The City of Batavia is considering cracking down on the sale of unregulated psychoactive substances with the introduction of a new ordinance.

If approved, this legislation would prohibit local businesses from selling products such as Kratom, Delta-8 THC, synthetic cannabinoids, and other synthetic drugs.

City officials say the ordinance is a response to growing concerns about the health risks these products pose and their easy accessibility, particularly to young people. While cannabis sold at licensed dispensaries undergoes strict safety testing and regulations, the ordinance suggests that these substances often evade oversight, creating significant public safety risks.

Key reasons for the proposed ban:

• Health and safety concerns: Products like Delta-8 THC and Kratom have been linked to harmful side effects, including hallucinations, seizures, aggression, and even death.

• Lack of regulation: Unlike cannabis from licensed dispensaries, these products are not required to be tested for contaminants such as heavy metals, pesticides or residual solvents.

• Youth access: These substances can currently be sold to individuals as young as 18, while cannabis and nicotine products have a minimum purchase age of 21.

• Challenges for enforcement: Police have difficulty verifying the legality of these products due to constantly changing chemical compositions, making regulation and enforcement very difficult without significant resources.

The ordinance would also declare any business violating the ban a public nuisance, with penalties including fines of up to $500 per day. Licensed cannabis dispensaries, which already adhere to strict state regulations, would be exempt from the new rules.

City officials are considering action to address these public health risks with regulations not yet enacted at the state and federal level. Other suburbs like Elk Grove Village and Rolling Meadows have already enacted bans.

The Committee of the Whole is set to discuss the ordinance at its January 28 meeting.

View the full ordinance.

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