and Delta-9 tetrahydrocannabinol products, also known as Delta-9 THC are the most widely accessible THC products. Delta-8 THC and Delta-9 THC are available in stores and online in the form of gummies, vapes, candy, cookies, and other varieties for human consumption. Delta-8 THC is a psychoactive substance found in the cannabis sativa plant, which is typically manufactured from hemp-derived cannabidiol. Delta-9 THC is the psychoactive ingredient in marijuana illegal at the federal level. However, Delta-9 THC products are being offered for sale with the explanation that they contain less than 0.3% Delta-9 THC on a dry-weight basis.
The U.S. Food and Drug Administration ("FDA") has not evaluated or approved Delta-8 THC products for safe use and issued warnings that products containing Delta-8 THC pose a serious health risk. The FDA received 104 reports of adverse events in patients who consumed Delta-8 THC products in a twenty-four-month period. Adverse events included hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness.
The Naperville Police Department has received complaints about the sale of Delta...
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