Illinois bill regulating delta-8, other hemp products is pending in the House of Representatives

Sellers of delta-8 THC, CBD and other hemp-derived products breathed a sigh of relief Wednesday as state lawmakers left Springfield without passing legislation that would effectively ban most of their sales.

But supporters on both sides of the contentious debate pitting Illinois’ multibillion-dollar cannabis industry against a growing cannabis sector said they were disappointed to be entering another summer without any regulations on drugs that are readily available to young customers.

“We don’t want pop-up tobacco shops opening on every corner,” said state Rep. La Shawn Ford, D-Chicago. “We need to make sure we have certain licenses and limit the number of licenses so that we don’t turn Chicago into ‘Delta and Marijuana City.’

Ford opposed legislation passed by the Illinois Senate over the weekend by a 54-1 majority that, among other things, would restrict sales of hemp-derived THC to state-licensed cannabis dispensaries.

Sales of psychoactive products such as delta-8 and delta-9 have surged over the past few years at gas stations and convenience stores across the country thanks to a loophole in federal law that does not limit sweat-like substances that can be extracted from cannabis. High school students in Chicago were outraged by such products, which are not subject to rigorous testing and labeling requirements.

A bill sponsored by state Sen. Kimberly Lightford, D-Hillside, would eliminate delta-8 sellers that do not go through Illinois’ rigorous — and expensive — licensing process, but House members have not made that decision. bill by the end of the marathon spring budget session.

“After months of negotiations, the Senate passed bipartisan legislation agreed to by all parties, further ensuring our shared goal of a fair, equitable and safe industry,” Lightford said in a statement. “Our proposed bill demonstrated the urgent need to regulate the cannabis industry before we lose another young life to these ubiquitous products. It is a pity that the House could not meet this urgent need.”

Lightford’s bill could be considered by the House when members return to Springfield in the fall, although approval would be more difficult. Laws adopted after May 31 require a three-fifths majority.

Ford estimated that support among his colleagues in the House Democratic caucus was well below that threshold.

He’s pushing for a separate bill that would limit sales to people 21 or older, require manufacturers to undergo product testing to obtain a $500 license, impose a 10% tax rate on sellers and – most importantly, he said – allow existing sellers stay on the market.

“It’s not like we can get rid of it. You can’t ban something that’s grown like that,” Ford said. “Let’s not try to create an industry that directly competes with cannabis. Put this industry in its own lane, just like beer is in its own lane and rum and spirits are in their own lane.

Jennifer Weiss, owner of Cubbington’s Cabinet wellness store in Roscoe Village, said she was “extremely relieved” about the postponement of the Lightford Act, which Weiss said would also effectively ban the non-intoxicating CBD products she sells – and put her out of business.

“This would benefit large cannabis companies, but unfortunately not the hundreds, if not thousands, of small businesses that rely on hemp-based products,” Weiss said. “What we need now is negotiations in good faith with all interested parties at the table.”

Tiffany Chappell Ingram, executive director of the Cannabis Business Association of Illinois, which pushed Lightford’s bill, said in a statement: “We are disappointed that the House has not passed necessary reforms to our state’s cannabis laws and will continue to allow synthetic cannabis products that cause disgust for sale to children and adults without supervision.

“Despite the overwhelming bipartisan support for these measures in the Senate, there is clearly more work to be done to educate lawmakers on these important issues.”

Speaking at an end-of-session news conference, Gov. J.B. Pritzker said he believed regulation would be “appropriate” but did not say whether he would support a ban on sales outside dispensaries.

“It is clear that this is not intended for medicinal purposes. “It’s not regulated like cannabis, and yet it goes on the market and there’s no limit to who gets it (or) how much they can get,” Pritzker said. “I really think we need to step back and ask what is in the best interest of the health of children and adults across the state.”