Hemp-derived CBD must follow labeling requirements for cannabis-infused products and contain the following:
The adopted rules also outline the legality of hemp-derived CBD products, including CBD oil. Under the temporary rules, the sale and transfer of all hemp and hemp-derived products that are in compliance with the state and federal definition is legal, both within and outside of Illinois.
That all changed with the passing of the 2018 Farm Bill, which legalized hemp cultivation and created a pathway to remove some cannabis from Schedule 1 status by creating a clear legal divide between the different types of cannabis. Under the new legislation, hemp is defined as cannabis that contains less than 0.3% THC by weight, while marijuana is defined as cannabis that contains more than 0.3% THC. The 2018 Farm Bill removed hemp-derived CBD from its Schedule 1 classification, but marijuana and marijuana-derived CBD remain federally illegal. Also, though hemp is now considered an agricultural commodity, it must be produced and sold under regulations implemented by the bill. To date, the U.S. Department of Agriculture (USDA) has yet to create these regulations.
Illinois CBD possession limits
Hemp strains don’t produce enough THC to cause intoxication, yet every type of cannabis was considered illegal under the 1970 Federal Controlled Substances Act. The legislation categorized all cannabis — including hemp — as Schedule 1, which defined cannabis as a substance with no accepted medical use, a high potential for abuse, and a likelihood for addiction.
Medicinal marijuana has been legal since the Illinois General Assembly passed the Compassionate Use of Medical Cannabis Pilot Program Act in 2013. The state has taken a careful approach to hemp and hemp-derived products, including CBD oil. Until recently, Illinois restricted cultivation of industrial hemp for research purposes only. In August 2018, the state passed SB 2298, also known as the Industrial Hemp Act, which lifted restrictions on industrial hemp and allowed cultivation for commercial purposes.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
It is legal to cultivate and sell hemp-derived CBD, including CBD oil, in Illinois, but there are no defined possession limits in place.
Is CBD legal in Illinois? To answer this question, you need to be aware of the current Illinois CBD laws. Legislation of CBD in Illinois has recently undergone a massive shift, with major alterations affecting almost all cannabis products. Even if Illinois was the 11th state to legalize adult-usage of cannabis, the state has long been suffering from regressive CBD legislation.
The cultivation and sale of CBD products derived from hemp are both legal in the state of Illinois. The state doesn’t currently have any possession limits.
2014 Cannabis Control Act
In 2013, all that changed when lawmakers legalized cannabis for medicinal purposes. CBD oil and cannabis derivatives fell under the Illinois Compassionate Use of Medical Cannabis Pilot Program. The Act permitted registered medical cannabis patients to buy no more than 2.5 ounces every 14 days. What’s more, a state-licensed dispensary would be responsible for selling CBD and other cannabis products.
As per the existing laws, persons with a felony affiliated with controlled substances aren’t eligible to receive a hemp license at all. Not complying with the licensing protocols may result in fines reaching up to $10,000 for each violation.
Once licensed, hemp farms are subject to random tests to make sure the THC concentration in the cannabis plants is below 0.3%. The Illinois Department of Agriculture collects these plant samples, which they check and verify with another third-party lab. In case the IDA finds the THC concentration levels to be more than the optimal threshold, they will demand the disposing of the plant.