City of Wheaton, IL
City Council Passes Ordinance Regulating Psychoactive Substances and THC-Derived Products
At its April 20, 2026, meeting, the Wheaton City Council passed an ordinance that prohibits the sale and distribution of certain psychoactive substances, including Delta-8 THC, Delta-9 THC (outside regulated cannabis), kratom, tianeptine, and recreational nitrous oxide. The City Council reviewed the proposed ordinance for a first reading at its April 6 meeting and voted to approve the ordinance at the April 20 meeting. Enforcement of the ordinance is set to begin May 1, 2026.
The new 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 ordinance creates 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.
Any person, business or entity that violates the ordinance is subject to a minimum fine of $500 for the first violation and a minimum fine of $1,000 for subsequent violations.
The full ordinance is available on the City’s website.