At its October 19, 2026, City Council meeting, the council approved an ordinance banning the sale of Kratom by businesses in Darien.
Kratom is derived from the leaves of Mitragyna speciosa, a tree native to Southeast Asia. Its primary active compounds, mitragynine and 7-hydroxymitragynine (7-OH), interact with opioid receptors in the brain. Kratom products are commonly sold at gas stations, convenience stores, and smoke and vape shops in forms such as powders, capsules, liquid shots, and concentrated 7-OH tablets. Kratom is not approved by the U.S. Food and Drug Administration (FDA) for any medical use. The FDA has issued multiple warnings to sellers about Kratom products, particularly concentrated 7-OH products. Reported health risks include liver toxicity, seizures, substance use disorder, and death.
Illinois Law and Local Action
Under the Illinois Kratom Control Act (720 ILCS 642/5), selling Kratom to anyone under 18, or allowing a person under 18 to purchase or possess it, is prohibited. State law does not otherwise broadly prohibit Kratom sales to adults or comprehensively regulate product strength, labeling, or purity.
Two bills introduced during the 2026 spring legislative session—SB 3160, the Kratom Prohibition Act, and HB 4737, the Kratom Consumer Protection Act—did not advance. In the absence of broader state action, a number of municipalities across Illinois have considered or adopted local restrictions. Darien is a home-rule community under Illinois law.
Community Education: Tobacco Retailer Environmental Scan
At the October 19, 2026, City Council meeting, local experts presented “Tobacco Retailer Environmental Scan,” a presentation addressing local retail environments and related public health concerns. The presentation can be found here.
The following individuals presented the Tobacco Retailer Environmental Scan and its findings related to the retailer environment and emerging public health concerns, including the availability of Kratom products:
- Mimi Doll, Director of Research, DuPage Federation on Human Service Reform
- Jordan Esser, Assistant Director of Community Initiatives, DuPage County Health Department
- Sabrina Abdul-Qadir, Executive Director, DuPage Federation on Human Service Reform
- Judith Lukas, Coroner, DuPage County
The DuPage Federation on Human Services Reform is pleased to share a new research report examining tobacco retailers across DuPage County. Prepared for the DuPage County Health Department, the Tobacco Retailer Environmental Scan examines the distribution and density of tobacco retailers, the range of tobacco, THC, and Kratom products available for sale, and advertising, promotion, and product placement strategies that may disproportionately affect youth and other vulnerable populations.
The presentation offers recommendations for raising awareness, educating the community, informing professional practices, and supporting policy development.
Neighboring Communities
- Wheaton - On April 20, 2026, the Wheaton City Council adopted Ordinance O-2026-19, which prohibits any person or business, including liquor and tobacco licensees, from advertising, selling, giving away, delivering, or distributing Kratom, Kratom extracts, 7-OH, and other novel psychoactive substances. The prohibition applies regardless of whether a product is labeled "not for human consumption." Violations carry a fine of not less than $500 for a first offense and not less than $1,000 for each subsequent offense. Each sale and each day a product is offered for sale is a separate violation. Violators must reimburse the city for laboratory testing, and city-issued business licenses may be suspended, revoked, or not renewed after notice and a hearing.
- Naperville - On September 1, 2026, the Naperville City Council voted 8-0 to prohibit the retail sale of both natural and synthetic Kratom products, following a unanimous recommendation from the city’s Liquor Commission. The ban took effect October 1, 2026, which gave staff time to notify affected retailers. The ordinance does not prohibit adult possession or use. In support of the ban, the Naperville Police Department reported four Kratom-related overdoses in 2026, one of which was fatal and attributed to Kratom by the coroner.
In addition, Winnetka, Plainfield, Minooka, Normal, and Bloomington have also adopted Kratom sales bans.
As additional information, the link below takes you to an article from the Mayo Clinic titled Kratom: Unsafe and Ineffective.
DuPage County Health Department has also taken the position that Kratom is an opioid, addictive and needs to be banned in Illinois. See attached flyer.
If you have additional questions, you may contact Mimi Doll, Jordan Esser or Austin Jump, Deputy Chief, Darien Police Department.
You can view the presentation from the City Council meeting here.