Is Delta 8 THC Legal in Illinois?

Legality of buying Delta 8 THC in Illinois

View all Delta 8 THC Legal States Information

Delta 8 THC is legal in Illinois! Delta 8 THC is a psychoactive component of the industrial hemp plant. The 2018 US Farm Bill made industrial hemp-derived products legal. However, some States like Illinois have their own laws about these products within the State. So if you're thinking about buying or selling with any amount of Delta 8 in it, make sure to read this article before doing so!

Where to buy Delta 9 in Illinois

But before we dive into this specific type of THC, it's important to learn about the legality of the most famous, Delta 9 THC and where it stands in the state. The Delta 9 Tetrahydrocannabinol (THC) is the most abundant type of psychoactive cannabinoid found in industrial hemp. Oftentimes, those states that are favorable for Delta 9 THC are also more open to Delta 8 THC. Luckily for residents of Illinois, you can buy Delta 9 and Delta 8 in the state of Illinois.

Yes, Delta 8 THC is legal in the State of Illinois.

In Illinois, Delta 8 is allowed. The legality of hemp products has been top-of-mind for many as the Delta-8 effects are known for their psychoactive characteristics which help people feel a "high" when using the products. Industrial hemp contains over a hundred known natural cannabinoids which also includes the non-psychoactive cannabinoid, CBD. When the president signed the 2018 Farm Bill into law, it also provided protection for all other minor cannabinoids, such as Delta-8 THC, with the only exception for hemp being that the products can not exceed the .3% Delta-9 THC limit.

Since the federal hemp laws went into effect, it has many wondering about what is defined as legal hemp material. Legal hemp products can be found across the country, but unless you visit a dispensary, you're not likely to find products exceeding .3% delta-9 tetrahydrocannabinol (THC) concentration. That is because the .3% limit, which is measured on a dry weight basis, is the legal federal limit as declared in the 2018 Farm Bill. Each state then takes that guidance from the federal level, and defines their own state laws which require lawmakers to define their stance on tetrahydrocannabinols.

The Illinois Hemp Plan went into effect in August 2018, and though it lists other cannabinoids of hemp such as Delta-9 THC and CBD, it doesn't specifically mention Delta-8 THC by name. As one of the isomers of hemp, Delta-8 THC is one of the hemp derivatives, but it is not regulated in the State of Illinois. Derived from the industrial hemp plant, states are enabled to dictate specific Delta 8 THC Laws along with enacting Delta 8 THC Possession Limits in their state, however, Illinois has not chosen to go that route.

With Delta 8 THC Products and Delta 10 semi-regulated hemp market across the country, the lack of descriptive rules makes Delta 8 legal in the state. Therefore hemp strains originating from natural hemp material of the raw hemp plant remain legal, as long as the Delta-9 levels don't exceed .3%.

Current Illinois Delta-8 Legislation

Illinois hemp legislation, passed in the 2018 Farm Bill, aligns with current federal regulations. Illinois legalizes hemp and all derivatives so long as Delta-9 THC levels remain below 0.3%.

In the Hemp Rules which were adopted 4/29/2019, it states the following:

All industrial hemp plants are subject to sampling and testing to verify that the
delta-9 THC concentration does not exceed 0.3% on a dry weight basis.

All harvested industrial hemp receiving a sample test result with a delta-9
THC concentration on a dry weight basis that exceeds 0.3% and is not
retested at the request of the licensee shall be destroyed.

The adopted hemp rules for Illinois are clear that the type of tetrahydrocannabinol which is monitored by the state is strictly Delta-9 content which shouldn't exceed the .3% threshold as prescribed in the 2018 Farm Bill. Delta-8 content restrictions are not suggested nor imposed on neither the state or federal level. Therefore, according to Illinois state law, Delta-8 THC which is derived from industrial hemp is classified as a legal substance, as long as the Delta-9 THC levels remain at or below the .3% threshold.

Illinois Industrial Hemp Act

Shortly after the passing of the 2018 Farm Bill, Illinois lawmakers went to work to establish the state's industrial hemp act to be in compliance with federal regulations. The Illinois Industrial Hemp Act went into effect on 8/26/2018.

In the 505 ILCS 89/5 of the Act, it provides the following definitions:

"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.

"THC" means delta-9 tetrahydrocannabinol.

As the Act is written, the industrial hemp monitored in Illinois specifically aims to regulate the Delta-9 THC levels and Delta-8 THC is not a type of THC which is monitored in the state.

The state's Industrial Hemp Program is overseen by the Illinois Department of Agriculture, which provides licenses and monitors the program activities.

List of controlled substances

In the State of Illinois, Delta-8 THC is not found in the list of controlled substances.

Advocacy Groups in Illinois Supporting Delta 8 and Hemp Laws

Illinoisians show their support of Delta 8 and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in the Illinois:

Cannabis Equity Illinois
Cannabis Business Association of Illinois
Illinois NORML