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East Dundee trustees debate ban vs. regulation for kratom, hemp and delta‑8 sales after police testing
Summary
Trustees heard from the police chief that field test kits can only detect THC presence, not percentage, and that specialty lab testing found a local shop’s product above the 0.3% legal threshold; board members split between drafting a local ban and pursuing a licensing/regulatory approach while awaiting state action on House Bill 5903.
At its Nov. 18 meeting the East Dundee Village Board of Trustees discussed whether to prohibit the sale of kratom and hemp-derived products — including delta‑8 tetrahydrocannabinol (THC) — or instead regulate their sale locally.
The village’s police chief told trustees a recent complaint and enforcement action found a smoke‑shop product that gave a field test positive for THC but required an expensive specialty lab to measure whether it exceeded the 0.3% THC legal threshold. “We confiscated the product, tested it, and it tested positive for presumptive presence of THC,” the Police Chief said, noting that local field kits cannot return a percentage and that specialty lab testing costs roughly $500.
Some trustees urged use of East Dundee’s home‑rule authority to ban sales. “We are home rule, so we can eliminate it,” President Lyno said, arguing an outright prohibition would remove an unregulated product from local shelves while the state works out rules. Other trustees warned a ban could have unintended consequences and urged licensing and regulation similar to a liquor or cannabis commission. “I would say in general I am against prohibition,” an unidentified trustee said, recommending a licensing model and the ability to suspend licenses for noncompliance.
Board members also noted state action may be imminent: one trustee referenced Illinois House Bill 5903, recently referred to the rules committee, that would reform hemp regulation. Several trustees said they preferred to collect more information — including what neighboring communities are doing, lab testing results from other sellers and whether stores already obtain lab certificates — before advancing an ordinance.
The discussion did not produce a formal ordinance. The board gave staff and police direction to test additional products purchased around the village, gather information about local regulatory models and report back at a future meeting. Trustees also asked staff to monitor state legislation (House Bill 5903) that could change enforcement and preclude local action.
Next steps: staff will purchase and test additional products around town, compile model ordinances used elsewhere, and return with costs, legal options and recommended language at a subsequent meeting.
