Illinois & Delta-8 THC Legality

Illinois and the state of Delta 8 legislation

In Illinois, hemp-derived delta-8 is legal, and its use, possession, sale, distribution, purchasing, and manufacturing are all authorized under the state's Industrial Hemp Act. Following FDA and CDC concerns about the safety of delta-8, Illinois lawmakers are attempting to limit, but not fully prohibit, the use of delta-8 products. This bill made it through the Senate but failed in the House.

A policy statement prohibiting manufacturers from chemically synthesizing delta-8 from CBD was later released by the Illinois Department of Agriculture in March 2022, although this policy statement is not backed by official legislation.

Following the enactment of the Illinois Cannabis Regulation & Tax Act, marijuana and marijuana-derived delta-8 are lawful under state law. Persons in Illinois are allowed to possess up to 30 grams of cannabis or 500 milligrams of THC, presumably including delta-8, under this statute.