If you’re interested in using medical marijuana in Illinois, you’ll have to fit a few criteria.
On June 25, 2019, Gov. J.B. Pritzker signed the HB 1438 into law, legalizing possession of recreational marijuana for adults at 21 years of age and older.
The new state law didn’t override the local laws.
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This article is designed to help you make an informed decision about buying CBD in Illinois. We’ll look over the state laws and how they apply to CBD, then show you how to find a reputable supplier.
You will likely be able to find CBD in-store as well, but keep in mind that it will probably be more expensive.
First, let’s take a look at the local laws regarding marijuana.
Once you have obtained a medical marijuana license, you are free to purchase CBD through an online retailer or from a local dispensary.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Hemp-derived CBD must follow labeling requirements for cannabis-infused products and contain the following:
Illinois CBD laws
The Farm Bill preserved the power of the Food and Drug Administration (FDA) to regulate CBD’s therapeutic claims, labeling, and use as a food additive. However, despite the passage of the Farm Bill and the removal of hemp-derived CBD as a Schedule 1 substance, the FDA has taken the stance that even hemp-derived CBD may not be marketed as a dietary supplement or added to any food or beverage products. Currently, the FDA is re-evaluating that stance, but it hasn’t revised the rules or regulations surrounding CBD products, leading to further confusion. During the re-evaluation process, the FDA has also been strict against CBD products, brands, and retailers making health claims or content that could be interpreted as medical advice.
While both the 2018 Farm Bill and the Industrial Hemp Act make the cultivation and sale of hemp-derived CBD legal, in order to legally cultivate hemp applicants must submit an application for each noncontiguous land area and each indoor cultivation operation area to the Illinois Department of Agriculture with:
Hemp is also subject to random testing to ensure that THC concentration does not exceed 0.3% by weight. Samples are collected by the Illinois Department of Agriculture and are tested directly by the department or sent to an approved third-party lab for testing. If THC levels are found to be between 0.3% and 0.7%, licensees have the opportunity to pay for a retest. Otherwise, the hemp must be destroyed.
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The confusion however starts with the DEA listing hemp as well as marijuana as Schedule I drugs, which is the same category as heroin or ecstasy but the 2018 Farm Bill has legalized industrial hemp all over the country.
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CBD products (including CBD Oil) containing less than 0.3% of THC is allowed in Illinois.
In addition to CBD, the state also allows possession of small amounts of marijuana but the term ‘small’ is not quantified.