Illinois Governor Puts Clout Behind Bill to Regulate Hemp Products Like Cannabis

Illinois Governor JB Pritzker has stepped into the heated debate surrounding hemp-derived intoxicants like delta-8 THC, throwing his weight behind legislation aimed at regulating these products. On December 13, Pritzker announced his support for House Bill 4293, a proposal that would bring intoxicating hemp products under the same stringent guidelines already applied to adult-use cannabis in Illinois.

Currently, hemp-derived intoxicants operate in a legal grey zone, widely available at gas stations, vape shops, and convenience stores without regulation. While cannabis is closely monitored under the state’s Cannabis Regulation and Tax Act (CRTA), hemp products—unintentionally legalized in the 2018 federal Farm Bill—remain unchecked. The proposed legislation would change that.

“This regulatory loophole puts Illinois consumers, especially children, at risk,” Pritzker said at a press conference. “We’re closing that loophole and creating a safer, more accountable marketplace.”

A Regulatory Loophole and Its Consequences

Under federal law, hemp is legal as long as its pre-harvest THC concentration stays below 0.3% by dry weight. But what happens after harvest? That’s where the trouble begins. Products like delta-8 THC are extracted from hemp, often concentrated into forms that can be far more intoxicating than natural cannabis.

These products—gummies, vapes, and oils—are frequently sold without oversight. No testing. No age limits. No controls to prevent deceptive marketing that targets kids. As a result, children and teenagers are consuming these products, sometimes with alarming consequences.

Pritzker cited startling numbers during his announcement: more than 9,000 delta-8 poisoning cases have been reported nationwide since 2021, with over 40% involving children. “Kids across Illinois are getting sick,” he said. “We can’t stand by while unregulated products make their way into their hands.”

Medical professionals are backing him up. Dr. Maria Rahmandar, who heads the Substance Use and Prevention Program at Lurie Children’s Hospital in Chicago, warned about the dangers during the governor’s press conference. “These products often look like candy or junk food,” she said. “We’re seeing children as young as two years old ingest these products unintentionally. That’s unacceptable.”

What House Bill 4293 Proposes

If passed, House Bill 4293 would reshape how intoxicating hemp products are sold and consumed in Illinois. Specifically, the legislation would:

• Align hemp regulations with cannabis laws: Hemp products would need to meet the same licensing, testing, packaging, and taxation standards required for cannabis.
• Restrict sales to licensed dispensaries: No more hemp-derived THC products in gas stations or smoke shops. Only approved cannabis dispensaries would be permitted to sell them.
• Implement age restrictions: Consumers must be 21 or older to purchase intoxicating hemp products.
• Address child-targeted marketing: Packaging and branding designed to mimic popular candy or appeal to minors would be strictly prohibited.
• Introduce processor licenses: Hemp processors would be eligible to sell their products through adult-use dispensaries with proper licensing.

Importantly, the bill does not impose restrictions on CBD products, which are non-intoxicating. Those would still be available outside dispensaries but with new registration and quality standards to ensure consumer safety.

The Politics of Hemp Regulation

Though the Illinois House unanimously passed the original version of H.B. 4293 in April 2024, its purpose has since shifted. Initially, the bill addressed massage therapy misconduct. The Senate gutted that language and replaced it with the Hemp Consumer Products Act, passing the new version in May 2024 with a 54-1 vote. Now, all eyes are on the House to take final action.

Senate Majority Leader Kimberly Lightford, who sponsors the bill, emphasized the need for balance. “This isn’t about attacking the hemp industry,” she said. “We want the hemp industry to survive and thrive. But we need to protect consumers, particularly children, and ensure products are tested, safe, and properly marketed.”

Lightford stressed that the legislation resulted from hours of discussions with hemp processors, cannabis businesses, and regulators. “This bill reflects our commitment to public safety, equity, and supporting reputable businesses,” she said.

Health and Safety Concerns Take Centre Stage

The push for regulation comes as more states grapple with the rise of intoxicating hemp products. Illinois isn’t alone; 21 states currently have no clear laws addressing delta-8 and similar cannabinoids. This lack of oversight has allowed a thriving underground market to flourish—one that sometimes skirts safety and quality standards.

According to the governor’s office, many hemp products sold in Illinois today contain far more THC than legal cannabis products. Worse, they often come from states with little to no regulation, raising concerns about pesticide exposure, synthetic additives, and other contaminants.

Dr. Rahmandar echoed these worries, highlighting how novel cannabinoids continue to outpace regulation. “These substances are being synthesized in ways we don’t fully understand,” she said. “And teens have no trouble getting their hands on them at gas stations and corner shops. That’s why this bill is so important.”

The Road Ahead for H.B. 4293

For supporters of the bill, the governor’s endorsement represents a significant push to close the loophole. Pritzker’s backing adds urgency to a measure that has already cleared the Senate but stalled in the House. Whether lawmakers will act remains to be seen.

In the meantime, public health advocates, cannabis industry leaders, and concerned parents are watching closely. The outcome of this legislation could set a precedent for how other states handle the murky issue of hemp regulation.

Senator Lightford remains optimistic. “We’ve done the work to balance safety, equity, and industry growth,” she said. “Now it’s time for the House to take action.”