Certain drug sales up in smoke after DeKalb city OKs ban

DeKALB – DeKalb city leaders banned vape vending machines and the sale of unregulated THC and the stimulant kratom, though some business owners recently argued prohibition would harm sales and was unfair because of the growing legal cannabis industry.

But elected officials in turn said that legal cannabis use is better regulated on the market for safety and to prevent selling the mind-altering drug to minors.

Shabbona resident Nicole Malek said she’s concerned as a parent of a 15-year-old son and a 17-year-old son who she alleged were able to buy tobacco products underage at a convenience store and a gas station in town. She said she doesn’t believe municipal fines are enough to deter illegal sales.

“It’s not enough,” Malek said. “It’s not enough to protect the health of my children.”

THC is the main psychoactive ingredient found in cannabis plants. Kratom is an herbal substance that produces both stimulant and opioid effects.

And despite city action this month, no vape vending machines exist in DeKalb. It’s not clear how many local stores, if any, sell kratom as of Thursday.

“I don’t have a count on the number of stores that were selling Kratom but the product is advertised on store windows, and the gentlemen who protested the shutdown of kratom at Monday’s meeting acknowledged its local sales,” City Manager Bill Nicklas said.

Nicklas spoke of the June 23 DeKalb City Council meeting, where some attended holding signs to protest the drug ban.

As of August 2024, the FDA recommends against kratom use for any medical treatment or as a dietary supplement, citing risk of illness or injury. Kraton cannot be marketed as a dietary supplement and cannot be added to conventional foods, according to the FDA.

Some who attended the meeting opposed the ban, saying they fear for the life of small businesses. A handful of attendees held signs that read “Same plant, different treatment” and “We are legal until you decide we are not.”

“I don’t disregard that there aren’t benefits or there aren’t effects, but if there are, then it’s going to be regulated.”

—  Alderwoman Barb Larson

Hatem Moshim, owner of Rocky’s Mini Market, 817 W. Lincoln Highway, said he was concerned about the ban restricting potential sales at his business. Moshim declined a request for further comment from Shaw Local News Network.

“I have kids, too,” Moshim said during the meeting. “I have family. ... I’m good with the law. Some cities, they pass the law. Some cities, they do not. I’m with the law.”

Among the reasons some business owners argued against the ban on THC or hemp byproducts is because they said similar restrictions don’t exist for other businesses, such as cannabis dispensaries.

But at least one DeKalb dispensary owner said business isn’t doing that well anyway.

Excelleaf Dispensary owner Maria Davis said their start-up operation has yet to turn a profit after about one year in business.

“Instead of taking a profit, we want to reinvest and build our spaces like this and also build out a network of communities so that when that point comes, we will be able to take part of it,” Davis said.

That’s one of the reasons Davis said Excelleaf Dispensary, 305 E. Locust St., has sought to expand its offerings to consumers. Earlier this year, Davis and her co-owners asked for city approval to offer edible cannabis tastings. They pitched it as a chance for customers to sample products, excluding smokeable ones, safely before purchase.

A tasting room hasn’t yet opened at the dispensary, though owners said they plan to after a final city vote at a July 7 meeting of the city’s Planning and Zoning Commission.

NuEra Cannabis CEO Bob Fitzsimmons applauded the City for taking steps to rein in the sale of hemp.

Much like Excelleaf Dispensary, NuEra Cannabis, 818 W. Lincoln Highway, had representatives attend for the recent Council meeting. He spoke about the ban in a follow-up statement to Shaw Local.

“These operators undermine everything Illinois has fought for in establishing a safe, legal cannabis system,” Fitzsimmons said in a statement. “They are subject to no safety standards, often sell products contaminated with pesticides, mold, and other dangerous toxins, contribute nothing to state or local budgets, and – most concerningly – are frequently accessible to children, as we heard from concerned parents at the hearing."

Some on the City Council, which voted unanimously in favor of the bans, said dispensaries often offer a safe chance for consumers to learn more about products before purchase.

Seventh Ward Alderman John Walker said it was easy for him to back the city’s ban on hemp-based THC and kratom sales.

“We got a dispensary who does it the right way,” Walker said. “If you got a problem with something or you don’t know about something, guess what they do? You sit there. They talk to you. They tell you the pros and cons.”

Second Ward Alderwoman Barb Larson said she’s not sold on the promise of an unregulated market for the drugs.

“I don’t disregard that there aren’t benefits or there aren’t effects, but if there are, then it’s going to be regulated,” Larson said. “It can’t be sold out of jar at a gas station. It just can’t.”

DeKalb joined a growing list of communities this week in banning both THC and kratom sales that includes Naperville, Rolling Meadows, Waukegan, Highland Park, Orland Park and more.

Fourth Ward Alderman Justin Carlson said he supports the ban.

“It has to be this way,” Carlson said. “That way, kids will be better. That way, we can do this the right way rather than the wrong way. Learn from the past is all I’m saying.”