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Is CBD Legal in Illinois? CBD Laws 2022

Is CBD Legal in Illinois? CBD Laws 2022

Illinois has many claims to fame, from amazing architectural wonders to its proud history as the Land of Lincoln. But what you may not know is that the state has also been a leader in the movement to allow safe and legal access to CBD. 

Purchasing CBD online for at-home delivery is perfectly legal in Illinois.

As of 2022, the sale and distribution of CBD products is legal under the Illinois Industrial Hemp Act. Read on to get all the information you need about Illinois laws for CBD labeling and the sale of CBD products.

CBD Laws in Illinois: What You Need to Know 

Illinois was one of the earliest states to recognize the distinction between hemp and cannabis plants in terms of its intoxicating effects by way of three CBD laws in Illinois:

  • Illinois Industrial Hemp Act – In 2018, Illinois passed SB2298, the Illinois Industrial Hemp Act. This CBD law Illinois legalized industrial hemp plants and products, such as hemp-derived CBD. The law requires CBD products to contain less than 0.3% THC, an amount that won’t cause intoxicating effects. For Illinois residents, this means that the manufacture, sale and possession of CBD is fully legal as long as it is hemp-derived. There are no restrictions on the kinds of hemp-derived CBD products manufactured and sold — CBD oils, topicals, edibles and vapes are all legal.
  • Illinois Cannabis Regulation and Tax Act – HB 1438, the Illinois Cannabis Regulation and Tax Act, was signed into law in 2019. This bill legalized cannabis for both recreational and medicinal purposes. Adults over the age of 21 are legally allowed to use cannabis for recreational purposes, making Illinois the 11th state to legalize recreational cannabis. 
  • Right to Privacy in the Workplace Act – The Illinois State Legislature is currently considering HB 4116, which would enact protections for employees who test positive for THC. This is good news for CBD users as well. In general, CBD products shouldn’t result in a false positive as long as they contain 0.3% THC or less, but it is possible for trace amounts of THC to show up on a drug test. As of May 2022, HB 4116 has been referred to the Illinois State Senate Assignments committee for further consideration.

Is CBD Legal in Illinois?

In 2018, the United States Congress passed the Agriculture Act of 2018, which recognized the distinction between marijuana plants containing psychoactive ingredients and industrial hemp plants, which contain little to no THC. This act federally legalized CBD products derived from hemp plants but left it to individual states to set their own laws regarding CBD. 

Luckily for Illinois residents, Illinois passed its own Industrial Hemp Act in the same year. This meant that for those living in Illinois, hemp-derived CBD products were legal at both the state and federal level.

There are a few requirements for CBD products under Illinois law. That said, CBD oils, edibles, vapes and other products must:

  • Meet labeling requirements set by the Illinois Food, Drug, and Cosmetic Act
  • Disclose all ingredients, including flavor additives and preservatives
  • Be lab tested by a state-approved lab to guarantee the accuracy of the labeling
  • Contain less than 0.3% THC

CBD products are not currently regulated by the state beyond the labeling and testing requirements above. CBD products are also not currently regulated by the FDA. As a consumer, be sure to do your research and make certain your CBD comes from a trusted producer. 

That said, is it legal to grow CBD plants in Illinois? Under the 2018 bill, farmers, universities and the Department of Agriculture can legally grow hemp plants with a Hemp Grower’s License. Hemp processors must also register with the Department of Agriculture. 

Can I Buy CBD in Illinois?

CBD products in all forms can be purchased over the counter without a medical marijuana card in Illinois. CBD products are widely available across the state at dispensaries as well as other retail locations like drugstores, grocery stores and smoke shops.

Can I Buy CBD Online? 

Purchasing CBD online for at-home delivery is perfectly legal in Illinois. It’s also convenient, safe and offers many product options beyond what you’re likely to find in a local shop. 

To make sure you’re getting a high-quality CBD product online, adhere to the following:

  • Only buy from trusted manufacturers, like Zebra CBD, that conduct independent third-party laboratory testing and provide a Certificate of Analysis
  • Find the product’s testing results on the manufacturer’s website and check the product label to make sure that it contains less than 0.3% THC and no harmful ingredients like pesticides or heavy metals
  • Look for information about the company’s extraction methods and where its products are sourced

Can I Buy CBD at a Dispensary?

You can purchase hemp- and cannabis-derived CBD oil Illinois at any licensed dispensary in Illinois. That said, cannabis-derived CBD products fall under the medical marijuana program, meaning consumers must have a medical marijuana card to buy.

Hemp-derived CBD with less than 0.3% THC content is also available in everyday retailers, such as grocery stores and pharmacies. There are also numerous licensed recreational and medicinal dispensaries, especially in the larger cities like Chicago, Aurora and Joliet.

Legal Status of CBD in Illinois

Currently, CBD is legal in Illinois, provided it meets certain labeling and testing requirements. When buying a CBD product from a licensed dispensary, consumers must be over 21 years of age. When buying online, it’s likely that retailers require buyers to be 18 or over.

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in Illinois?

Yes, CBD is legal in Illinois. Hemp-derived CBD products are widely available online and at dispensaries and retailers, and cannabis-derived CBD products are available to those with a medical marijuana card. 

2. How old do you have to be to buy CBD in Illinois?

Illinois has no state-wide law addressing the legal age for purchasing CBD. Illinois state law recognizes that hemp-derived products are distinct from cannabis extracts, but because the regulations are unclear, some sellers may still require buyers to be over the age of 21. For online CBD purchases, most sellers require customers to be 18 or over.

3. Can I sell CBD products in Illinois?

If you wish to sell CBD products in Illinois, you will need to be licensed as a dispensary. Dispensary licenses are obtained by applying to the Illinois Department of Financial and Professional Regulation, Division of Professional Regulation (IDFPR).

Sources: 

Food and Drug Administration. Hemp Production and the 2018 Farm Bill. https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019

Illinois General Assembly. Industrial Hemp Act. https://ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=SB&DocNum=2298&GAID=14&LegID=108613&SpecSess=&Session=

Illinois General Assembly. Bill Status of HB4116. https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4116&GAID=16&DocTypeID=HB&SessionID=110&GA=102

Illinois General Assembly. Full Text of HB1438. https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=HB&DocNum=1438&GAID=15&LegID=&SpecSess=&Session=

Illinois General Assembly. Packaging and Labeling of Medical Cannabis and Cannabis-Infused Products. https://www.ilga.gov/commission/jcar/admincode/008/008010000E04200R.htmlIllinois 

Department of Agriculture. Notice of adopted rules: Industrial Hemp Act. https://www2.illinois.gov/sites/agr/Plants/Documents/Hemp%20Rules%20as%20adopted_2019-04-29.pdf

Thompson Coburn LLP. Cannabis state-by-state regulations. https://www.mondaq.com/unitedstates/cannabis-hemp/1230404/2022-state-by-state-ranking-of-cannabis-regulations