Let’s talk about a common question…”Is CBD legal in Illinois?”
CBD oil is legal in Illinois so long as it conforms to all requisite state and federal standards. Also, the state has a large number of medical and recreational dispensaries, particularly concentrated in locations around major city centers. As a side note, medical marijuana use became legal in Illinois in 2013 with the passing of the Medical Cannabis Patient Program (MCPP). This program was modified again in 2020. Recreational cannabis consumption became legal in June 0f 2019 with the adoption of the Illinois Cannabis Regulation and Tax Act.
Now we are going to learn more about Illinois CBD laws, licensing requirements in the state and where to buy CBD in Illinois.
What is CBD?
CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD shares the outer space in the cannabis plant with THC. Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative, pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.
CBD is a Cannabis Derivative
Cannabidiol is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant. This is an important distinction to keep in mind when answering the question, “Is CBD legal in Illinois?” CBD is a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%. Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high. In fact, this amount is so low that you could drink an entire container of CBD oil (not recommended), and still not get high.
Supplementing with CBD is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD research exploded over the last few years, and significant investments are continuing to be made in research and development. The FDA is still figuring out their approval process for CBD, so until this is complete, CBD will not be able to achieve the status of a dietary supplement.
Why is CBD Illegal in Some Places?
This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws. While most states have followed the Farm Bill of 2018 footsteps, a handful of states still have strange laws revolving around CBD. Thankfully, CBD is legal in Illinois. Illinois doesn’t have weird laws about CBD use. Some of the more conservative states identify CBD with marijuana, even though it is completely non-psychoactive. For this reason, they have a set of strict laws. As time goes on though, states are continuing to soften these CBD laws.
How Did the Farm Bill Help Hemp?
The 2018 Farm Bill brought a revolution for hemp and hemp derived products. The cultivation of hemp became federally legal for recreational purposes when this was passed. This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list. CBD is now legal in Illinois because it basically followed suit and created a similar state law, as mentioned above.
The United States FDA and CBD
The Food and Drug Administration has the authority of regulating CBD product labeling, monitoring therapeutic claims for CBD, and the usage of CBD for recreational and dietary purposes. The FDA, currently, has not allowed the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages. The FDA must authorize any health claims that CBD products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.
While the Food and Drug Administration has maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD as a dietary supplement. In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.
Let’s move on to CBD and its legal status in Illinois.
Is CBD Legal in Illinois?
Illinois has already taken many positions on the legalization of both cannabis and hemp.
In 2015, the Industrial Hemp Pilot Program became effective in Illinois law. This statute allowed for researchers and institutions of higher education to grow hemp for educational and research purposes. This Pilot Program was allowed under the 2014 Federal Farm Bill. The Illinois Department of Agriculture also promulgated Rules related to this program, which can be found here.
In August 2018, the Industrial Hemp Act became effective in Illinois. This Act expanded the growing and processing of hemp outside of higher education and researchers, and allowed for farmers and others to plant and process hemp in Illinois. The Illinois Department of Agriculture’s Rules on that program can be found at 8 IAC 1200. Those Rules became effective in April 2019.
Licensing Requirements for CBD in Illinois
CBD does not require a license for use in Illinois. The USDA recently approved the Illinois Department of Agriculture’s (IDOA) Hemp Plan. Following the plan approval, the next step is for IDOA to begin working on administrative rule changes, which will follow the process outlined by the Joint Committee on Administrative Rules and the Illinois Administrative Procedure Act.
Accordingly, IDOA will continue with current testing protocols for Delta-9 THC for all crops harvested in the 2020 season, and will not be implementing the testing of total THC (included THCa) that is included in the 2018 Farm Bill. IDOA will continue the random sampling program under existing rules.
Illinois CBD Possession Limits
Illinois has decriminalized all CBD possession limits. Currently, there is no possession limit for hemp-derived CBD products in Illinois.
Where to Buy CBD in Illinois?
To be honest, CBD products are all over the place in Illinois. Consumers can buy CBD oil and hemp derived CBD products from a variety of retail storefronts, gas stations, and kiosks within the state. I want to caution you, though, to be extra careful on where you purchase your CBD products. New Phase Blends is a veteran owned and operated CBD company, and we offer nothing but premium CBD products that come with a 30 day money back guarantee. At least give us consideration before purchasing – I know you’ll be happy with your purchase.
In the summer of 2020, the FDA conducted a study on CBD products from different brands. They reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive. I would hate to see a bogus CBD company rip you off. For more information on what to look for when purchasing a CBD product, check out this post by clicking here. In this post, I give you all of the indicators to look for in a premium CBD product so you will not be ripped off.
Winding Up | Is CBD Legal in Illinois?
Yes, CBD is legal in Illinois. Here are some things to look for to make sure your CBD falls within the federal guidelines for use:
- Hemp-derived CBD is legal
- It must contain less than 0.3% THC
- I recommend that the CBD labels include a QR code that scans to a third-party lab result
- Marijuana-derived CBD is not legal
That about wraps up covering the legalities of CBD within IL. If you are looking to purchase or possess CBD in Illinois, you don’t have to worry. It is 100% legal in Illinois.