Is CBD Legal in Illinois?

by Kat Austin December 04, 2020 6 min read

Is CBD Legal in Illinois? - VO Inc

With the legalization of cannabis in Illinois, many wonder, "Is CBD legal in Illinois?" Yes, CBD is legal, making Illinois one of the most hemp-friendly states in the U.S.

However, it's essential to understand that Illinois is still finalizing its hemp regulations, so navigating the laws surrounding CBD oil in Illinois is crucial for ensuring you purchase safe, legal products. Whether you're looking to buy CBD oil in Illinois or explore options like full-spectrum CBD oil, knowing the state's regulations will help you make informed choices.

Here’s what you need to know about Illinois CBD laws:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Illinois?
Is full spectrum CBD legal in Illinois?
Does Illinois have a CBD possession limit?
Can doctors prescribe CBD in Illinois?
Where to buy CBD in Illinois?
Do you have to be 21 to buy CBD in Illinois?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • Illinois has established laws permitting the manufacture, sale, and use of hemp-derived CBD products with less than 0.3% THC, following the 2018 Farm Bill's legalization of hemp nationwide.
  • There are no minimum age requirements to buy CBD in Illinois, but consumers under 21 may find it challenging to access CBD in stores.
  • While doctors can recommend CBD, no prescription is needed for access; however, consumers should vet brands carefully to ensure product quality.

Legal Concerns About CBD

A U.S. map with Illinois circled in red pen

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Several CBD oil products, which are legal to buy in Illinois

What are the CBD laws in Illinois?

Illinois has established lenient industrial hemp laws that allow the manufacture, sale, and possession of hemp-derived CBD products with less than 0.3% THC, following the enactment of the Industrial Hemp Act and temporary regulations that define legal hemp production and products in the state.

Here are the details:

As a state where both medical and recreational cannabis is legal, it's no surprise that Illinois has lenient industrial hemp laws, too. The state passed the Industrial Hemp Act to legalize hemp production before the 2018 Farm Bill came into play. In early 2019, Illinois enacted a set of temporary rules to define legal hemp production and possession within the state.

These rules define industrial hemp as “the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis” so long as the material was cultivated legally according to local jurisdiction, either in state or out of state.

Further, the state's Industrial Hemp Act suggest that hemp products, including “stripped stalks, fiber, dried roots, nonviable seeds, seed oils, floral and plant extracts (excluding THC in excess of 0.3%) and other marketable hemp products” are legal for sale in the state and across state lines. Later in this act, the state suggests that if any state laws appear to conflict with federal jurisdiction, then federal laws take precedence.

In other words, Illinois has relatively relaxed CBD laws and allows the manufacture, sale, and possession of industrial hemp-derived CBD products. Like other pro-hemp states, (see Colorado, Delaware, Virginia) there are no restrictions on the types of CBD products that can be made and sold in the state.

Is full spectrum CBD legal in Illinois?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Illinois has no laws restricting full spectrum CBD products that contain 0.3% THC or less.

Does Illinois have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal for adult use in Illinois, but fall under a different set of possession limits and restrictions.

Can doctors prescribe CBD in Illinois?

In Illinois, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states like Illinois where medical cannabis is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Illinois?

A CBD oil tincture, which can be found in stores and online in Illinois

In Illinois, industrial hemp-derived CBD products can be cultivated and marketed under the state’s agricultural hemp program. That means that CBD may be accessible in many places, including corner stores and grocery markets. Still, the state does very little to regulate the quality of marketable CBD products.

For consumers, this lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Do you have to be 21 to buy CBD in Illinois?

The legal age to buy CBD in Illinois is unclear, as there are no statewide regulations, leading to variations by jurisdiction and seller. While CBD is theoretically accessible to all ages, products like smokable hemp flower or CBD vaporizers may not be suitable for younger consumers.

Many smoke shops follow the legal age for tobacco, requiring customers to be at least 21, whereas several CBD brands allow individuals 18 and older to order legal CBD products online and ship them to Illinois.

 

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Illinois, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Illinois?

Are CBD gummies legal in IL?

Yes, CBD gummies are legal in Illinois as long as they are derived from hemp and contain less than 0.3% THC, following the state's CBD regulations.

What states don't allow CBD?

While most states have legalized CBD products, some states have stricter laws. States like Idaho, Nebraska, and South Dakota have limited or no legal access to CBD, making it essential to check local regulations.

How much CBD can you buy in Illinois?

In Illinois, there is no set limit on the amount of CBD you can buy for personal use, but the products must comply with state regulations, containing less than 0.3% THC.

Is Delta 8 illegal in Illinois?

Delta-8 is currently legal in Illinois as it falls under the state's hemp regulations, provided it is derived from hemp and contains less than 0.3% THC.

Is it illegal to fly with Delta-8?

Flying with Delta-8 can be risky as it is classified differently in various states. While it may be legal under Illinois law, federal regulations and the laws of your destination state should be considered, as Delta-8 may not be permitted on flights.

What is the difference between Delta-8 and Delta 9?

Delta-8 and Delta-9 are both cannabinoids derived from cannabis plants. Delta-9 THC is the primary psychoactive component found in marijuana and is responsible for the "high," whereas Delta-8 THC is a less potent cannabinoid that produces milder effects, making it a popular alternative for those seeking the benefits of THC without intense psychoactivity.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “INDUSTRIAL HEMP ACT” https://ilga.gov/legislation/billstatus.asp?DocNum=2298&GAID=14&GA=100&DocTypeID=SB&LegID=108613&SessionID=91
  3. “Notice of Adopted Rules, PART 1200 INDUSTRIAL HEMP ACT” https://www2.illinois.gov/sites/agr/Plants/Documents/Hemp%20Rules%20as%20adopted_2019-04-29.pdf

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