1. Introductory Summary
Illinois currently permits the sale of hemp-derived products containing Delta-8 THC under a limited regulatory structure, treating these products as separate from cannabis but within an unregulated or “gray” market. Delta-8 THC is allowed under the state’s Industrial Hemp Act, provided that products contain less than 0.3% Delta-9 THC. While legislative proposals have sought to regulate Delta-8 similarly to cannabis, these efforts have yet to emerge.
2. Regulation of Synthetic THC Products
Illinois allows Delta-8 THC as long as it is derived from hemp and adheres to the federal threshold of 0.3% Delta-9 THC by dry weight. However, synthetic cannabinoids that are artificially manufactured are technically prohibited although not enforced against. .
3. THC Potency Limits
Illinois does not currently enforce specific potency limits for Delta-8 THC per serving or package.
4. Public Health Measures
Public health measures specific to Delta-8 THC in Illinois are minimal. Although no state-mandated age restrictions apply, many retailers self-impose a 21+ age policy. Packaging requirements are limited to general labeling standards, with additional public health measures anticipated if proposed legislation advances.
5. Taxation and Fees
Delta-8 THC products in Illinois are subject to standard sales tax but are exempt from the excise taxes imposed on regulated cannabis products.
6. Licensing Requirements
Currently, Illinois does not require specific licenses for businesses selling Delta-8 THC products, as these items are not covered under the state’s cannabis regulatory framework. Vendors operate without licensing specific to Delta-8 THC.
7. Testing Requirements
Illinois does not mandate testing for Delta-8 THC products under its current regulations.
8. Packaging and Labeling Standards
Illinois lacks stringent packaging and labeling requirements for Delta-8 THC products. While some businesses voluntarily include potency and safety information, the state does not enforce child-resistant packaging or THC content warnings.
9. Advertising and Marketing Restrictions
Illinois does not impose specific advertising restrictions for Delta-8 THC products, allowing them to be marketed without the controls required for cannabis.
10. Local Authority and Zoning Restrictions
Illinois does not currently grant specific zoning authority to local governments for Delta-8 THC sales. Municipalities, however, may enact local ordinances that restrict the sale of intoxicating hemp products.
11. Product Recalls and Consumer Safety Provisions
Illinois has no established recall system for Delta-8 THC products, as they are unregulated under the state’s cannabis framework. Currently, recalls are voluntary in cases of contamination or safety concerns.
12. Legal Challenges Related to Synthetic THC Regulation
Illinois’ current permissive approach to Delta-8 THC has faced limited legal challenges, as products remain legally accessible under the state’s hemp laws.
13. Impact on Medical Marijuana and Adult-Use Cannabis Programs
Illinois’ approach to Delta-8 THC is currently independent of its medical marijuana and adult-use cannabis programs.