Intoxicating Hemp and Kratom

Intoxicating hemp products have added THC derived from the hemp plant. The most common form sold in our community is delta-8 THC, which is chemically very similar to the primary psychoactive compound found in marijuana, and produces similar feelings of euphoria and relaxation. 

Intoxicating hemp products exist in a legal loophole because of how delta-8 and delta-10 THC distillate is derived and produced. The 2018 Farm Bill legalized hemp and hemp-derived compounds at the federal level, but did not explicitly address hemp-derived THC. Because it is derived and synthesized from legal hemp, many states have not regulated or banned these products. This lack of clear regulation has allowed intoxicating hemp products to proliferate. However, many individual localities and states are now acting to either restrict or ban the sale of intoxicating hemp.

Intoxicating hemp products present public health concerns for several reasons. These products:

• Do not undergo the testing required of regulated THC products in Illinois, which means that there is no information about the levels of THC, pesticide chemical residue, residue solvent, microbiological contaminants, or mycotoxins in these products.
• Have not been evaluated or approved by the Food and Drug Administration (FDA) for safe use in any circumstance.
• Can be sold by establishments that are not licensed to sell THC products.
• Can be sold to customers of any age.
• May be marketed in ways that are enticing to children. For example, the product and packaging may mimic popular snacks and candies. This practice has resulted in increased calls to the National Poison Control Hotline regarding ingestion of intoxicating hemp products by children and increased hospital admissions.

The regulations that take effect June 1, 2025 in Oak Park will address the concerns about intoxicating hemp products being sold or packaged in a way that appeals to consumers under 21 years old.

Kratom is an herbal extract that comes from the leaves of an evergreen tree called Mitragyna speciose, which grows in Southeast Asia. It has stimulant effects including alertness, rapid heart rate, and increased energy. It can also cause effects like relaxation, confusion, and pain relief similar to opioids and sedatives. However, kratom’s effects on each individual depends on how much is taken, the concentration, how it is taken (capsules, powder or tea), and each individual’s medical conditions and drug-taking history.

Public health concerns regarding kratom include:

• Kratom has not been evaluated or approved by the Food and Drug Administration (FDA) for safe use.
• Mixing kratom, other opioids, and other types of medication (both prescription and over-the-counter) can be dangerous, and even fatal.
• Kratom is known to be addictive. Withdrawal effects similar to narcotic withdrawal and drug-seeking behaviors have been described in users in Southeast Asia. Many Southeast Asian countries have restricted the use of kratom due to the potential for abuse.
• In 2018, a multi-state outbreak of salmonella illness was linked to kratom.

Some regulations for kratom do exist. In Illinois, kratom is legal for individuals over the age of 18, as established by the Kratom Control Act enacted in 2014. This legislation prohibits the sale of kratom to minors but does not classify it as a controlled substance. Illinois also mandates specific labeling standards, requiring accurate ingredient lists and clear information about effects and usage guidelines. This transparency aims to inform consumers and prevent misleading claims.

The Village of Oak Park adopted 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 Ordinance?

All retailers who sell intoxicating hemp products. The 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 Ordinance?

The Ordinance prohibits 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 adopted ordinance.(PDF, 237KB)

Is anything banned by the 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.

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 in the Ordinance. 

What is the penalty for violations of the 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 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.