“It seemed appropriate with egg prices today that we’d be searching for something else,” said Brett Davis, who runs the marijuana tour company Weed Bus Los Angeles and organized the “Easter nug hunt.”

Here’s a look at 4/20’s history and how it’s being celebrated this year:

Why 4/20?

The origins of the date, and the term “420” generally, were long murky.

Some claimed it referred to a police code for marijuana possession or was derived from Bob Dylan’s “Rainy Day Women No. 12 & 35,” with its refrain of “Everybody must get stoned,” 420 being the product of 12 times 35.

But the prevailing explanation is that it started in the 1970s with a group of bell-bottomed buddies from San Rafael High School, in California’s Marin County north of San Francisco, who called themselves “the Waldos.”

A friend’s brother was afraid of getting busted for a patch of cannabis he was growing in the woods at nearby Point Reyes, so he drew a map and gave the teens permission to harvest the crop, the story goes.

During fall 1971, at 4:20 p.m., just after classes and football practice, the group would meet up at the school’s statue of chemist Louis Pasteur, smoke a joint and head out to search for the weed patch. They never did find it, but their private lexicon — “420 Louie” and later just “420” — would take on a life of its own.

The Waldos saved postmarked letters and other artifacts from the 1970s referencing “420,” which they now keep in a bank vault, and when the Oxford English Dictionary added the term in 2017, it cited some of those documents as the earliest recorded uses.

How did 4/20 spread?

A brother of one of the Waldos was a close friend of Grateful Dead bassist Phil Lesh, as Lesh once confirmed in an interview with the Huffington Post, now HuffPost. The Waldos began hanging out in the band’s circle, and the slang term spread.

Fast-forward to the early 1990s: Steve Bloom, a reporter for the cannabis magazine High Times, was at a Dead show when he was handed a flyer urging people to “meet at 4:20 on 4/20 for 420-ing in Marin County at the Bolinas Ridge sunset spot on Mt. Tamalpais.” High Times published it.

“It’s a phenomenon,” one of the Waldos, Steve Capper, now 69, once told The Associated Press. “Most things die within a couple years, but this just goes on and on. It’s not like someday somebody’s going to say, ‘OK, Cannabis New Year’s is on June 23rd now.’”

While the Waldos came up with the term, the people who made the flier that was distributed at the Dead show — effectively turning 4/20 into a holiday — remain unknown.

How is it celebrated?

With weed, naturally.

In New York City, the cannabis brand Tokin’ Jew is advertising a kosher-style THC gummy line, “Tokin’ Chews,” designed to meet dietary restrictions for Passover.

Davis said he expected 300 people to partake in the West Hollywood Easter nug scavenger hunt this weekend, aided by a mobile app leading them through participating dispensaries, trivia challenges and “stoner activities.” There is a $500 cash prize.

In Portland, Bar Carlo is hosting the “blaze and praise” drag brunch. Cannabis consumption isn’t allowed onsite — “Please blaze before you arrive or go for a walk in the neighborhood in between performances,” the event listing reads — but there will be a door-prize gift basket from a local dispensary.

Bar owner Melinda Archuleta said the brunch is a dry run for hosting Pride month events in June. She herself doesn’t care much for marijuana, but as a Mexican American who has been influenced by Catholicism, she is interested in seeing the two cultures melded “in a cheeky way.”

“I’m really looking forward to seeing how the queens do it,” Archuleta said. “We’ve obviously given them carte blanche to do whatever they want — it’s 21 and up — so it doesn’t matter if it’s sacrilegious or borderline offensive.”

There are bigger celebrations, too, including the Mile High 420 Festival in Denver and one put on by SweetWater Brewing in Atlanta. Hippie Hill in San Francisco’s Golden Gate Park historically has attracted massive crowds, but the gathering was canceled for a second straight year, with organizers citing a lack of financial sponsorship and city budget cuts.

Just north of the Bay Area, Lagunitas Brewing in Petaluma, California, releases its “Waldos’ Special Ale” every year on 4/20 in partnership with the term’s coiners.

4/20 also has become a big industry event, with vendors gathering to try each other’s wares.

What about the politics?

There are 24 states that allow recreational marijuana and 14 others allowing it for medical purposes. But the movement recently has suffered some setbacks, with voters in Florida, North Dakota and South Dakota deciding not to adopt legalization measures last November.

Several states also have cracked down on intoxicating products derived from hemp, which have been widely sold even in prohibition states thanks to a loophole in the federal Farm Bill.

Marijuana remains illegal under federal law. As a candidate, President Donald Trump said he would vote for Florida’s amendment and signaled support for reclassifying marijuana as a less dangerous drug, a process started by the Biden administration.

But his administration has not indicated cannabis policy is a priority. A fact sheet released by the White House last month complained that marijuana decriminalization in Washington, D.C., was an example of “failed policies” that “opened the door to disorder.”

A bipartisan group of senators last week reintroduced legislation that would ensure states can adopt their own cannabis policies and remove certain financial hurdles for the industry, such as letting entities deduct business expenses on their taxes.

Charles Alovisetti, a lawyer with the cannabis industry law firm Vicente LLP, said he hopes the administration will push forward with marijuana reform at the federal level, saying “it does align with some of their policy objectives — namely reducing criminal activity, or cartel activity.”

He also encouraged advocates to keep pushing, noting some measures such as improving banking access for marijuana businesses might pass as part of larger legislative packages.

“You continue speaking up, even if the political momentum isn’t there,” Alovisetti said. “It’s only possible if you stay in everyone’s ear.”

The $210 gourmet meal at the Avondale eatery will cater to a growing interest in weed and a declining taste for booze, chef Devon Quinn said. Diners likely will get high, but won’t be stumbling out drunk, he said.

“We have seen a significant trend towards less alcohol consumption,” Quinn said. “People are becoming more mindful of the negative impacts of alcohol. But we still want to have cool dining experiences, and this is another way to do it.”

The dinner is on the upscale end of a wide variety of events being held to celebrate April 20. According to popular lore, the cannabis holiday was named after a group of friends who used to meet regularly at 4:20 p.m. to get high.

Since recreational cannabis was legalized in Illinois starting in 2020, sales of the drug have increased to $2 billion a year. The holiday this year has morphed into a weekendlong cultural celebration, and a marketing event for businesses.

Stores offer special discounts and giveaways, and see a surge in business, capitalizing on a growing commercial trend. The rate of people reporting past-year use of cannabis more than doubled from 2008 to 2022, based on data from the federal National Survey on Drug Use and Health.

After a spike in alcohol sales with the COVID pandemic in 2020, sales of wine, beer and spirits have fallen recently. Younger adults, especially, are more likely to use cannabis and less likely to drink alcohol.

While cannabis remains far behind alcohol in popularity, about 15% of people say they use marijuana, and more Americans are now choosing it for daily consumption than alcohol, according to a study last year in the Addiction Journal.

Americans increasingly view alcohol as unhealthy, with recent studies linking alcohol to cancer, and federal health officials attribute 178,000 deaths a year to excess drinking. Even though Gallup polls show a slim majority considers marijuana harmful, most say it’s less harmful than alcohol.

Still, it’s not harmless. Recent studies show cannabis is associated with a substantially increased risk of heart attack and stroke, and a higher risk of dementia and psychosis.

Nevertheless, cannabis users will be out in force at age 21 and older events across the Chicago area this weekend.

Dispensary 33, which with its partner Spark’d, are the first fully employee-owned pot stores in Illinois, is hosting Studio 420 at nearby Pizza Lobo in the Andersonville neighborhood.

Running from noon to 5 p.m. Saturday, Studio 420 aims to create a disco atmosphere with Plugged into the Universe DJs, an Aeriz dab bar, a smooth smoking device, a weed fairy giving out goodies, Them Bad Apples Bboy Crew bustin’ moves, and a meet and greet with rapper King Louie. Roger Rickshaw will provide transportation between the venues. The event is free but has limited space, so requires advance registration.

The Cannabis Equity Illinois Coalition High Rollers Game Night will offer games, raffles and a vape bar run from 4 to 7 p.m. Saturday at Walls Turned Sideways, an art gallery created by people who are formerly or currently incarcerated.

Public consumption remains illegal in Illinois, and consumption lounges remain rare, but several events will bring smokers together in private spaces.

Stash Dispensary in Orland Hills will use its consumption lounge, so far used only for events, to host its fourth annual Holding it Down for the Underground bash, from 6 to 10 p.m. Saturday, sponsored by Legacy cannabis; $25 tickets are required.

Going beyond cannabis, advocates will hold a bike ride to destigmatize psychedelics and fungi use, from noon to 4 p.m. Saturday, at Chicago’s Palmer Square Park.

Prohibition THCafe will hold a 420 Smoke Fest, starting with yoga and tea at 10 a.m., and culminating with a concert by Crucial Conflict and others at neighboring Reggies Rock Club starting at 6:30 p.m. Sunday.

Bud & Rita dispensaries are featuring a variety of special events this week, including psychics, caricature artists, glassblowing and ashtray painting.

Spark’d dispensaries will hold special events at their various locations, including the second annual Stoner Olympics at the dispensary and consumption lounge in far north suburban Winthrop Harbor, challenging attendees to joint rolling contests.

The Honeycomb Hideout in Addison will offer a 420 “weedster” egg hunt, a complimentary toast, Mr. CBD mocktails, smoking, dabbing and a complimentary vapor bar, from 2 to 5 p.m. Sunday.

Extending the 420 concept by a week, a 420 Finale with cannabis grower and promoter Jungle Cae will feature DJs, pizza and smoking from 1 to 5 p.m. April 27. Tickets are required.

And for those willing to travel a bit farther afield, actor Woody Harrelson’s Woodchella will feature music and cannabis all day Sunday at The Woods WeHo in West Hollywood, California.

“Consider the science behind the safety of kratom, and how many people rely on it every day,” James Pratt told the Village Board. “It’s used as a cup of coffee to help with focus and energy, others use it to manage pain and rely on it as an alternative to opioids.”

Speaking during the public comment portion of the April 8 Village Board meeting, Pratt, who lives in Deerfield, promoted the advantages of kratom. It was not immediately clear why Pratt addressed the board.

The April 8 meeting marked the first reading of an ordinance that would limit the sale of unregulated cannabis-like products in the village.

“The intent of this ordinance is to address cannabis-like products that are currently unregulated in Illinois,” Village Administrator Charles Meyer told the board.

As of Jan. 1, 2020, state law allowed the sale, use and possession of recreational cannabis – or marijuana, as it is more commonly known – in Illinois for adults age 21 and over. Subsequently, municipalities, including Morton Grove, established local ordinances related to that new state law. But, left out of that was rules on substances such as Delta-8, Delta-9, kratom and more.

“The Village has made deliberate efforts to regulate cannabis products within the community. However, over the past few years there has been an increase in the availability of “cannabis-like” products which often contain the same intoxicating effects of cannabis but are sold outside of State-licensed dispensaries,” reads background information on the proposed ordinance that was provided to village trustees. “These products are regularly available in stores that sell tobacco and gas stations. The lack of regulations allows for the sale of these products without restrictions on age or the other deliberate regulations enacted by the Village.”

Delta-8 tetrahydrocannabinol, also known as Delta-8 THC, and Delta-9 tetrahydrocannabinol, also known as Delta-9 THC, are described as psychoactive substances typically made from hemp-derived cannabidiol.

Though the proposed ordinance lists several substances that would be regulated, Pratt only spoke about kratom. He explained that it is a completely different plant from cannabis, that it is native to southeast Asia and should fall into its own legislation. It is also a product, he said, that has given many people “a second life.”

According to the National Institute on Drug Abuse – which is part of the federal government’s National Institutes of Health – kratom is an herbal substance that can have opioid- and stimulant-like effects. Though legal and relatively easily accessible, uses of kratom are not approved by the U.S. Food and Drug Administration.

“Instead of banning the sale of kratom,” Pratt suggested, “make sure it’s regulated.”

The proposed ordinance would amend the current local law. There would be no impact to recreational or medicinal cannabis sold at state licensed dispensaries in the village. The amendment would limit sales of cannabis-like products to only such state licensed establishments, according to text of the proposed ordinance.

There is one state-licensed cannabis dispensary in Morton Grove, but Meyer said there are a total of 13 establishments in the village that currently sell cannabis-like products.

The ordinance states that those products are often sold in smoke shops, vape stores and gas stations, and often have the same intoxicating effects of cannabis. However, the products are not licensed or regulated by state law, and are not allowed to be sold in licensed cannabis establishments.

A second reading of the proposed ordinance is expected at the next meeting. Trustees would then be expected to vote on it. If the ordinance is approved, it would be effective Aug. 1.

In his research, Meyer said he discovered 25 other communities in Illinois that have taken similar steps to ban the sale of THC products.

Elizabeth Owens-Schiele is a freelancer.

The suit, filed last week by a neighborhood resident, Beth Padera, claims that the city Zoning Board of Appeals (ZBA) improperly approved a special use permit for G.P. Green House, doing business as Guaranteed Dispensary, at 620 N. Fairbanks Court.

The complaint notes that the city zoning administrator had recommended denial of the application because the dispensary would be slightly within 500 feet of Guidepost Montessori at Magnificent Mile, at 226 E. Illinois St., in violation of Chicago zoning law.

The school administrator had written a letter to the city stating that the facility, which operates a day care,  adhered to state regulations for schools. But the zoning board wrote in its findings that the administrator failed to specifically state that it provides a “state-mandated basic education,” as required, which the ZBA concluded was vague and insufficient.

“The fact that nobody from Guidepost appeared at the hearing, despite multiple inquiries, also spoke volumes,” the ZBA wrote in its approval of the permit, which passed with a narrow 3-2 vote.

However, the city’s own legal counsel researched the issue and concluded that the Montessori site was, in fact, a school, which would disqualify the dispensary site.

The lawsuit also echoed residents’ concerns that the pot shop would create congestion that would block traffic, particularly ambulances trying to reach Northwestern Memorial Hospital, a block away.

But again, the zoning board felt that because no one from Northwestern complained about the traffic, it was evidently not a concern to hospital officials.

The site, in a three-story building at Fairbanks and Ontario Street, just blocks from the tourist attraction of Navy Pier, previously housed a restaurant. An attorney for the dispensary, Jim Banks, had said that traffic to the new business would likely be less troublesome than the restaurant rush, and that prior concerns about cannabis shops creating crime or hurting property values have been disproven.

The suit also asserted that zoning board member and former Ald. Helen Shiller should have recused herself because her son, attorney Brendan Shiller, represented G.P. Green House in obtaining its a conditional adult-use license from the state.

Shiller previously said that she had no conflict because her son had not been involved in the city permit process.

The local alderman of the 2nd Ward, Brian Hopkins, opposed the permit based on the residents’ concerns, including traffic and the store’s lack of parking. His office also noted that the city had required a nearby liquor store to get special permission to operate because of its proximity to the school.

Officials from the ZBA and G.P. Green House did not immediately respond to requests for comment. But the ZBA found that the business would be compatible with the character of the high-rise, mixed residential and commercial neighborhood. It also noted in its approval that a small group of residents had “continuously” contacted the chairman and staff to further argue the issue, “at a level that some might view as bordering on harassment.”

After voting to approve the permit in September of last year, the zoning board took until Feb. 20 to issue its written ruling. Shortly before that, the business submitted a permit application to build out the interior of the 5,925-square foot ground floor, and received city planning review approval in March.

In a 5-4 vote, the measure makes the advertisement, display, sale or delivery of edible synthetic THC products containing delta-8 or delta-9 illegal without a license from the state. Anyone who violates the rule could face a fine of $1,000 or more.

Smoke shop business owners spoke out against the ban at the Wednesday council meeting, saying the mandate would have a huge negative affect on their businesses. They had an ally in Councilwoman Tish Powell, who asked the council to instead consider an ordinance amendment that would set an age limit for those who buy the products and require that they be kept behind the counter.

Powell said the ban would “negatively impact people in our community that use these products. We are going to negatively impact the same small businesses we purport we want to support in our community.”

While the city can amend the ordinance later, it might be too late to save small businesses hurt by the rule change, she said.

“I want to make sure if this is sold in our community, that it’s done responsibly,” Powell said.

Julian Newsome, owner of 3 Head Smoke Shop on Route 20, told the council he invested $100,000 into his business this year. THC products make up 50% of his sales, he said.

Not only will the ban hurt small store owners, it’s also going to cause the city of Elgin to lose sales tax dollars because people will purchase the items in other communities or online, Newsome said.

Resident Bill Fullilove said the ban will hurt people as well, citing a neighbor who uses THS-infused edible products to counter the effects of her cancer pain.

“I have seen a lot of people use THC to get healing,” he said, adding that he’s never seen teens in any of the stores at which he shops.

Paul Patel, who owns a smoke shop in the Clock Tower Plaza, said he’s been vigilant in following “every single rule and regulation,” and that the products he sells have a QR code that provides a lab report on the level of THC. “We don’t sell to underage kids,” he said.

Patel, who said 40% of his sales were from such products, preferred that the city create regulations, like requiring a license and establish an age limit, rather than passing a ban. “This (ban) would hurt small business owners,” he said.

But not everyone was opposed to making the products illegal. Nicole Wheatley, of the Coalition for a Safe & Healthy Elgin, presented the council with a certificate of appreciation.

“I commend you for taking on this issue,” Wheatley said. “I know it’s an issue that has a lot of conversation back and forth, but I know it’s something that is important for our society, for Elgin in particular.”

There are four bills submitted in the Illinois legislature that would address the sale of THC-infused products, she said. Coalition members plan to meet with lawmakers in Spring field to ask they they approve legislation that would set the same regulations as cannabis and age restrictions, Wheatley said.

Gloria Casas is a freelance reporter for The Courier-News.

Councilwoman Jennifer Bruzan Taylor at the Naperville City Council meeting Tuesday asked city staff to bring back a report on how other Illinois municipalities’ are regulating hemp sales and the efficacy of the city’s existing law. Currently, the city limits the sale and delivery of THC products to people age 21 or older.

Bruzan Taylor received unanimous support from the council for her request.

In raising the matter, Bruzan Taylor pointed to reports of other suburban communities cracking down on psychoactive hemp products.

“What I’m hoping to get is some information-gathering from our staff here,” she said. “I want to see if staff can look into what exactly these communities are passing. Is it something that’s similar to what we passed or is it more expansive?

“What public safety concerns are they seeing, causing them to pass such ordinances and are we seeing this in our community here? Or is our current ordinance working as intended?”

In June 2023, the council passed an ordinance making it unlawful for “any business to sell, offer for sale, give away or deliver a tetrahydrocannabinol product by any means” to anyone under the age of 21. It also prohibited those under 21 from purchasing, possessing or using a THC product.

The city “decided to take action to protect minors within the community by prohibiting these products from being sold because there weren’t really any regulations on them,” said Jennifer Bonner, senior assistant city attorney.

Though hemp and cannabis derive from the same plant, federal law passed in 2018 legalized hemp by defining it as having less than 0.3% by dry weight of delta-9 THC, the component that gets users high.

The legalization of hemp created a loophole for products manufactured from hemp-derived cannabinol, which resulted in the emergence of hemp-derived THC products at tobacco stores and gas stations, staff said in a 2023 report.

In passing local age restrictions over the products, the Naperville Police Department was tasked with enforcing the regulations. Police conduct compliance checks three times a year in accordance with state standards, which include checks for the sale of THC products — as well as tobacco and alternative nicotine products — to minors, Bonner said. To date, the checks have not found illegal sales of these products, she said.

Bruzan Taylor in an interview Friday emphasized that her request was born out of “no other intended goal than just to get information at this time.”

“Sometimes, when we pass these ordinances, it’s for us to do a check-in to see how they are working,” she said. “How are they doing? Are they doing their intended goal?”

If there are no problems, there’s no need to regulate further, Bruzan Taylor said.

Naperville’s review of existing regulations comes in the wake of the Elgin City Council this month tentatively approving an ordinance that would ban the advertisement, display, sale or delivery of any products containing delta-8 or delta-9 THC without a state license.

The Rolling Meadows City Council unanimously moved to ban the retail sale of products containing hemp-derived THC last October. The ban took effect this month. Other suburbs that have adopted similar restrictions over the past few years include Elk Grove, Orland Park, Waukegan, Lake Zurich and Highland Park.

Restrictions have also often included the ban of the herbal stimulant kratom. Extracted from the leaves of a tropical tree native to Southeast Asia, kratom is often sold in gas stations or smoke shops and marketed as an aid for pain, anxiety and drug dependence.

The Drug Enforcement Administration considers kratom a “drug and chemical of concern,” but it is not a controlled substance. The U.S. Food and Drug Association hasn’t approved any drug products containing kratom or its main chemical components.

In Naperville, businesses are barred from selling or delivering kratom or a product containing kratom to anyone under 21. Those under 18 are prohibited from purchasing, possessing or using kratom. City officials placed restrictions on kratom in 2019.

The Chicago Tribune’s Robert McCoppin and The Associated Press contributed.

tkenny@chicagotribune.com

Because hemp products are largely unregulated, the shops faced no restrictions on the age of their customers or the amount they can buy. The shops also aren’t required to test and report on their products’  potency, or the impurities they contain.

Citing safety concerns, particularly for kids, Mayor Lara Sanoica and the City Council approved a ban on the retail sale of products containing hemp-derived THC, a psychoactive compound that gets users high. The ban took effect this month.

“The evidence is clear that these substances can cause serious side effects but does not yet support that they are an effective treatment for any illness or condition,” she said at the time.

In the absence of strong state and federal regulations, suburbs from Waukegan to Orland Park, and Highland Park to Elk Grove Village have issued bans or regulations on psychoactive hemp products like delta-8 THC. Twenty suburban mayors have also urged the state to regulate the industry.

In Chicago, Mayor Brandon Johnson supports efforts to allow hemp sales while licensing and taxing them. Hemp business owners say they welcome regulations, not bans, and say their livelihoods could depend on the outcome.

The divergent approaches have created a patchwork of laws governing hemp products across the state. Lawmakers again failed to act on the issue early this year, despite Gov. JB Pritzker’s call for a law to crack down on hemp sales, and an alternate bill to license and regulate hemp stores.

The public debate pits state-licensed cannabis companies, which often cater to the same customers , against hundreds of small startups that sell unlicensed hemp products. Unlike hemp shops, licensed marijuana shops may sell only to adults 21 and over, must limit their window advertising, must meet expensive licensing and security requirements, and must test and label their products for potency and purity.

Suburban officials are wrestling with what to do, as they balance public safety concerns against regulations that could put some hemp shops out of business.

Estimates vary, but various analysts have put national hemp sales at around $6 billion, compared with more than $30 billion for licensed cannabis. The 2023 National Institutes of Health Monitoring the Future survey found that 11% of 12th grade students reported using delta-8 THC products, which are derived from hemp, within the last year. In some cases, kids in Illinois schools have gotten sick from consuming the products.

Despite hemp having “undermined” the market, as Pritzker put it, licensed cannabis dispensaries sold a record $2 billion product in Illinois in 2024, a 2.5% increase from the previous year, the state reported. That generated $490 million in special cannabis sales taxes, while hemp products pay only standard sales tax.

Complicating regulation is the fact that hemp and cannabis come from the same plant. Federal law makes cannabis illegal, while allowing hemp by defining it as having less than 0.3% by dry weight of delta-9 THC, the component that gets users high.

The hemp industry has begun producing products, including drinks and edibles, that still get users high. Some of the hemp products even contain delta-9, a psychoactive compound typically found in cannabis.

Most suburbs do not have a lab or resources to test all the products sold. In Rolling Meadows, officials plan to do inspections to check for product labels that advertise THC, and issue warnings, then fines to store owners selling such products.

In west suburban Batavia, officials proposed banning hemp sales, but put the measure on hold after realizing it would hurt local businesses like Urban Apothecary, which sells CBD gummies that contain some THC, along with non-psychoactive therapeutic mushrooms and herbal teas.

“I’m not like a CBD or smoke shop,” owner Cheryl Cryer said. “I’m a registered herbalist. People come here because they’ve been exhausted through the medical system and referred to me.”

Cryer started her company in 2017 to promote natural healing over pharmaceuticals, and got a certification in medicinal plants from Cornell University. She processes hemp extracts for humans and pets with various ailments.

Her products are tested and labeled, she said, and she doesn’t sell to anyone under 21.

Officials in Batavia, where at least eight stores sell hemp products, expect to consider a less restrictive measure in the near future that will aim primarily to keep the products away from minors.

“We hope regulation will come from the state level,” City Administrator Laura Newman said. “It’s a patchwork of ordinances from town to town. We don’t want them to drive over the border to a neighboring community.”

South suburban Orland Park, which previously prohibited licensed cannabis dispensaries, also banned the sale of THC cannabinoids from either hemp or cannabis. Like Rolling Meadows, it also banned sales of the herbal stimulant kratom, and an addictive opioid called tianeptine, to promote “family values and public safety.”

Mayor Keith Pekau said in a statement that he doesn’t want to make more mind-altering drugs available.

“If kratom and other synthetics have medicinal benefits,” he said, “they should go through the FDA and (be) sold through pharmacies like other regulated drugs, and not sold in gas stations.”

Elsewhere, Highland Park, Lake Zurich and Waukegan have acted to ban intoxicating hemp products, and Elgin officials are considering doing the same.

Some cannabis derivatives, such as a pharmaceutical-grade form of CBD for severe epilepsy, or synthetic THC for nausea from chemotherapy, have been approved by the U.S. Food and Drug Administration.

But the FDA has issued warning letters against selling other products with delta-8 THC and CBD. The FDA warned that it had received reports of adverse events from consumers, and emphasized that the agency has not evaluated or approved any medical claims.

Several states also have acted to ban or restrict hemp, and have often faced legal challenges from the hemp industry. California Gov. Gavin Newsom issued an executive order to ban THC hemp products, which was upheld in an initial court ruling.

Hemp companies in New Jersey are in negotiations with state officials to resolve a lawsuit over a requirement for such businesses to be licensed by the state. As a result of a judge’s rulings, state officials said they can’t enforce a blanket ban on intoxicating hemp products, but can enforce a minimum age of 21 for purchasers, and a ban on sythentically derived products, such as delta-8 THC.

Missouri Gov. Michael Parson last summer issued an executive order banning intoxicating hemp foods at some 9,000 retailers statewide. State inspectors issued orders to dozens of stores to destroy psychoactive hemp products. But after a hemp trade association filed suit, state officials backed off and said they would only focus on misbranded products.

If formally adopted at the council’s Feb. 26 meeting, the advertisement, display, sale or delivery of any products contain delta-8 or delta-9 THC — the ingredient in cannabis that creates the drug’s high — would be banned without a state license. The minimum fine for violations would be $1,000 and the cost of lab tests.

However, the decision to move forward was not unanimous. Council members Tish Powell and Carol Rauschenberger voted against it.

Elgin Mayor Dave Kaptain first proposed a motion to ban the products in 2023, but it did not receive serious consideration until Wednesday, when councilmen Anthony Ortiz and Dustin Good resurrected the issue — with an accompanying ordinance.

Products that contain less than .03% of delta-8 or delta-9 THC can legally be sold under a 2018 federal law and typically are available at places like vape/smoke shops, convenience stores and gas stations. State law does not address their sale and there is no state or federal oversight of the products or their THC levels, city officials said.

“This is an unregulated industry, and the state legislature has not yet weighed in on regulating these products within (municipalities),” City Manager Rick Kozal told the council.

Without assurance that the General Assembly will pass legislation, Elgin’s ordinance will guarantee the products aren’t available in the city, Ortiz said.

One of his concerns, he said, is that the products appear to be marketed to children. One product he bought locally was named “Nerds,” which shares its name with a popular candy, he said.

“The packaging looks like it’s for kids, not adults,” Ortiz said.

He also was able to purchase a batch of homemade cereal sold in an unmarked plastic bag. The store clerk didn’t know how much THC it contained, he said.

The only way to know something’s delta-8 THC content is for the item to be tested in a lab, Ortiz said. As for delta-9 THC, lab tests cannot verify its presence, he said.

Powell said she’d rather the state regulate the sale of such products than for the city to fill the void.

“I would ultimately like to see, and would support, state legislation on this issue because I really do believe there are some safety issues that need to be dealt with,” Powell said. “I would much prefer to see a restriction requiring that products like these be treated like cigarettes and be put behind a counter, and you have to be 21 years old to purchase them.”

As a mother, Powell said she doesn’t want her son having access to the products. However, a ban will hurt businesses that are responsibly selling hemp items, she said.

Councilman Corey Dixon, who suggested tabling Kaptain’s motion in 2023 so the state could take action and more information might become available, said he’s changed his mind.

“I’m going to support this tonight because I do believe it will, hopefully, do more good than harm,” Dixon said. “I’m not going to let another two years go by and have no action taken.”

Kaptain said his arguments in favor of the ban remain same. “The world hasn’t changed. The state of Illinois still hasn’t moved on it,” he said.

“We have to err on the side of caution for the young people who are having access to these obviously flawed advertising and flawed sales of products,” the mayor said. “It’s not going to kill anyone’s business. It’s not going to put smoke shops out of business.”

Communities throughout Illinois have been having similar discussions about bans. The East Dundee Village Board had been considering an ordinance but has since been sued by a business owner who angered by the police department’s seizure of about $8,000 in products, which he charges was an illegal raid.

Gloria Casas is a freelance reporter for The Courier-News.

The cases highlight increasing debate over cannabis potency as the percentage of THC — the component that gets users high — keeps increasing, and as hemp producers operate without the same limits as state-licensed growers.

The law firm filing the suits, Luisi Holz Law, is seeking class-action status for customers who have purchased the products, and is seeking more than $5 million.

Lawsuits were filed in county or federal courts against Acreage Holdings, Aeriz, The Cannabist Co., Cresco Labs, Ieso, Cannabist, Verano, Cresco Labs and Progressive Treatment Solutions.

Under state law, cannabis-infused products, or edibles, cannot exceed 100 milligrams per package. By designating some products as concentrates, which have no such limit, the lawsuits allege, the companies are able to sell products containing one gram (1,000 milligrams) and are able to get around the restrictions.

The complaints allege that the manufacturers took market share and increased prices for consumers, causing them “damages and harm.”

Aeriz spokesman Ryan Thomas said in a written statement that similar complaints were filed against the majority of Illinois cannabis producers.

“The state of Illinois inspects our facility twice per week for compliance and we strongly believe our products are fully compliant with all state laws and regulations,” Thomas wrote. “We believe that the lawsuit is without merit and we intend to vigorously defend the lawsuit.”

Other defendants named in the suits could not be immediately reached or declined to comment In at least one case, Cresco filed to have the case dismissed.

One of the plaintiffs, Stefania Morgante, is a medicinal cannabis patient from McHenry County who was diagnosed with melanoma, went into remission, and is currently battling a return of her cancer for the second time. She uses Rick Simpson Oil, a cannabis oil, as part of her treatments.

“The product also places Plaintiff at risk of overconsuming, which could significantly impact her health outcomes,” the suit stated. “High-potency cannabis products have been linked to significant risk of psychosis and other psychiatric-related illnesses.”

Other plaintiffs include customers Chad Alsip, of Kane County, and Martize Gregory, of Cook County. The suits generally were filed in federal court in Chicago, or in at least one case in Cook County, and were seeking class-action status for all customers who have bought the products.

One suit against Lifted Liquids Inc., claimed its Urb hemp delta-8 and delta-10 products violated federal limits on THC. Hemp is limited by law in some states, but not Illinois. Federal law sets a limit of .3% THC, but has no limits on total THC for each package, allowing hemp products to sell much more than allowed in licensed dispensaries.

Another suit alleges that vaporizers are misclassified and selling beyond intended limits.

A suit against Verano Holdings Corp. challenges the status of Rick Simpson Oil. RSO, as it’s known, was named after a Canadian cancer patient who became a cannabis activist. It is a whole plant extract, prized for its high potency and “full spectrum” of marijuana cannabinoids and terpenes, and often used by cancer patients.

Verano, in a written response, denied the allegations.

“For plaintiffs to suggest that Verano products are misclassified and sold in violation of state regulations — where the state regulators have stringent requirements that must be achieved for approval of the products’ classifications, concentrations and labeling — is highly offensive, and renders this lawsuit entirely frivolous,” the Verano statement said. “Of principal concern is plaintiffs’ false alleged assertion, which is fundamental to their case, that all RSO products on the market manufactured and sold by all operators should be classified as ‘cannabis-infused products,’ when they are in fact classified, and regulated, as cannabis concentrates.”