* From a press release…

Today Governor JB Pritzker, joined by medical experts and legislators, announced his support for proposed legislation intended to regulate the “intoxicating hemp” industry, a term used to describe hemp-derived THC and CBD products currently sold outside of a licensed dispensary setting (such as Delta-8 products). The legislation, which follows reports of minors ingesting misleading or poorly labelled products, sets limits on intoxicating hemp products like those imposed on legal cannabis through the Cannabis Regulation and Tax Act (CRTA). These regulations would ban misleading marketing and packaging that rips off consumer brands to appeal to children while moving intoxicating hemp products into the state’s existing marketplace 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,” said Governor JB Pritzker. “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.”

“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,” said Lt. Governor Juliana Stratton. “This legislation ensures clear rules and fair oversight, protecting public health while creating a safer marketplace for everyone.”

The legislation:

• Regulates intoxicating hemp products similar to how legal cannabis is regulated, this includes:
o Prohibiting packaging designed to imitate candy/popular food products
o Prohibiting packaging/marketing designed to appeal to children
o Requiring safe packaging for intoxicating hemp products
o Imposing taxation and testing requirements consistent with CRTA

• Dictates 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)
• Makes 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

In recent years, there have been increasing reports of minors ingesting intoxicating hemp products, including Delta-8 variants, often marketed using the recognizable brand colors and designs for popular snack foods. With no testing or dosage requirement for these products, many contain amounts of THC that far exceed what is permissible for adult use cannabis products and come from out of state with no oversight or testing for pesticides or biological contaminants.

Retail sale of non-intoxicating CBD products will continue to be allowed outside of a dispensary setting with certain product registration and quality standard requirements.

I’ll post industry/stakeholder react if I receive any.

…Adding… The Cannabis Business Association of Illinois…

“A federal loophole has allowed for the proliferation of intoxicating hemp products such as Delta 8, which use potentially harmful chemicals to alter the composition of hemp to get consumers high. This is happening outside the structure of the state’s legal cannabis industry, meaning there are no rules or regulations guiding the production or sale of these products – which the Federal Drug Administration warns have not been evaluated for ‘safe use in any context.’ This not only leaves consumers at risk, it also undermines the state’s carefully regulated cannabis market, particularly social equity cannabis license holders who face extensive rules and regulations to operate while those selling intoxicating hemp continue to get off easy,” said Tiffany Chappell Ingram, Executive Director of the Cannabis Business Association of Illinois.

“We applaud Gov. JB Pritzker’s call to protect consumers and rein in this gray market. We urge lawmakers to take swift action, as Illinois is already falling behind other states that have adopted meaningful regulations. Senate Majority Leader Kimberly A. Lightford, House Assistant Majority Leader Kam Buckner and House Assistant Majority Leader Barbara Hernandez have been strong legislative champions, and we look forward to working collaboratively to put in place a measure that will empower consumers, protect public health and help ensure our state’s legal cannabis industry can reach its full potential.”

…Adding… Chris Lindsey at the American Trade Association of Cannabis and Hemp…

Governor Pritzker’s leadership on addressing unregulated synthetic hemp intoxicants represents an important step toward protecting public safety. Synthetic THC products like Delta-8 THC, Delta-10, and others, which are sold without proper testing, labeling, or oversight, pose significant risks to consumers who too often do not know they are consuming. Illinois has invested years in creating a robust regulatory framework for cannabis to provide for consumer protection and public health and safety. Unregulated synthetic hemp intoxicants undermine this goal.

Quote from Michael Bronstein, President of ATACH:
“Governor Pritzker’s call to regulate intoxicating synthetic THC products masquerading as “hemp” is both timely and necessary. These products create potential public health risks to consumers who all too often do not know what they are consuming. ATACH fully supports efforts to ensure cannabis and hemp-based products are tested, labeled, and regulated properly.”

…Adding… The Illinois Hemp Business Association is opposed…

“The Governor supports hemp regulation, and so do we. That is why Illinois hemp businesses – despite being ignored and dismissed – have long championed balanced, sensible regulations that shield families from bad actors who peddle dangerous synthetics disguised as hemp or shamelessly market to children. However, HB 4293 is not regulation — it’s a full-scale ban that wipes out nearly all federally legal hemp-derived products, including CBD lotions, shampoos, and pet care items.

“The legislation would benefit large marijuana corporations at the expense of Illinois residents and the legitimate small businesses that follow federal law, yet does nothing to curb online sales of hemp products to minors from out-of-state companies. We agree with the calls to enhance consumer safety, but we must work together to craft thoughtful, targeted regulations that deliver real public health and economic solutions for our state.”