CHICAGO – Illinois Gov. JB Pritzker announced support for proposed legislation aiming to regulate the “intoxicating hemp” industry.

Specifically, hemp-derived THC and CBD products, such as Delta-8 products, sold outside of a licensed dispensary setting. House bill 4293 would set limits on intoxicating hemp products similar to those imposed on legal cannabis through the Cannabis Regulation and Tax Act (CRTA). 

Additionally, the legislation would ban misleading marketing and packaging that resembles consumer brands favored by children. The intoxicating hemp products would then be moved into Illinois’ existing marketplace, causing the products to be subject to follow safe testing and dosage requirements.

“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.

“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.”

Lt. Gov. Juliana Stratton said, "These changes are motivated by a clear and present need to protect our children and communities. We have a responsibility to close these gaps that let unsafe, unregulated products reach the shelves." 

"This legislation ensures clear rules and fair oversight, protecting public health while creating a safer marketplace for everyone."

A deeper look at the legislation:

• Prohibit package designed to imitate popular food and candy products
• Prohibit packaging and marketing intended to appeal to children
• Require safe packaging for intoxicating hemp products
• Imposes taxation on products
• Imposes CRTA consistent testing requirements
• Hemp products may only be sold at licensed dispensaries (eliminates the sales at gas stations, smoke shops, and stand-alone Delta-8 shops)
• Establishes a 21+ years old age requirement for purchasing intoxicating hemp products.
• Creates a consumer product processor license for hemp to allow current hemp processors to sell into adult use cannabis dispensaries.

The Illinois Governor said that in recent years, there’ve been reports of minors ingesting intoxicating hemp products that were often marketed in packaging resembling recognizable brand colors and designs of popular snack foods.

These products currently do not have testing or dosage requirements. Potentially, the products may contain amounts of THC that exceed what’d be permissible for adult use in cannabis products. A lot of these products originate out of state without the oversight or testing for pesticides or biological contaminants.

Non-intoxicating CBD products may continue outside of a dispensary setting with specific product registration and quality standard requirements.

In the Governor’s press release, it claims that “nationwide, over 9,000 cases of Delta-8 poisoning have been reported since 2021, 41% of which involved children.”

“Harmful chemicals are used to synthesize these products. Much remains unknown regarding the impacts from these products, but we do know that youth are being exposed and reporting negative effects in our clinics and in the Emergency Department.,” said Dr. Maria Rahmandar, medical director of the Substance Use and Prevention Program at Lurie Children’s.

“We need to protect our youth and their developing brains/bodies from these products by getting them off the shelves of stores with youth access. We also should ensure even regulated products do not appeal to youth and continue to drive unintentional ingestions and youth exposures.”