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Home My WebLink AboutO-25-14VILLAGE OF DEERFIELD ORDINANCE NO. 2025- 0-25-14 AN ORDINANCE AMENDING CHAPTER 7 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, TO REGULATE THE SALE AND POSSESSION OF TETRAHYDROCANNABINOL (THC), KRATOM AND OTHER SIMILAR PRODUCTS WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, Chapter 7 of "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'), provides regulations for Village businesses; and WHEREAS, the sale and use of certain products containing tetrahydrocannabinol ("THC Products'), Kratom, and 7-hydroxymitragynine pose a risk to Village residents and visitors; and WHEREAS, the Village Board desires to amend the Village Code to: (i) regulate the sale, distribution or delivery of THC Products in the Village; (ii) to prohibit the sale of certain THC Products, Kratom, 7-hydroxymitragynine in the Village; and (iii) prohibit the possession and use of THC Products, Kratom, and 7-hydroxymitragynine by all persons under 21 years of age; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to amend Chapter 7 of the Village Code pursuant to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board. SECTION TWO: THC PRODUCTS. Pursuant to the Village's home rule authority, Chapter 7, titled "Businesses," of the Village Code is hereby amended to add a new Article 1, titles "THC, Kratom, and Other Similar Products," which shall be and read as follows: "Article 1. THC Kratom and Other Similar Products Sec. 7-1. Definitions he following words and phrases shall have the meanings and are hereby defined, as follows: a Delta-9 THC Products: any product material compound isomer, acid, salt, mixture, or preparation that contains a Total Delta-9 THC Content concentration level in excess of 0 3% on a Additions are bold and double -underlined; ^^'^ ^�� ^�- *�^�^ ^� 1 4901-3118-2367, v. 3 dry weight basis or a Total Delta-9 THC Content in excess of 55 milligrams per labeled serving or individual unit or 2.5 milligrams per package regardless of the number of labeled servings or individual units therein bW Illicit THC Products: any product material compound, isomer. acid, salt, mixture, or preparation: U1 used or intended for humanconsumption-, 2 that is not made, manufactured, sold, given away, bartered, exchanged distributed, furnished marketed advertised, or otherwise held out for sale by cannabis business establishments duly licensed under the Compassionate Use of Medical Cannabis Program Act (410 ILLS 130/1, et, sea.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et sea.): and L3 that contains: (i) any amount of Synthesized Tetrahvdrocannabinol (THC) of any kind, inclusive of acid forms, regardless of name, and including but not limited to THC-O, delta-8 THC. and delta-10 THC. (ii) Kratom, as that term is defined in Section 5(a) of the Illinois Kratom Control Act, 720 ILCS 642/5(a), as may be amended, or (iii) 7-hvdroxymitragvnine. Lc Package Liquor Store: establishments primarily engaged in the retail sale of packaged alcoholic beverages, such as ale. beer. wine, and liquor, for consumption off the premises. Package liquor store does not include a convenience store, grocery stLDre, or pharmacy. do &'vnthesized THC: tetrahydrocannabinol synth ized in laboratory or by industry using directed or biosynthetic chemistry rather than traditional food preparation techniques such as heating or extracting. Total Delta-9 THC Content: the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include carboxvlation, that expressed the potential Total Delta-9 THC Content derived from the sum of the THC and THCA content and reported on a dry weight basis, to be calculated either by using a chromatograuh technique using heat such as gas chromatography, through which THCA is converted from its acid form to its neutral form or by using a liquid romatograph technique, which keeps the THCA intact. and using the following conversion: [Total TH=(0.877 x THCA) + THC] which calculates the potential total THC in a given sample, Additions are bold and double-und rlin d; s* ^l- *h-^ ^� 2 4901-3118-2367, v. 3 Sec. 7-2. Sales of Illicit THC Products Prohibited t is unlawful to sell. deliver. or distribute any Illicit THC Product within the Village. See. 7-3. Possession and Use of Illicit THC Products by Persons Under 21 Years of Age Prohibited. It is unlawful for any person under the age of 21 years to possess or use any Illicit THC Product in the Village. Sec, 7-4. Sales of Delta-9 THC Products Limited La The sale of Delta-9 THC Products is limited to package liquor store licensees that hold a Class A liquor license under Section -8 this Code and cannabis business establishments dulv licensed under the Compassionate Use of Medical _Cannabis Program Act (410 ILCS 130/1, et sea.) or the Cannabis Regulation and Tax Act (410 I CS 705/1-1, et sea.). bW The sale of Delta-9 THC Products to any person under the age of 21 years is prohibited. Lc All Delta-9 THC Products available for sale must have a clear and conspicuous label notifying the purchaser of the Total Delta-9 THC Content of the product -dam- Non -beverage Delta-9 THC Products, such a gummies, may not be directly accessible to customers, and must be sold from behind a counter controlled by an employee of the licensed package liquor store or medical cannabis dispensary. ec. 7-5. Penal Any person, firm, or corporation that violates any provision of this Article will be fined in an amount of not less than $150 00 nor more than $1,000.00, plus costs, for the first offense of this article within a 12-month period not less than S250 00 nor more than $1 500 00 plus costs for the second offense within a 12-month period and not less than $500 nor more than $2,500.00, plus costs, for the third and each subsequent offense within a 12-month period." SECTION THREE: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage and publication in the manner provided by law Additions are bold and double -underlined -. a,a,.+;,,nQ a - sE..,.,,i. thre...-i 3 4901-3118-2367, v. 3 [SIGNATURE PAGE FOLLOWS] Additions are bold and double-ust fu .v thro,, 1 4 4901-3118-2367, v. 3 AYES: Benton, Berg, Greenberg, Jacoby NAYS: None ABSTAIN: None ABSENT: Goldstone, Oppenheim PASSED: June 2, 2025 APPROVED: June 2, 2025 ORDINANCE NO. 0-25-14 Daniel C. Shapiro, Mayor OF De, _ � 1 1 1 � • SEAL , ''�•,.. DEL D., � ..•►`. Additions are bold and double -underlined; deletions ape struek through. 5 4901-3118-2367, v. 3