CBD Oil in Illinois: Is It Legal?
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD in Illinois
- You can find a variety of CBD products across the Prairie State.
- Hemp-growing laws in Illinois are some of the most relaxed in the U.S.
- Growers need a license to operate in Illinois.
- CBD-specific hemp crops are the most lucrative crop in the state.
- While marijuana-derived CBD is available at dispensaries, retailers may only sell hemp-derived CBD containing 0.3 percent THC or less.
Is CBD Oil Legal in Illinois?
If you are reading this article, you are probably curious about trying CBD but unsure about its legality. We get it. Even states that have clearly legalized recreational marijuana sometimes maintain fuzzy CBD laws.
In addition, people are purchasing CBD products of all kinds even if the law vaguely indicates that they are not legal. Let’s take a look at the legal situation in Illinois.
In 2018, the federal government passed a new Farm Bill, which defined hemp as separate from marijuana. This made it federally legal for each state to devise its own hemp-growing program, as long as it submits a plan to the USDA and gets approval. A side result of the passage of this bill was the legalization of hemp-derived products, including CBD.
The market immediately exploded with companies selling CBD, and customers happily purchased the newly legal substance everywhere from ecommerce shops to gas stations and drug stores. The Food and Drug Administration, now in charge of regulating CBD, was in a quandary because it suddenly had a brand-new market to regulate and no idea where to start.
This is why there is, to this day, a great deal of confusion about CBD’s legalities in any given state. All states are allowed to create their own laws regarding both CBD and hemp, but many are struggling to devise legislation that protects consumers while allowing access and figuring out best practices.
Are There CBD Laws in Illinois?
While the laws are rapidly evolving to fit the needs of residents, most legislation regarding CBD in the Prairie State actually refers to farming hemp. Before the 2018 Farm Bill was passed, lawmakers recognized the financial opportunities tied to bringing a hemp program to Illinois, and they quickly got on board. They developed their own program before the USDA ever implemented theirs.
The processing of hemp into CBD is largely unregulated except in the case of hemp extractions that will be infused into products containing a higher level of THC. These products are required to undergo testing and verification before they can be sold at dispensaries across the state.
Otherwise, anyone can sell products that are exclusively hemp-derived CBD, and adults 18 and over do not need any special documentation to make a purchase.
CBD in Illinois: Understanding Different Types of CBD Products
Oils are the simplest and purest way to get your CBD. They come in a variety of doses and flavors so you get exactly what you are looking for.
Just put a few drops of one of Penguin’s delicious flavored CBD oils under your tongue for quick action, or squeeze a dropperful of unflavored CBD into your favorite smoothie to start your day off right.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
CBD capsules are a simple, straightforward solution to getting your daily dose of CBD. Penguin CBD’s capsules contain pure CBD oil suspended in an MCT oil for maximum absorption, enveloped in an easy-to-swallow gelcap.
Each one is 10mg for ultimate control over your dose, and they are great for an on-the-go day. You can get the details about our CBD capsules and order them online by clicking here.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
Who doesn’t love sweet-and-sour gummy candies? Our customers say that Penguin’s CBD gummies taste just like the real thing, and they love the texture. When you want a satisfying snack with a little something extra, try these CBD gummies made with 10mg of pure CBD isolate.
They have no THC, and are a discreet way of getting your CBD no matter where you are.
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
The best thing about CBD is that you can use it in just about any product for your body. You can take oils for a whole-body effect, or you can use a cream to target just one or two spots.
When you use CBD cream from Penguin, you immerse yourself in an aromatic experience that will keep you smiling all day. Infused with peppermint and lavender, our cream is suitable for everyday use. It’s an experience like no other.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in Illinois
In 2018, Illinois had two major crops: corn and soybeans. The governor recognized the economic opportunity inherent in growing a crop that may go for over $100k per acre, compared to less than $700 per acre for other crops, and got a program signed into law that would help Illinois farmers to start growing hemp as quickly as possible.
Most states participated in research pilot programs to learn best growing practices for each region, but Illinois jumped right in, with its first growing season taking place in 2019. That year, they issued 651 hemp grower licenses; the result was over 2 million pounds of product.
The state’s growing laws are more relaxed than the USDA’s regulations, and the federal government is prepared to take control of oversight after the 2020 season is complete.
This has some farmers concerned because of tighter controls and greater supervision. As of right now, the state only selects random samples to be tested for THC levels, but the USDA requires that every crop be tested.
The change in oversight may cause problems for some farmers as they are trying to get their business underway without having had the benefit of a research pilot program to create a framework for their process.
It could be good for consumers in the Prairie State, however, because the USDA’s regulations are primarily meant to protect people from unsavory practices in the production of CBD.
Can I Purchase CBD Online in Illinois?
When it comes to buying CBD in Illinois, all the options are open. You can get imported CBD as well as CBD made right in the state, and a variety of retailers carry it.
Hemp-derived CBD can be found at specialty shops and drug stores, and you can also get marijuana products that have hemp-derived CBD infused into them at dispensaries.
Though you can walk into almost any retailer and find a variety of products, making your purchases online is the most convenient way to go. You can do all your research from your sofa, and the products are delivered right to your home.
Surfing the web gives you access to a whole world of companies offering an incredible array of products, and you can confidentially get all the information you need to make the best choices for you.
CBD Oil in Illinois
One of the major disadvantages of the lack of a centralized system of regulation regarding CBD is the fact that there are so many companies out there taking advantage of it.
Some companies make false claims about the contents or the effects of their products. Some products don’t even contain any CBD at all. And then there are brands that use hemp sprayed with pesticides and fertilizers, allowing the chemical residue to make its way into your products.
It is because of these companies that you need to be diligent about where your CBD is coming from. It is important to look for CBD products made with hemp that has not been sprayed with chemicals, and that come with a certificate of analysis confirming the label is accurate.
You know you can trust Penguin CBD because we proudly display third-party lab results with every product we make. We take the quality of our products as seriously as you take your health, and it comes through in what we deliver to our customers every day.
We are the No. 1 brand for major publications like Merry Jane and Maxim, and we like to think it is because of the meticulous attention we pay to everything that goes into our products. We use only the finest ingredients—including organically grown hemp—and we use a preservative-free extraction process for the purest results on the market.
Final Thoughts About CBD in Illinois
CBD in Illinois is a lot less complicated than it is in many states across the country. Residents and visitors can get access to products in a multitude of places, and there are no special requirements.
There is a wide variety of products within the state, all forms are legal and there are locations where you can get super-premium CBD from knowledgeable retailers.
Most specialty stores are centered around larger cities, and you have to be careful to do your research on the products you are considering because there are currently no regulations in place for the sale of CBD. The highest-quality products will likely come from marijuana dispensaries, where the state does impose strict controls on what gets sold.
As in every other state in the country, the future of CBD in Illinois is uncertain. Federal laws are still in flux. The USDA is preparing to take control of hemp-growing oversight for the 2021 season, and the FDA is still working on setting up a regulatory framework for the expanding market.
In the meantime, the best way to take advantage of the current variety on the market is through shopping online. Penguin’s website offers you the convenience of shopping from home and the freedom to do your research on our products for yourself. Our website is easy to navigate and we are always eager to answer your questions.Want to buy CBD oil in Illinois? We have you covered with this comprehensive guide.
Is CBD oil legal in Illinois?
Copy article link to clipboard.
Link copied to clipboard.
- 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.
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.