(A) Definitions.
(1) “ANALOG.” Either of the following:
(a) A substance the chemical structure of which is substantially similar to the chemical structure of a Federal Schedule I Drug, a Novel Synthetic Drug, or a Novel Psychoactive Drug; or
(b) A substance which has, is represented as having, or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of a Federal Schedule I Drug, a Novel Synthetic Drug, or a Novel Psychoactive Drug.
(2) “KRATOM.” Any part of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but not limited to mitragynine and 7-hydroxymitragynine.
(3) “NOVEL PSYCHOACTIVE DRUG.” Any compound, mixture, preparation, or substance, or its analog (including salts, isomers, esters, ethers, and salts of isomers), containing substances which have a psychedelic, psychotropic, hallucinogenic or other effect on the central nervous system or brain similar to the effect of any Federal Schedule I Drug or Federal Schedule II Drug, as listed in 21 C.F.R. §§ 1308.11 - 1308.12, not otherwise regulated or prohibited by state law.
(4) “NOVEL SYNTHETIC DRUG.” Any synthetic cathinone not regulated or prohibited by state law.
(5) “SYNTHETIC CATHINONE.”
(a) Any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with state and federal law, not including bupropion, structurally derived from 2- aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in one or more of the following ways:
1. By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents. Examples of this class include 3,4- methylenedioxycathinone (bk-MDA);
2. By substitution at the 3- position with an acyclic alkyl substituent. Examples of this class include 2- methylamino-l-phenylbutan-l-one (Buphedrone); or
3. By substitution at the 2- amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(B) Novel psychoactive and synthetic drug and Kratom businesses prohibited. No business licensed by the Village of Tinley Park shall manufacture, sell, offer for sale, give away, deliver or distribute any products that contain Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug. Businesses currently selling Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug as a main or primary product or use may apply for a one (1) year amnesty permit to continue to sell Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug. Upon the expiration of the one (1) year amnesty period, the business owner shall be prohibited from selling, giving away, delivering, or distributing any products containing Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug. Businesses currently selling Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug, as an accessory or primary product or use may apply for a six (6) month amnesty permit to continue to sell Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug. Upon the expiration of the six (6) month amnesty, the business owner shall be prohibited from selling, giving away, delivering, or distributing any products containing Kratom, or a novel psychoactive or novel synthetic drug, or a chemical analog of Kratom, or a novel psychoactive or novel synthetic drug.
(C) Public nuisance declared. Operation of any prohibited Kratom, novel psychoactive or novel synthetic drug business establishment within the Village of Tinley Park in violation of the provisions of this Section is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
(D) Penalty. Any person violating any of the provisions of this Section shall, upon conviction, be punished by a fine of no less than $100 and no more than $750. Each day such violation continues constitutes a separate fineable offense. Each prohibited sale shall likewise be considered and shall constitute a separate finable offense. Fines may be assessed in administrative adjudication, and/or through a local ordinance violation brought in the circuit court.
(Ord. 2024-O-029, passed 6-18-24)