In February, Chicago Mayor Brandon Johnson vetoed a proposed ordinance that would have restricted where certain THC products could be sold in the city, rekindling the  debate about how intoxicating hemp products should be regulated.

 The ordinance, passed by City Council earlier this year, would have required businesses selling hemp-derived THC products to obtain a cannabis retail license. Approved marijuana dispensaries already have those licenses.

City officials proposed the restrictions over concern about the legality of selling and consuming intoxicating hemp-based products. Officials aimed to ensure safe packaging, responsible sales and protecting young people while keeping small businesses on the ground running.

 This concern largely comes from the 2018 Agriculture Improvement Act, which legalized hemp and hemp-derived products as long as they don’t contain more than 0.3% THC. However, the legislation created a loophole allowing manufacturers to chemically process hemp into other intoxicating compounds, such as Delta-8 THC. 

Because these products technically meet the federal hemp definition, they are often sold outside of the strict regulatory framework applied to cannabis dispensaries. They can be found in places like gas stations, smoke shops and corner stores.

Don Opitz, the director of DePaul’s cannabis studies program, explained that there is a regulatory grey area in manufacturing. 

“These products are getting marketed in ways that make them look like candy or soft drinks,” Opitz said. “And there’s really no way to prevent sales to minors.”

Some Chicago alderpersons responded to those concerns by proposing the licensing requirement, and, in some cases, creating bans within individual wards. Supporters argued that limiting sales to licensed dispensaries would provide stronger oversight, age restrictions and product testing. 

However, Johnson vetoed the ordinance, arguing that the outright restriction would not solve the underlying regulatory issues.

According to Opitz, the mayor and many city officials agree that intoxicating hemp products should not remain unregulated, but they disagree on whether banning them from most stores is the best solution. 

“What the mayor is proposing and what many lawmakers want is to create a regulatory framework,” Opitz said. “The concern is that a ban threatens small hemp-based businesses, many of which are minority owned.” 

Johnson’s decision leaves the current system in place for now, meaning hemp-derived THC products can still be sold in a wide range of retail locations, but the debate is far from settled.

Some students at DePaul are also following the debate. Tyler Basham, a junior studying animation, said the conversation around cannabis regulation is complicated.

“The discussion around weed is actually incredibly difficult,” Basham said. “There are definitely aspects of the industry that need more restrictions and others that should be freed.”

Basham is also concerned about synthetic cannabis products that are created through chemical processes rather than grown naturally.

“Synthesized weed can be produced without oversight,” he said. “If it continues to exist, it needs much more regulation.”

Still, he believes legal cannabis markets can provide economic benefits for cities when properly managed.

Researchers point to scientific concerns surrounding synthetic THC products. 

Eiron Cudaback, an associate professor in DePaul’s health sciences department and a faculty member in the cannabis studies program, said Delta-8 THC has far less scientific research behind it than traditional cannabis compounds. 

“Delta-9 has many decades of research behind it in chemistry and pharmacology,” Cudaback said. “Delta-8 simply doesn’t have that history of scientific investigation.”

 Cudaback added that studies examining Delta-8 products have found inconsistent concentrations and chemical byproducts that scientists do not fully understand.

 He said Delta-8 is synthesized from CBD in a process that cyclizes its chemical structure by adding large amounts of acid followed by alkaline reagents, something that doesn’t happen in the plant.

“Therefore, along with Delta-8, you get a ton of byproducts of unknown structure, activity or toxicity,” Cudaback said.

After Johnson’s veto, Cityity Council failed to override the decision, which would have required additional votes that they were unable to secure. 

Another likely outcome is that Chicago will develop a new regulatory framework for hemp-derived intoxicating products rather than banning them outright according to Opitz. Federal action also may shape the city’s next steps, as new federal policies could further restrict synthetic THC products.

“Organic weed should be fully embraced, it would result in financial gain from new local businesses and for the city,” Basham said.

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