Unregulated THC

Delta-8 THC is an unregulated psychoactive compound that is sold in Oak Park. It is chemically very similar to delta-9 THC, the primary psychoactive compound in cannabis, and produces similar feelings of euphoria and relaxation. The compound is extracted and concentrated from hemp-derived cannabidiol (CBD).

Delta-8 THC exists in a legal loophole because of how it is derived and produced. The 2018 Farm Bill legalized hemp and hemp-derived compounds at the federal level, but did not explicitly address delta-8 THC. Because it is derived and synthesized from legal hemp, many states have not regulated or banned delta-8 THC products. This lack of clear regulation has allowed delta-8 THC products to proliferate. However, individual states are now acting to either restrict or ban the sale of delta-8 THC.

Delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context.

Delta-8 THC products often involve the use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace.

The psychoactive and intoxicating effects of delta-8 THC may lead to an increase of impaired driving and disordered use.

Many delta-8 THC products are labeled and packaged like popular snacks and candy (gummies, chocolates, cookies, candies, etc.), which increases their appeal among children. Because delta-8 THC is unregulated, there are no restrictions on children of any age buying these products in Oak Park.

There have been increased calls to poison control centers and hospital admissions, for both adults and children, after consumption of delta-8 THC products. The code for delta-8 THC was added to the national poison control centers on Jan. 1, 2021, and between that date and Feb. 28, 2022, more than 2,360 exposure cases were reported. Of those cases, 40% involved unintentional exposure, and 82% of those exposures affected pediatric patients.

Click here for a PBS Nova video detailing delta 8-THC. 

The Village of Oak Park is considering an Ordinance limiting purchases of intoxicating hemp to persons 21 and older, effective June 1, 2025. For a complete list of all of the pending regulations related to the sale of intoxicating hemp, see the frequently asked questions below.  Email additional questions to  hemp.ordinance@oak-park.us.

What retailers are affected by the proposed Ordinance?

All retailers who sell intoxicating hemp products. The proposed Ordinance does not apply to establishments duly licensed under, and in accordance with, the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.).

What changes are in the proposed Ordinance?

The Ordinance will prohibit the retail sale of intoxicating hemp products to persons under the age of 21. This includes but not limited to Delta-8 THC, Delta-10 THC, and Kratom, along with other products listed in the proposed draft ordinance(PDF, 232KB) .

Is anything banned by the proposed Ordinance?

The Ordinance prohibits intoxicating hemp dispensing establishments from displaying, selling, giving or delivering any product containing intoxicating hemp which includes (i) packaging or labeling with images designed or likely to appeal to children, including, without limitation, cartoons, toys, fruit, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or (ii) packaging or labeling that bears reasonable resemblance to any product without intoxicating hemp available for consumption as a commercially available candy or snack food.

If I sell these products, what will change?

The Ordinance requires intoxicating hemp dispensing establishments to:

• Require proof that the purchaser or recipient of intoxicating hemp is over the age of 21 years.
• Only display products containing intoxicating hemp offered for sale behind a sales or service counter that no person can access without assistance of the establishment’s employee.
• Post appropriate signage informing the public of the age restrictions.

Can I sell CBD products to those under 21?

Retailers may sell products which do not contain intoxicating hemp, as defined in the Ordinance, to persons under 21. The Ordinance only applies to products designed for human consumption.

How soon after the Ordinance is adopted by the Village Board will retailers have to comply?

A June 1, 2025 enforcement commencement date is proposed in the Ordinance.  The Village Board will hold a first reading of the Ordinance on March 11, 2025 and a second reading and anticipated final adoption on March 18, 2025.

What is the penalty for violations of the proposed Ordinance?

Section 1-1-5 of the Village Code allows for fines between $20-$750 per violation. Failure to comply with the Ordinance could also subject a business license holder to license suspension or revocation proceedings.

Does the proposed Ordinance propose a tax on selling intoxicating hemp products?

Not at this time. However, the Village Board directed staff to prepare options for a tax on selling intoxicating hemp products in the coming months.  

Does the proposed Ordinance propose a business license fee for selling intoxicating hemp?

Not at this time. However, the Village Board directed staff to prepare options for a business license and related fees on those retailers selling intoxicating hemp products in the coming months to cover the cost of enforcement.

Who do I contact for questions?

You can email your questions to hemp.ordinance@oak-park.us.