Illinois Gov. JB Pritzker hosted a press conference today to voice his support for House Bill 4293 and regulating “intoxicating hemp” products sold outside of a licensed cannabis dispensary.

“This regulatory gray area has created a loophole that put Illinois consumers of all ages, but particularly children, in danger while an underground market flourished—the exact opposite of what Illinois has done by regulating our cannabis industry,” said Pritzker. “We’re closing that loophole and protecting Illinoisans of all ages by incorporating these products into the regulated and equitable system of dispensaries already in place in the state.”

HB4293, also known as the Hemp Consumer Products Act, would change the definition from the 2018 Farm Bill for Tetrahydrocannabinol (or THC), which would be redefined as, “any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol or tetrahydrocannabolic acid, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, tetrahydrocannabolic acid, tetrahydrocannabipherol, or hexahydrocannabinol, however derived, or any other substance determined to have similar intoxicating effects on the mind or body by the Department. For the purposes of this definition, ‘isomer’ means the optical, position, and geometric isomers.”

HB4293 would allow for the retail sale of non-intoxicating CBD products outside of a dispensary setting, but with included regulations and quality-standard requirements. Lawmakers ultimately did not bring HB4293 to the floor for a vote in late May 2024, but HB4293 is still one final vote from being sent to Pritzker to sign into law.

The Illinois Hemp Business Association (IHBA) quickly responded with its own press release, stating, “HB 4293 is not regulation—it’s a full-scale ban that wipes out nearly all federally legal hemp-derived products, including CBD lotions, shampoos, and pet care items,” the IHBA’s press release stated. “The legislation would benefit large marijuana corporations at the expense of Illinois residents and the legitimate small businesses that follow federal law, yet does nothing to curb online sales of hemp products to minors from out-of-state companies. We agree with the calls to enhance consumer safety, but we must work together to craft thoughtful, targeted regulations that deliver real public health and economic solutions for our state.”

The Illinois Hemp Growers Association (IHGA) responded with its own press release, stating, “The Illinois hemp industry is disappointed to see that Governor Pritzker is encouraging the House to reconsider failed legislation HB4293. A bill which is anti-competitive and shortsighted. A bill which saw a plethora of lawmakers remove themselves as sponsors during the 2024 spring session due to its harmful strategy. Make no mistake, HB4293 is not a stakeholder bill . . . HB4293 is a bill that will recriminalize a majority of the hemp industry and the Illinois Hemp Growers Association (IHGA) is strongly opposed. There is no compromise with the hemp industry in this bill. This bill will hurt farms and small businesses across the state.” IHGA instead supports House Bill 5903.

The Cannabis Business Association of Illinois (CBAI) also quickly responded by applauding Pritzker’s support for HB4293 and hemp regulations. “A federal loophole has allowed for the proliferation of intoxicating hemp products such as Delta 8, which use potentially harmful chemicals to alter the composition of hemp to get consumers high,” said Tiffany Chappell Ingram, Executive Director of the Cannabis Business Association of Illinois. “This is happening outside the structure of the state’s legal cannabis industry, meaning there are no rules or regulations guiding the production or sale of these products–which the Federal Drug Administration warns have not been evaluated for ‘safe use in any context.’ This not only leaves consumers at risk, it also undermines the state’s carefully regulated cannabis market, particularly social equity cannabis license holders who face extensive rules and regulations to operate while those selling intoxicating hemp continue to get off easy. We applaud Gov. JB Pritzker’s call to protect consumers and rein in this gray market. We urge lawmakers to take swift action, as Illinois is already falling behind other states that have adopted meaningful regulations.”

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