The City of Peoria may implement a ban on selling kratom and similar products that have already been prohibited in other communities in the area.
A first reading of a proposed ordinance that would block stores from offering kratom, hemp-based THC and other synthetic alternatives was presented to the Peoria City Council during busy four-hour meeting Tuesday.
“There are a number of fatalities that are partially attributed to the use of kratom mixed with other substances,” said city attorney Patrick Hayes. “So many communities throughout the state and nation have made it illegal to sell at retail kratom.”
Unrelated to the hemp-based THC, kratom has been marketed and sold as an energy booster and a pain reliever, used frequently to treat anxiety and depression. An advisory issued by the U.S. Food and Drug Administration warns kratom can cause liver toxicity, seizures and become addictive.
“According to the Food and Drug Administration, kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food. So that's created somewhat of a regulatory gray area,” said Hayes.
Peoria would join East Peoria, Washington, Pekin and Peoria Heights among communities with kratom bans. Hayes noted Peoria’s ordinance would ban kratom sales, but not possession.
Council member Alex Carmona stressed the difference between natural kratom and more dangerous synthetic versions.
“It’s important to understand that the state is not outlawing kratom,” said Carmona. “This is still from America after all and, not that I'm advocating for it, but if somebody's over the age of 21, they should be able to do whatever they want so long as they're not hurting anybody else.”
Kenny Dobson, the vice president of Ware Brands, the company that operates two JB Hawks Discount Tobacco and Vape locations in Peoria, spoke in favor of natural kratom during public comment, saying the synthetic 7-OH compound is the true danger.
“They are engineered in a lab, concentrated into flavored tablets and shots, and they stole the name kratom. They have no place in Peoria. We've never sold them. We have lobbied for years to get them banned. The makers of those pills have done real harm to the community,” said Dobson.
“On the other hand, we have sold natural leaf kratom for over a decade. Every product is lab tested, labeled, and covered by product liability insurance. In all those years, we have no record of a single complaint, hospitalization, or police incident.”
Apart from kratom, a federal law going into effect next month amends the definition of hemp, making products with higher concentrations of THC illegal. Legislation passed in Illinois aligns the state’s definition with the federal standard, beginning Thursday.
The 2018 federal farm bill identified hemp as any product containing less than 0.3% of THC, regardless of added psychoactive cannabinoids intended to make the hemp more intoxicating. That allowed dangerous variations of these drugs to be sold in gas stations, convenience stores and other retail establishments.
“Many of our residents may have noted a plethora of THC-related products available at retail. Many of those products have been now rendered illegal under federal law under the farm bill,” said Hayes.
“Many communities throughout Illinois have taken the action that we're proposing today to align their cannabis and substance prohibitions to restrict the sale at retail of these cannabinoid-like substances," he said.
The new definition closes the loophole, limiting consumable hemp to no more than 0.4 milligrams of THC per container. Also, synthetic cannabinoids developed through chemical conversion, such as Delta-8, are explicitly prohibited.
“I think the last thing any of us want to do is create a Peoria loophole in this space,” said council member Tim Riggenbach. “Seeing the state and the federal government in sync, I think it's logical that we would follow that lead.”
The city’s proposal would establish its own regulations and enforcement mechanism. Hayes noted pending court cases are seeking to enjoin the effective date of the new state and federal laws, or block them entirely.
Ultimately, the council voted 8-3 to defer accepting the first reading until the next meeting Dec. 8, with a desire to split the drafted ordinance into separate bans on kratom and hemp-based THC to be considered individually. Riggenbach, Denis Cyr and John Kelly opposed the deferral.
Tobacco commissioner
In a separate first reading, the council heard a proposal that more clearly defines the city manager’s powers and duties as the local tobacco commissioner.
The recommendation follows recent instances where the city found it lacks the ability to adequately enforce its tobacco code.
“We have our own loophole in the tobacco environment,” said Hayes. “It turns out we did not consider the potential need for the tobacco commissioner to be able to investigate retail outlets similar to the powers that are vested in the liquor commissioner.”
A Class 1 tobacco retailer license in Peoria limits businesses to generating less than 50% of gross sales coming from tobacco products. But the city has no mechanism to determine whether a business is in compliance with that requirement.
Hayes said the city previously established the Class 2 license and set a cap on how many could be issued as a way to limit the number of tobacco-only and vape shops. He said the issue that brought the current matter to the table arose when a business “represented to us that they are going to be a Class 1 tobacco outlet is actually a Class 2.”
In response to a question from Kelly, Hayes said that the tobacco commissioner would need to give a tobacco retailer “reasonable” notice regarding a request to review their sales breakdowns.
