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Sergio Rocha, manager of Midway Smoke Shop, stood behind a counter looking discouraged while thinking about his ward’s recent ban on the sale of unregulated hemp products offered in the store.
On Jan. 14, Chicago’s City Council approved amendments banning the sale of cannabinoid hemp products for consumption by retail tobacco dealers in the city’s 13th and 23rd wards, but still allows the sale of hemp products intended for topical use.
“Families are fed from [salaries paid] here,” he said. “I take care of my sister’s kids, I take care of my kids and my sister works here, too. We’re doing everything the right way.”
Rocha feels the ban could cause Midway Smoke Shop to go out of business if it has to depend only on the sale of other items offered in the store.
“50% of our income comes from hemp,” he said.
While Rocha worries about his livelihood, Ald. Silvana Tabares (23rd) prioritizes public safety in her ward.
“This ordinance is intended to stop businesses from selling harmful products to adults and kids alike,” Tabares said. “The unregulated products like Delta-8 can be harmful and the explicit marketing appeal to children via the use of bright colors and candy-like packaging is not appropriate for minors.”
Bans in both wards take effect 10 days after passage and publication of the amendments.
Enforcement of the ordinance means new tobacco store licenses will not be issued and existing licenses will not be renewed.
“I’ll continue to work closely with the Business Affairs and Consumer Protection department of the city of Chicago to make sure existing laws in the 23rd Ward are enforced,” Tabares said.
“Existing businesses will choose what to do with their inventory, if they have any.”
After the ban goes into effect, residents who believe any business is selling unregulated cannabinoid hemp products can call the 23rd Ward office for assistance. Violations will result in a fine ranging from $2,000 to $5,000, she said.
The importance of unregulated hemp sales pits not only local government officials, but also Illinois lawmakers against each other.
Supporters of the hemp industry opposed to Gov. Pritzker’s attempt to legalize stricter regulations on intoxicating hemp products and licensed cannabis industry supporters of the governor’s legislation have made campaign donations to Springfield lawmakers in an attempt to influence the fight, according to the Chicago Tribune.
Pritzker’s law failed to pass the Illinois House during the General Assembly’s lame-duck session.
The sale of unregulated hemp products was legalized by the 2018 Illinois Industrial Hemp Act, which allows industrial hemp to be cultivated by licensed growers.
The act removed hemp and cannabis derivatives containing less than 0.3% THC from the legal definition of marijuana opening a loophole that allowed businesses without dispensary licenses to sell hemp-derived THCa.
Risks associated with THCa use occurs when it is heated, smoked or vaped causing it to turn into psychoactive THC; risks of consuming unregulated THCa include inconsistent potencies, lack of labeling and information and contamination by pesticides, heavy metals and molds.
Not all council members opposed the ban.
Ald. William Hall (6th) proposed an ordinance to tax and regulate hemp as opposed to banning the products, Axios reported in a story earlier this month.
“The work to address safety and regulation at state and local levels related to hemp continues,” Mayor Brandon Johnson said on January 7. “Our communities require legislation that addresses concerns related to minor consumption, as well as opportunities for regulation that supports entrepreneurs and municipalities.”
In contrast, Alderman Tabares said her job was to protect the safety of her constituents rather than revenue generation for the city.
“If Mayor Johnson depends so heavily on the revenue generated from products that hurt consumers, then I urge him to reconsider his budgeting priorities,” she said. “Chicagoans can continue purchasing unregulated cannabinoids in different wards or in the suburbs, but I’m not willing to put our neighborhood families at risk for any reason.”
Tabares’s constituents have made it “crystal clear” they do not support the sale of unregulated intoxicating hemp sold in her ward, she said.
“My job is to fight for them,” Tabares added. “Springfield has tried but failed to provide guidance on this issue to all Illinois municipalities. So, since Springfield won’t step up to protect my neighborhood from harmful products, I will.”
“]] Chicago’s 13th and 23rd wards banned unregulated hemp sales, citing safety risks, sparking tension between businesses and public officials. Read More
