The Wheaton City Council will be considering an ordinance that would prohibit the sale and distribution of certain psychoactive substances, including Delta-8 THC, Delta-9 THC (outside regulated cannabis), kratom, tianeptine, and recreational nitrous oxide. During its April 6, 2026, City Council Meeting, the City Council received a proposed ordinance for a first reading, and the Council is expected to take formal action during its April 20 meeting.

The proposed ordinance relates to a growing number of psychoactive substances being sold in retail establishments such as gas stations and vape shops with little to no regulatory oversight. These products are often accessible to minors; lack consistent standards for testing, labeling, or dosage; and can pose significant health risks, including addiction, impaired judgment, neurological damage and/or death. Many other jurisdictions have already taken action to protect health and safety in their communities by banning or restricting their sale. 

A related federal bill will begin prohibiting hemp-derived products including THC in November 2026. The City’s proposed ordinance would create a local ban until the federal bill becomes effective, and it would allow such substances to be enforced by local law enforcement through November 2026 and beyond. 

Exceptions to the proposed ordinance include licensed medical professionals, legitimate medical or industrial uses, and lawful prescriptions. 

The full proposed ordinance being considered by the City Council is available for review on the City’s website.  

The Wheaton City Council will meet on April 20 at 7 p.m. in the Council Chambers of City Hall, 303 W. Wesley St. Meetings are open to the public and will be recorded. A link to register to watch the meeting on Zoom will be included in the meeting agenda, which will be published on April 17.