CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Conduct the first reading of an ordinance amending Sections 3-3-3, 3-3-5, 3-3-14 and 3-3-15 of the Naperville Municipal Code by adding a definition of kratom, banning the retail sale of kratom, and prohibiting anyone under the age of 21 from possessing tobacco or alternative nicotine products.
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DEPARTMENT: Legal Department
SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney
BOARD/COMMISSION REVIEW:
On June 6, 2019, the Liquor Commission unanimously recommended prohibiting anyone under the age of 21 from possessing tobacco and alternative nicotine products. On August 9, 2018, the Liquor Commission unanimously recommended banning the retail sale of kratom.
BACKGROUND:
Tobacco/Alternative Nicotine Products
On July 1, 2019, Public Act 101-002 became effective, which raised the minimum age to purchase tobacco products to 21 years. Public Act 101-002 no longer regulates the possession of tobacco by minors of any age. Prior to this change in the state law, on December 5, 2016, the Mayor and City Council approved a text amendment to the City's Code prohibiting the sale of tobacco or alternative nicotine products to persons under the age of 21. At that time, no change was made concerning possession of tobacco products due to concerns about regulating personal decisions for legal adults and challenges of enforcement. The City's Code currently prohibits anyone under the age of 18 from possessing tobacco or alternative nicotine products.
Kratom
Kratom comes from the leaves of a tropical evergreen plant in the coffee family that, according to the U.S. Food and Drug Administration ("FDA"), grows naturally in Thailand, Malaysia, Indonesia and Papua New Guinea. Kratom can be brewed like a tea, crushed into power, smoked, snorted, or taken as a tablet or capsule. Kratom has been used as mood buster, energy supplement, and pain reliever. Proponents contend it assists with opioid addiction, but the FDA has warne...
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