Illinois will begin enforcing sweeping new restrictions on hemp-derived THC products on November 12, despite the federal government postponing many similar restrictions until December 11, according to a new bulletin issued by the Illinois Department of Revenue.
The October 14 bulletin confirms that Illinois will move forward with implementing its Hemp Act under the original timeline, requiring products containing more than 0.4 milligrams of total THC per container to be regulated as marijuana under the state’s Cannabis Regulation and Tax Act.
Under the changes, only state-licensed marijuana dispensaries will be authorized to sell products exceeding that THC threshold. Businesses operating outside the regulated marijuana market will no longer be allowed to sell or possess such products with the intent to distribute them.
The department specifically addressed whether Illinois would follow the federal government’s revised timeline, stating that enforcement will begin November 12 regardless of the federal delay.
Congress approved legislation in September postponing most of the new federal hemp restrictions until December 11, providing an additional 29 days before the stricter federal definition takes effect for many products. Certain restrictions involving cannabinoids that cannot occur naturally in the cannabis plant remain scheduled for November 12.
Illinois businesses will not receive that additional time under state law.
The department is advising retailers and distributors to review their existing inventories and develop plans for products that will no longer qualify as hemp. Options outlined in the bulletin include discontinuing orders, returning products to distributors or arranging to move inventory to states where the products may remain legal until December 11.
Businesses that continue selling newly classified marijuana products without appropriate licensing could face civil or criminal violations, product seizures, and additional taxes, penalties and interest.
Not all hemp-derived products will be prohibited outside marijuana dispensaries. Products containing no more than 0.4 milligrams of total THC per container, including THCA and other cannabinoids with similar effects, may continue to be sold if they satisfy the Illinois Hemp Act’s requirements.
Those requirements include restrictions on synthetic cannabinoids, mandatory laboratory testing, child-resistant packaging and detailed product labeling. Labels must identify cannabinoid content, ingredients, serving information, expiration dates and provide access to laboratory certificates of analysis.
Products intended for smoking or vaping will not qualify under the state’s definition of allowable final consumer hemp cannabinoid products.
The changes stem from legislation signed by Governor JB Pritzker in June that established a new regulatory framework for hemp-derived products. The law immediately prohibited sales of intoxicating hemp products to individuals younger than 21, with broader product restrictions scheduled to take effect in November.
The Department of Revenue’s latest bulletin also specifies that retailers must have products tested by laboratories approved by the Illinois Department of Agriculture before sale, using existing marijuana testing standards until hemp-specific standards are developed.
