Gov. JB Pritzker Supports Legislation to Ban Delta-8 THC and Other Intoxicating Hemp Products Outside Licensed Dispensaries

On December 13, 2024, Illinois Governor JB Pritzker announced his full support for legislation aimed at restricting the sale of intoxicating hemp products like delta-8 THC to licensed cannabis dispensaries only. The proposal comes in response to growing concerns about the unregulated market for hemp-derived cannabinoids, which has raised safety issues, especially for children and consumers unaware of the dangers posed by these products.

The Legislation: House Bill 4293

House Bill 4293, which was introduced earlier this year, is designed to bring hemp-derived intoxicating products under the same regulations as adult-use cannabis. These regulations would include licensing, testing, taxing, packaging, and age restrictions. The bill addresses a critical gap in federal law, which, since the passing of the 2018 Farm Bill, legalized hemp but did not regulate the final consumer products made from hemp derivatives.

Key Provisions of the Bill

The main provisions of the bill include the following:

Regulation Similar to Cannabis: Intoxicating hemp products like delta-8 THC would be regulated in the same way as cannabis products under the Cannabis Regulation and Tax Act (CRTA). This would include licensing, testing, packaging, and taxing.

Age Restriction: Only individuals aged 21 and older would be allowed to purchase intoxicating hemp products.

Safe Packaging Requirements: Packaging would be required to not resemble candy or other products designed to appeal to children. This move aims to mitigate the risk of accidental ingestion by minors.

Retail Exclusivity: Intoxicating hemp products would only be allowed for sale in licensed dispensaries, eliminating the current availability of these products in vape shops, convenience stores, and smoke shops.

Hemp Processor License: A new license for hemp processors would be created to allow businesses that produce hemp products to sell their goods through licensed dispensaries.

CBD Products: Non-intoxicating CBD products would remain available outside dispensaries but with product registration and quality control standards.

A Growing Problem: Youth Access to Unregulated Products

One of the primary concerns driving the push for this legislation is the growing number of incidents where children have ingested intoxicating hemp products. The unregulated market has led to products being sold without proper testing or dosage requirements, and packaging often mimics popular candy or junk food brands, making it easier for minors to access these products.

Reports indicate that since 2001, there have been more than 9,000 cases of delta-8 poisoning nationwide, with nearly 41% of those cases involving children. The Chicago-based Lurie Children’s Hospital has reported seeing children as young as two years old hospitalized after ingesting hemp-derived products.

Unregulated Products Pose Safety Risks

The lack of federal oversight over hemp-derived products has allowed products with unknown concentrations of THC and other potentially harmful chemicals to flood the market. Some products, including delta-8 THC, have been found to contain THC levels far higher than what is permissible in adult-use cannabis, and they are often produced in states that lack stringent testing or safety standards.

These unregulated products have raised alarms among medical professionals, lawmakers, and consumer safety advocates. Pritzker and other leaders in the state have made it clear that the legislation is intended to protect consumers and ensure that only safe, tested products are sold in Illinois.

Support for the Legislation

The bill has already passed in the Illinois House of Representatives, but it still awaits final action in the Senate. Senate Majority Leader Kimberly Lightford, a key sponsor of the legislation, expressed her commitment to advancing the bill to protect Illinois residents from the risks posed by intoxicating hemp products.

“We want to support the hemp industry and allow it to thrive, but we also need to make sure that consumers can trust the products they buy,” said Lightford. “This is about protecting our youth and ensuring that these products don’t end up in the wrong hands.”

The Senate passed its version of House Bill 4293 in May 2024 after extensive meetings with stakeholders from both the cannabis and hemp industries. The goal, Lightford noted, is to create a regulatory framework that allows hemp businesses to grow while ensuring consumer safety.

The Future of Illinois Hemp Regulation

If the legislation passes, it will mark a significant shift in how hemp-derived intoxicating products are sold in Illinois. By bringing these products under the same regulatory framework as cannabis, the state hopes to prevent the harms caused by unregulated sales and improve the safety of hemp products available to consumers.

As the state’s cannabis market continues to evolve, the regulatory landscape for hemp-derived products like delta-8 THC is likely to become an increasingly important issue for policymakers, industry leaders, and consumers alike. Governor Pritzker and state lawmakers have made it clear that they are committed to ensuring that Illinois remains at the forefront of responsible cannabis and hemp regulation.

Addressing the Challenges of the Hemp Market

As the hemp industry continues to grow, ensuring the safety and well-being of consumers remains a top priority for state leaders. The introduction of House Bill 4293 is an important step in addressing the unregulated market for intoxicating hemp products and protecting the most vulnerable, particularly children, from the dangers posed by these products.

Governor Pritzker’s support for the legislation highlights the state’s ongoing commitment to regulating its cannabis and hemp markets in a way that balances public safety with economic opportunity. The proposed changes would help ensure that Illinois residents can access safe, tested, and properly regulated hemp products, whether for medical use or recreational enjoyment.

With the support of lawmakers and industry stakeholders, Illinois is poised to lead the way in creating a more equitable and responsible hemp market, setting a model for other states grappling with similar challenges.