Antioch to Prohibit Sales of Delta-8 THC and Kratom Products by Businesses with Liquor and Tobacco Licenses

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Antioch, IL (December 1, 2023) – The Antioch Village Board has voted to prohibit businesses in the village with liquor and tobacco licenses from selling products containing delta-8 THC and kratom. Additional legislation is expected to be discussed in the near future, which would further limit the sale of these products through amendments to the village’s zoning ordinances. Village trustees voted 5-0 to amend Ordinance No. 23-11-32, which now prohibits liquor and tobacco license holders from selling the products.

Delta-8 THC has a similar molecular makeup to delta-9 THC, which is regulated by the state and only legally sold in licensed dispensaries. Antioch Mayor Scott Gartner has pushed for the village to be a leader within the state, restricting the sale of delta-8 THC and kratom.




“By simply manipulating the molecules that make up delta-8 THC by exposure to heat, someone can create a similar form of THC that is found in marijuana, creating psychoactive effects,” said Gartner. “Additionally, there is no way to verify who is manufacturing these products, or what is contained in them. We want to keep these types of products off store shelves and away from children in our community. The Village of Antioch appears to be the first non-home rule community in the State of Illinois to ban these substances but is by far the last. We’re seeing more and more legislative bodies coming to the same realization that we have, that these products do not belong in our communities.”

Last year, the U.S. Food and Drug Administration (FDA) issued a warning to consumers about the risks of delta-8 THC. On its website, the FDA stated, “It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put public health at risk and should especially be kept out of reach of children and pets.”




Due to health and safety concerns, several states have outlawed the sale and possession of kratom, including the bordering states of Wisconsin and Indiana. The FDA also warned consumers of kratom, because of risks of “serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD). In rare cases, deaths have been associated with kratom use, as confirmed by a medical examiner or toxicology reports.”.

Antioch Police Chief Geoffrey Guttschow says that, unlike delta-8 and kratom, the State of Illinois requires rigorous regulations on licensed cannabis dispensaries, where delta 9 THC is sold, as compared to the quick marts and gas stations where delta 8 THC products are commonly found being offered for sale in an unregulated market.

“These dispensary regulations are in place to ensure the safety of the products sold within them,” said Guttschow. “They encompass stringent quality control measures, rigorous testing requirements, strict age verification protocols, and comprehensive labeling standards designed to minimize potential risks associated with cannabis products.”

The ordinance goes into effect ten days after passage, which will be December 8, 2023.

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