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File #: 19-834    Version: 1
Type: Ordinance Status: Passed
File created: 8/26/2019 In control: City Council
On agenda: 9/3/2019 Final action: 9/3/2019
Title: Pass the ordinance amending Sections 3-3-3 and 3-3-14 of the Naperville Municipal Code by placing age restrictions on the sale and possession of kratom.
Attachments: 1. Ordinance, 2. June 7, 2018 Liquor Commission Minutes, 3. 360 Youth Services Report, 4. August 9, 2018 Liquor Commission Minutes
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 by placing age restrictions on the sale and possession of kratom.
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DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
On August 9, 2018, the Liquor Commission unanimously recommended banning the retail sale of kratom.

BACKGROUND:
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 warned people to avoid using kratom, saying "there's no evidence to indicate that kratom is safe or effective for any medical use."

Kratom has no FDA-approved uses, is listed by the U.S. Drug Enforcement Agency as a "drug of concern," and the FDA warns consumers not to use any products labeled as containing the botanical substance kratom or its psychoactive compounds, mitragynine and 7-hydroxymitragynine. Several states, including Indiana and Wisconsin, have banned kratom. Legislation was introduced in Illinois to ban kratom, but it did not advance. Illinois currently bans the sale to or possession of kratom by minors. Two other Illinois municipalities, Alton and Jerseyville, have banned kratom. The City's Code does not prohibit the sale of kratom, but the City, under its home rule authority, can enact such prohibition. In considering whether to place restrictions on kratom, consideration should be given to health, safety and welfare concerns.

DISCUSSION:
On June 7, 2018, the Liquor Commission reviewed a request to open a business specializing in the sale of kratom and c...

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