Gov. JB Pritzker is calling on lawmakers to crack down on hemp products like delta-8 THC, saying they’re letting minors get high on untested and mislabeled cannabis — but it’s a move he says hemp store owners, would also result in the closure of legitimate businesses.
The governor spoke Friday in favor of legislation that would set a minimum age of 21 to purchase such products. This would require hemp companies to license, test and label their products, similar to legal marijuana. And it would ban copycat packaging that resembles common brands of candy or snacks.
“This regulatory gray area created a loophole that endangers Illinois consumers of all ages, but particularly children, while an underground market thrived – the exact opposite of what Illinois did by regulating our cannabis industry,” Pritzker said. “We are closing this gap and protecting Illinoisans of all ages by integrating these products into the regulated and equitable dispensary system already in place in the state.”
But hemp business owners say restrictions limiting sales to licensed dispensaries and limiting the percentage of intoxicating THC below 0.3% will put many of these small smoke and vape shops out of business.
Brandy Garner, a nurse and owner of Brandy’s CBD at 87th and King Drive, said patients use her products to relieve pain and other symptoms, and say they can’t find THC-free CBD products in many dispensaries. She feared the proposed regulations would put her out of business.
“Where does this leave us for our products? » she asked. “Should we just pack up and leave?” Many of us have invested a lot of money in this project.
The controversy reflects a fight between state-licensed cannabis business owners and hemp business owners. Ironically, despite being the same plant, cannabis remains illegal under federal law, while hemp was legalized nationally in 2018.
Hemp is legally defined as cannabis containing less than 0.3% delta-9 THC, the component of pot that gets users high. The intention was to legalize CBD, a non-intoxicating part of cannabis. But chemists have found ways to derive CBD from other compounds like delta-8, THC, and THCO, which get users high, although users say to a lesser extent than delta-9.
The result has been a nationwide proliferation of smoke and vape stores and gas stations that sell intoxicants, often without being explicitly licensed to do so.
Since there is no legal age limit in Illinois, the most serious problem has been the hospitalization of teenagers for ingesting the drug, as happened this month with three children in Rogers Park who ate cannabis candy.
State Rep. LaShawn Ford is sponsoring alternative legislation that would also require age limits, testing and labeling, but would allow hemp businesses separately, in addition to existing cannabis dispensaries.
He suggested a two-tier sales system in which cannabis, which is more potent, would be sold in dispensaries, while hemp, which is less potent, would be sold in separate locations. Banning hemp businesses completely, he said, would only push underground and online sales, where people can already order home delivery.
Ford said the Pritzker-backed bill would favor cannabis retailers by making them the exclusive sellers. Ford also said that placing hemp sales under the sole control of cannabis dispensaries gives those dispensaries control of the market.
The Illinois Healthy Alternatives Association, which represents many hemp companies, has called on lawmakers to implement common-sense regulations, including around age and safety measures. The legislation favored by the governor, they say, would eliminate the sale of most hemp products, including CBD.
“It contains a myriad of technical errors and is a total ban, whether they call it that or not,” said Charles Wu, owner of hemp company Chi’tiva. “It bans the hemp industry in Illinois but does nothing to curb online sales to minors from out-of-state businesses.”
