Aurora, Illinois

File #: 23-0710    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 8/30/2023 In control: City Council
On agenda: 11/28/2023 Final action: 11/28/2023
Title: An Ordinance amending Chapter 13 of the Code of Ordinances pertaining to the licensure of retailers authorized to sell all tobacco, nicotine, alternative nicotine products or vape products.
Attachments: 1. Exhibit A-Chapter 13 Amended
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TO: Mayor Richard C. Irvin

FROM: Law Department-Nydia Molina, Asst. Corporation Counsel

DATE: November 7, 2023

SUBJECT:
Requesting approval of Amendments to Chapter 13 Tobacco and Related Products specifically, Chapter 13-1 Definitions and Chapter 13-9 Licenses and Endorsements to prohibit the sale, delivery or distribution of any product which contains Tetrahydrocannabinol (THC) or any synthetic cannabinoid.

PURPOSE:
While the State of Illinois has established strict guidelines, standards and regulations for most products which contain THC, products such as cookies, gummies, and vape cannabis products that contain certain quantities of THC or synthetic cannabinoids can be sold by non-regulated facilities and businesses. Furthermore, THC products sold have not been evaluated or approved by Food and Drug Administration (FDA) for safe use and may be marketed in ways that put the public health at risk.

BACKGROUND:
2018 Farm Bill legislation legalized hemp, which is defined as a cannabis plant that contains 0.3 percent delta 9 THC or less. However, the bill does not address delta 8-THC levels. This omission makes it legal for vendors to sell the compound with no oversight and unregulated at federal level. In recent months, multiple states and municipalities have enacted legislation prohibiting the sale of delta 8 products due to lack of research into the compound's psychoactive effects. The City of Aurora has been approached by businesses seeking building permits for the sale of such THC products. Aurora Police Department's officers have also located similar THC products including cookies, bars, gummies and other edible products sold at tobacco shops, vape shops and gas stations in the City.

DISCUSSION:
Prohibition of products that contain THC or other synthetic cannabinoids will protect the community from products that are not regulated or tested by any federal or state agency. Currently, the products may be produced and distributed from out of sta...

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