2021 Update:
Cultivating and selling hemp derived is legal in Illinois. Residents may have up to 5 grams of cannabis concentrate and 30 grams of cannabis flower in their possession.
The “CBD Safety Act” or the HB0147 is currently without any future date for resumption.
In 2019, Illinois legalized cannabis for adult use and the first in the country to adopt a regulatory system for cannabis cultivation, testing, and sales through a state legislature. Legalization in Illinois took great measures to undo harms from the war on cannabis. Estimately 740,000 cannabis cases will be eligible for autonmatic expungement. Those who were arrested, jailed, charged, or convicted of a marijuana offnse qualty for additional points on business applications and access to financial resources to start a business in the emerging cannabis industry.
Original Post:
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Illinois Hemp Laws and the legality of CBD in Illinois, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Illinois
Is Full Spectrum CBD Legal in Illinois?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products. Most hemp products that comply with FDA restrictions are legal CBD in Illinois.
Is It Legal to Ship PCR Hemp Oil to Illinois?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Illinois?
In Illinois, you can buy CBD and hemp online, in CBD stores, and in marijuana dispensaries. Unlike other states, Illinois allows marijuana growers to additionally grow and process hemp. They also allow them to mix hemp and marijuana products together. Be very careful because those products may contain more THC than a pure hemp product!
Do you need a special license to purchase PCR Hemp Oil in Illinois?
You don’t need a special license to purchase CBD hemp oil (all types) in Illinois, only to grow, test, or sell products.
How Does Illinois Legally Define Hemp?
'Industrial hemp' means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis that has been cultivated under a license issued under this Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.
Illinois SB2298
Growing and Selling Hemp in Illinois
Illinois hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow under Illinois SB2298.
Retail Hemp and CBD products must comply with Illinois hemp laws:
- Products must contain no more than 0.3% delta-9-THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- All processed hemp derivatives must be accompanied by a certificate of analysis showing potency levels for Delta-9 THC, THCa, CBD, and CBDa.
In addition to Illinois state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Illinois state hemp laws allow for many products, but defers to the FDA for final ruling on what hemp products may be legally sold:
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Hemp topicals
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
