Illinois is among 21 states in the nation where intoxicating hemp products remain unregulated, but Gov. JB Pritzker announced Dec. 13 that he is hoping to put the kibosh on that free-for-all.
The head executive for the sixth most populous state in the U.S. threw his support behind legislation that intends to regulate products with hemp derivatives, such as delta-8 THC, similarly to licensed and tested cannabis products.
The legislation, House Bill 4293, would require all products containing intoxicating cannabinoids to adhere to the same standards outlined in the state’s Cannabis Regulation and Tax Act (CRTA), which Pritzker signed into law in June 2019 to legalize adult-use cannabis. This includes requirements for licensing, testing, taxing, packaging and age-gating.
Under current law, products with intoxicating hemp-derived cannabinoids are available in vape shops, smoke shops and convenience stores following their unintentional legalization in the 2018 Farm Bill—federal legislation that legalized hemp defined by a pre-harvest testing standard of 0.3% THC on a dry-weight basis. The federal legislation does not regulate finished goods.
“This regulatory gray area has created a loophole that put Illinois consumers of all ages, but particularly children, in danger while an underground market flourished—the exact opposite of what Illinois has done by regulating our cannabis industry,” Pritzker said in a Dec. 13 press release. “We’re closing that loophole and protecting Illinoisans of all ages by incorporating these products into the regulated and equitable system of dispensaries already in place in the state.”
H.B. 4293, which the Illinois House unanimously passed in April 2024, originally dealt with massage therapy misconduct. But the Senate gutted the language and replaced it to create the Hemp Consumer Products Act, which the upper chamber passed via a 54-1 vote in May 2024, sending it back to the House. The House has not acted on the amended bill.
The legislation intends to:
- Regulate intoxicating hemp products similar to how legal cannabis is regulated. This includes:
- Prohibiting packaging designed to imitate candy/popular food products
- Prohibiting packaging/marketing designed to appeal to children
- Requiring safe packaging for intoxicating hemp products
- Imposing taxation and testing requirements consistent with CRTA
- Dictate that these intoxicating hemp products will only be sold at licensed dispensaries (as opposed to gas stations, smoke shops, or stand-alone delta-8 shops)
- Make 21 years old the legal age for purchasing intoxicating hemp products
- Creates a hemp consumer product processor license to allow current hemp processors to sell into adult-use cannabis dispensaries
The retail sale of nonintoxicating CBD products will continue to be allowed outside of a licensed dispensary setting with certain product registration and quality standard requirements in place under the legislation, according to the governor’s office.
Pritzker drew attention to the safety concerns associated with an unregulated market that often allows youth to access intoxicating products.
“We are here today because children across the state of Illinois are getting sick and they’re being hospitalized. And we can take action to prevent it,” Pritzker said during a press conference on Dec. 13, when he was joined by medical experts and state lawmakers. “When we set out to legalize and regulate the cannabis industry here in Illinois, one of our most important priorities was the health and safety of consumers, especially children.”
The governor’s team pointed to increasing reports of minors ingesting intoxicating hemp products with no testing or dosage requirements under federal law. Pritzker’s team referenced a Chicago local news report that cited more than 9,000 cases of delta-8 poisonings reported nationwide since 2001, 41% of which involved children.
Dr. Maria Rahmandar, M.D., medical director of the Substance Use and Prevention Program at Lurie Children’s Hospital of Chicago, addressed these concerns during the press conference.
“Unfortunately, novel substances are constantly being developed to circumvent regulations, and our regulations are always struggling to keep up,” she said. “Our youth are the ones who suffer. Teenagers have no problem accessing hemp-derived synthetic products from convenience stores and gas stations often packaged in ways to intentionally appeal to the youth. And they’re being seen within our clinic and within the emergency departments of our state.”
Rahmandar said Laurie Children’s emergency room has seen children as young as 2 with unintentional ingestion of hemp products that can look like “candy and junk food” and that “much remains unknown” regarding the impacts of synthetically derived cannabinoid products.
According to the governor’s office, many hemp-derived cannabinoid products in Illinois contain THC amounts that far exceed what’s permissible for adult-use cannabis products and come from states with no oversight or testing for pesticides or biological contaminants. Harmful chemicals can sometimes be used to synthesize certain cannabinoids for unregulated products.
The Senate’s proposed amendments to H.B. 4293 aim to more clearly define the content limits of hemp, including natural and synthetic derivatives of THC.
Illinois Senate Majority Leader Kimberly Lightford, D-Westchester, who sponsors H.B. 4293 in the upper chamber, said during the press conference that the legislation is ultimately geared toward minimizing the “dangerous effects” of delta-8 products on children.
“We passed this bill back in May, and it’s been sitting over in our partner’s house in the House,” she said. “We’re very happy that the governor has really lent his support and his voice to this subject, and we’re hoping that the House is listening.”
Lightford said the Senate passed its version of H.B. 4293 after dozens of hours of meetings with the state’s cannabis and hemp industries and other leaders in an effort to protect consumers, help industry and uphold social equity promises as well as refrain from stifling reputable hemp businesses.
“It is vital we move forward towards regulation of hemp and delta-8 products and do so in a way that is equitable and provides opportunities within the evolving industry,” she said. “We support the hemp industry. This is not an effort to bash the hemp industry. We want the hemp industry to survive and thrive and continue evolving.”
However, Lightford said it’s important to place “proper” regulations on hemp processors and growers, so consumers know the actual content of the products they are purchasing.
