Is CBD oil legal in Illinois?
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- What is CBD?
- Why is CBD sometimes illegal?
- Illinois CBD laws
- Where to buy CBD in Illinois
- How to read CBD labels and packaging
Yes, cannabidiol (CBD) oil is currently legal in Illinois.
In May 2019, the Illinois General Assembly passed the Illinois Cannabis Regulation and Tax Act, which will legalize recreational cannabis on in January 2020, making the Land of Lincoln the 11th state to allow adult-use marijuana.
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.
After the 2018 Farm Bill became law in December 2018, many states have been revising their approach to hemp, hemp-derived CBD, and hemp-derived CBD products.
What is CBD?
CBD stands for cannabidiol, which is the second-most-prominent cannabinoid found in the cannabis plant after THC. Unlike THC, which produces the high typically associated with cannabis, CBD is non-intoxicating. It also shows significant promise as a therapeutic treatment because of its anti-inflammatory, analgesic, and anti-anxiety properties, as well as its potential to suppress seizure activity.
Why is CBD sometimes illegal?
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.
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.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
The Farm Bill preserved the power of the Food and Drug Administration (FDA) to regulate CBD’s therapeutic claims, labeling, and use as a food additive. However, despite the passage of the Farm Bill and the removal of hemp-derived CBD as a Schedule 1 substance, the FDA has taken the stance that even hemp-derived CBD may not be marketed as a dietary supplement or added to any food or beverage products. Currently, the FDA is re-evaluating that stance, but it hasn’t revised the rules or regulations surrounding CBD products, leading to further confusion. During the re-evaluation process, the FDA has also been strict against CBD products, brands, and retailers making health claims or content that could be interpreted as medical advice.
While the federal legislation still highly regulates the production and sale of hemp and hemp-derived cannabinoids, including CBD, the Farm Bill also gives states the power to further regulate or even outright prohibit CBD cultivation and commerce. States also have the power to regulate the use of CBD in food, dietary supplements, beverages, and cosmetic products independently of the FDA finalizing its rules.
Illinois CBD laws
While the state passed the Industrial Hemp Act prior to the passing of the 2018 Farm Bill, the Illinois Department of Agriculture adopted a set of temporary rules under the Industrial Hemp Act in early 2019. Under these rules, the state’s definition of industrial hemp remained consistent with the federal government’s limit of 0.3% THC by weight.
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.
Licensing requirements for CBD
While both the 2018 Farm Bill and the Industrial Hemp Act make the cultivation and sale of hemp-derived CBD legal, in order to legally cultivate hemp applicants must submit an application for each noncontiguous land area and each indoor cultivation operation area to the Illinois Department of Agriculture with:
- Name and Personal address.
- Business address.
- Type of business or organization.
- Map and legal description of the proposed growing area.
- Types of hemp proposed for cultivation.
- $100 application fee.
Applications are processed within 30 days and, if approved, cultivation licenses are valid for up to three calendar years from the date of issuance. Current licensing fees are $1,000 for a three-year license; $700 for a two-year license; and $375 for a one-year license. Under current regulations, anyone with a prior felony related to controlled substances in the 10 years prior to their application date is ineligible for a hemp cultivation license. Failure to comply with licensing procedures may result in fines of up to $10,000 per violation.
Hemp is also subject to random testing to ensure that THC concentration does not exceed 0.3% by weight. Samples are collected by the Illinois Department of Agriculture and are tested directly by the department or sent to an approved third-party lab for testing. If THC levels are found to be between 0.3% and 0.7%, licensees have the opportunity to pay for a retest. Otherwise, the hemp must be destroyed.
Labeling requirements for CBD
Hemp-derived CBD must follow labeling requirements for cannabis-infused products and contain the following:
- The name and post office box of the cultivation center.
- Registered name of the cannabis product.
- A serial number that aligns with the producer batch and lot number.
- Date of testing and packaging.
- Identification of the testing laboratory.
- Date of manufacture and “use by” date
- Content of THC, tetrahydrocannabinolic acid (THCA), CBD, cannabidiolic acid (CBDA), and any other ingredients besides cannabis.
- Clear language that the product is not for medical use and not for resale or transfer.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
Illinois CBD possession limits
It is legal to cultivate and sell hemp-derived CBD, including CBD oil, in Illinois, but there are no defined possession limits in place.
Where to buy CBD in Illinois
Hemp-derived CBD products — including CBD oil — are available in a variety of online or retail stores. It’s important to research CBD and purchase products from a reputable source since the manufacture and sale of CBD products remain largely unregulated.
How to read CBD labels and packaging
Illinois has strict labeling requirements for cannabis-infused products, and even if you purchase online, most reputable CBD producers will typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full spectrum, broad spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Illinois? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Illinois CBD laws Where to
CBD Oil in Illinois
CBD was first discovered in Illinois. The discovery was made in 1940 by Roger Adams. The state has sought to maintain its pioneering ways where CBD and marijuana are concerned.
Today, this is one of the states where recreational marijuana is legal. The law, as of January 2020, allows people to smoke recreational cannabis as long as they don’t do it in public spaces.
Medical marijuana, of which CBD is a central component, is usually freely traded anywhere recreational marijuana is legal. Keep reading to find out more about CBD in Illinois.
Is CBD Oil legal in Illinois?
According to Illinois CBD laws, the simple answer to this question is yes. CBD is legal in Illinois. The law in Illinois is one of the most considerate rules for the user in the United States.
While the state can be commended for its marijuana laws, the situation has not always been as it is. The first recorded law on marijuana use in the state was the 1931 prohibition of marijuana use in the state.
In 1978, the state senate passed a law known as the Cannabis Control Act, which legalized medical marijuana. This approach was quite progressive, and Illinois was among the first states to take this step.
Although medical marijuana was technically legal, recreational cannabis remained entirely illegal. This meant that the government needed to put in place rules that would govern the use of marijuana in the state. These rules were not formulated and, therefore, medical marijuana though technically legal, remained unused.
This state of affairs changed in 2013 when the state legislature passed the first operational legislation on medical marijuana. A user can access medical marijuana from any of the state-sanctioned marijuana clinics across the state.
While all these bills were being passed, there was no law legalizing the growth of industrial hemp. The Illinois Industrial Hemp Act of 2018 remedied that situation. The law allows a person who needs medical marijuana, including CBD but is far from a clinic to grow their industrial hemp and then get their CBD from there.
By law, all CBD used in Illinois must be grown in the state. The state government licenses hemp farms from which the CBD and other medical marijuana products on sale in the state are processed.
How to Get CBD Oil in Illinois
Until recently, how one got CBD depended on the type of CBD oil they wanted to buy. If the product you want was extracted from hemp that has 0.3% THC, you could get it over the counter without needing consent from anyone.
Initially, it was necessary to get a medical marijuana card endorsed by a doctor if you wanted to buy CBD oil with high THC content. This was necessary because the law at the federal level doesn’t allow the growth of industrial hemp with more than 0.3% THC.
This situation changed in Illinois soon after Governor Pritzker, who is a prominent pro-legalization advocate, was elected into office. In June 2019, supported by an agreeable state legislature, the government legalized marijuana with any level of THC for recreational use.
There are two restrictions to the use of recreational marijuana; you have to be at least 21 to buy it, and you can’t smoke or vape it in public. ‘Public’ doesn’t only mean the streets; it also means bars, clubs, and other entertainment joints.
You can, however, use other formulations of THC dominant marijuana such as edibles , capsules , and oils in public. These formulations are allowed because they don’t cause a third-hand intake of THC weed.
The law legalizing the use of recreational marijuana took effect on 1 st January 2020. These new regulations automatically made it unnecessary for anyone who is over 21 to carry medical marijuana cards if their health needs are for high THC products.
The illegality of smoking and vaping any product with more than 0.3% THC in public remains even in the case of medical marijuana. You can only use these two intake methods privately.
Where to buy CBD Oil in Illinois
You can also buy CBD oil online. This may be the most convenient way to get your CBD. The online purchase gives you access to a wide variety of products from which to choose. There are many manufacturers of excellent reputation whose products you can access online.
There are two critical challenges with online shopping; one of them is that there is such a wide variety of products that an inexperienced buyer may get confused as they choose. The other possible challenge is the difficulty in determining the quality of the products.
When buying online, you should only buy from reputable vendors. Such vendors usually get their products tested by reliable third-party labs that display the contents of their products for customers to see. This way, you get to see what you will be taking into your body.
Another important consideration when choosing an online vendor is the efficiency of their shipping system. If you find multiple customers complain about an inefficient shipping system, you are probably better off choosing another vendor to avoid disappointment.
Our recommendation for a CBD vendor that can satisfy all of mentioned requirements is Sabaidee CBD – a brand with public lab tests, and an excellent shipping and return service, not to mention their always-on-top products coming with various strengths and flavors.
This article will explain everything about CBD oil in Illinois: legal status, where and how to buy CBD in Illinois, and 2021 updated news.