Federal and state laws on intoxicating hemp products are changing this November, and Oak Park’s village board updated its current ordinance to align while also bringing kratom into the conversation.
The federal FY2026 Agriculture appropriations act signed in 2025 changed the definition of hemp to consider total THC for products that use cannabinoids like Delta-8 in an effort to close the loophole the 2018 Farm Bill created. The new definition will ban any intoxicating hemp products that have over 0.4 milligrams of total THC. The Illinois Hemp Act, or SB 3222, requires any products over that limit to be sold in state licensed cannabis stores. Both changes will go into effect on Nov. 12.
These new regulations will impact most products on the market. Wake-N-Bakery, which has a location in Oak Park on 1012 Lake St., shared “What you need to know” about these changes in March stating a 10 milligram gummy “which is standard today — would exceed the limit by 25 times,” and urged customers to stock up now.
The village board amended the ordinance restricting and taxing these products to comply with the federal and state rules effective immediately while also adding more restrictions on kratom products at its meeting on July 28. Stores selling kratom products must pay a $300 licensing fee and there will be a $1.31 tax per unit sold.
President Vicki Scaman led the discussion at the meeting to explore banning these products entirely. Despite the market being smaller for kratom, there are concerns around the safety of these products, especially the concentrated version called 7-OH.
“In the past decade, there has been a 1,200% surge in calls to the poison control center specifically for kratom products,” said Oak Park Public Health Director Greg Olsen at the village meeting. “The issue with kratom products, and initially with intoxicating hemp, is we don’t know what’s in those products. There’s been studies that show that they can contain heavy metals, pesticide residue, and a lot of times the potency that’s labeled on the bag, or the package, is not what’s actually in the product.”
For local tobacco and smoke shops like Tobacco Zone, 6638 W. Roosevelt Rd., which has been serving Oak Park for about 16 years, hemp and kratom products are a lifeline to keeping the store successful.
“That’s the source of income for smoke shops,” said Ishaak Hamdan, an employee at the store. “Cigarettes you don’t make money on, so the delta and the kratom stuff are a big reason why half the smoke shops are still open. If they took away those two things, I think most smoke shops would shut down.”
Hamdan said the store only sells kratom products they get from licensed wholesalers but agrees that clearer packaging and possible limitations on the dosages sold could be a better alternative to banning.
“They’re going to get it either way. They’re not going to go to the dispensary because the dispensary is too high, they’re going to go to the streets. I think doing that will actually make it worse.” said Hamdan. “Smoke shops save people from that now.”
There are currently 24 municipalities that have banned kratom products according to Olsen. The closest being Rolling Meadows with a complete retail ban, and Naperville is currently working on a ban as well.
Trustee Brian Straw shared his opinion that a ban would not be effective unless the immediate surrounding areas also joined in the effort and that education on kratom should be the first priority.
Tobacco Zone is an example of a store that is located in Oak Park, however, a smoke shop just across the street is located in Berwyn, therefore, a village ban would not apply and the products could still be easily accessed.
“By not banning it and adding the public education piece, there’s more likelihood that people come to learn and understand the issues of the variability, the issues of the dangerous effects of an overdose,” said Straw.
He said he would be in favor of a ban if the neighboring governments were on board as well. The majority of trustees agreed that more education is needed before they are ready for a full ban.
“I’ll vote for this one because it’s all I can do at this time, and support coming back with a ban,” said Scaman. “I guess I’ll be calling my colleagues.”