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
Where to Buy CBD in Illinois in 2020
In the state of Illinois, CBD is most conveniently purchased online.
You will likely be able to find CBD in-store as well, but keep in mind that it will probably be more expensive.
It’s essential to understand the legal climate around CBD in Illinois before you make your purchase. The industry is brand new, and the regulations are always changing.
The recent popularity of CBD is partly due to its ability to treat a wide variety of symptoms, including pain, stress, anxiety, and seizures.
With so many options on the market, how do you know which is right for you?
This article is designed to help you make an informed decision about buying CBD in Illinois. We’ll look over the state laws and how they apply to CBD, then show you how to find a reputable supplier.
First, let’s take a look at the local laws regarding marijuana.
Table of Contents
- Buy CBD Oil in Illinois:
- Is CBD Legal in Illinois?
- Guide to Buying CBD in Illinois
- How to Avoid Sketchy CBD Companies
- 1. Always Make Sure That Your CBD Products Have Been Tested by an Outside Lab
- 2. Look for Full-Spectrum CBD Products
- 3. Don’t Buy from a Company that Makes Claims such as “CBD Is a Miracle Drug”
- Buying From Online Shops
- How to Avoid Sketchy CBD Companies
- Is Marijuana Legal in Illinois?
- Marijuana Possession Penalties in Illinois
- Medical Marijuana in Illinois
- Buying From Local Stores in Illinois
- Recommended CBD Retailers in Illinois
- Final Notes on Buying CBD in Illinois
Buy CBD Oil in Illinois:
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- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in Illinois?
Currently, hemp-derived CBD is legal to purchase and consume in Illinois. However, there are a few laws around who can possess what type of CBD.
If you are eligible for a medical marijuana license, you may purchase any CBD products, including those that contain THC.
If you don’t have a medical marijuana license, you’re still able to buy industrial hemp CBD products, which can be found easily online or over the counter in many local stores.
One of the major differences between marijuana- and industrial hemp-derived CBD is that industrial hemp doesn’t contain enough THC to get you high.
If you’re not eligible for medical marijuana in Illinois, keep your eye out for industrial hemp CBD online and in-store. It is legal to purchase and consume in all 50 states.
It’s important to remember that the CBD industry is mostly unregulated. Therefore, many of the products found in-store may contain unwanted contaminants or significantly less CBD than advertised.
Don’t let these sketchy companies take advantage of you — always educate yourself about the products before you buy.
Guide to Buying CBD in Illinois
There’s a vast number of CBD providers in the market. It can be difficult to tell who is legit and who is selling fake products.
If you’re looking to get high-quality CBD every time, there are a few steps you can take to avoid the scam artists.
How to Avoid Sketchy CBD Companies
1. Always Make Sure That Your CBD Products Have Been Tested by an Outside Lab
Any respectable company will have third-party lab results displayed somewhere on its website. Some companies will forge these test results, so take a close look for any signs of photoshopping. If a company can’t produce test results, don’t give it your money.
2. Look for Full-Spectrum CBD Products
You might see two types of CBD during your search. The first, called isolates, are produced using only bits and pieces of the hemp plant. These are okay, but you’ll likely be missing out on a lot of other beneficial cannabinoids that help CBD do its job quickly. Full-spectrum products are made with the entire hemp plant; therefore, you can reap the benefits of compounds such as terpenes and flavonoids.
3. Don’t Buy from a Company that Makes Claims such as “CBD Is a Miracle Drug”
The companies that are making these claims are probably preying on uneducated customers and likely selling low-quality products. CBD is a wonderful health supplement that has many benefits, but it’s not going to cure cancer.
If you’re feeling ready to make a purchase, read on below for advice on buying CBD online and in-store.
Buying From Online Shops
Online shops are almost always the best way to place an order.
They are almost always less expensive than shopping locally; they often have package deals or bulk purchase options that allow you to save a lot of money in the long run.
Placing an order online is usually much more convenient than running around trying to find a trustworthy local shop. It can be time-consuming going from store to store looking for the right product for your needs. Shopping online allows you to compare different stores and products with just a few clicks.
Lastly, you can research the company more easily when you buy directly from the source. Reliable online stores will have their test results posted for you to review. It may be tough to track down the test results for something you purchase over the counter.
If you’re someone who prefers to see the product before committing to it, we have included a list of local stores in Illinois that should be able to help you with all your CBD needs.
Is Marijuana Legal in Illinois?
Marijuana is listed as a Schedule 1 drug by the Federal Government. Under federal law, marijuana is treated the same way as meth, heroin, and LSD.
When it comes to marijuana, individual states and the Federal Government usually don’t see eye to eye. As of 2018, 33 states have legalized marijuana for medicinal use, and 11 have legalized it for all purposes, including recreational use.
On June 25, 2019, Gov. J.B. Pritzker signed the HB 1438 into law, legalizing possession of recreational marijuana for adults at 21 years of age and older.
Marijuana Possession Penalties in Illinois
The first step towards complete legalization was made when the state decriminalized possession of small amounts of marijuana.
Then Illinois Gov. Bruce Rauner decriminalized possession of up to 10 grams of marijuana on July 29, 2016. Under the new law, possession of 10 grams or less was punishable only by a fine of $100 to $200. Previously, the same amount of weed could have resulted in up to six months in jail with a penalty of $1500.
Before this law came into effect at the state level, the city of Chicago had introduced municipal legislation in 2012 that made possession of up to 15 grams of weed a civil infraction, resulting in a fine of $250 to $500.
The new state law didn’t override the local laws.
In June 2019, Illinois became the 11th state to legalize recreational marijuana. With 66 to 47 votes in favor from the state representatives, the new legislature passed. The law now authorizes possession of marijuana for personal use and deletes previous minor convictions related to the cannabis plant.
As an Illinois resident, you could purchase up to 30 grams of marijuana from licensed stores. You could also possess up to 500 milligrams THC in marijuana-infused products and no more than 5 grams of concentrated products.
If you’re not a permanent resident of the state, you shouldn’t possess more than 15 grams of marijuana.
After 30 grams, possession is a felony that can lead to one to three years in jail and a maximum fine of $25,000.
Driving under the influence of marijuana can lead to a DUI. Under the current laws, you can be charged with a DUI if you have more than 5 nanograms of THC in your blood or 10 nanograms in your saliva.
Overall, Illinois has some of the better laws regarding marijuana in the United States.
Medical Marijuana in Illinois
In 2013, Illinois passed the Compassionate Use of Medical Cannabis Act, which made it legal for people suffering from certain severe medical conditions to purchase and consume marijuana.
As of July 31, 80,035 patients had been approved for the medical marijuana program.
If you’re interested in using medical marijuana in Illinois, you’ll have to fit a few criteria.
You are legally allowed to purchase marijuana in the state of Illinois if you suffer from one of the following medical conditions:
- Crohn’s disease
- Multiple sclerosis
- Spinal cord disease and injury
- Agitation of Alzheimer’s disease
- Arnold-Chiari malformation and syringomyelia
- Cachexia/wasting syndrome
- Chronic inflammatory demyelinating polyneuropathy
- Complex regional pain syndromes type II
- Hepatitis C
- Interstitial cystitis
- Muscular dystrophy
- Myasthenia gravis
- Nail-Patella syndrome
- Parkinson’s disease
- Post-traumatic stress disorder
- Reflex sympathetic dystrophy
- Residual limb pain
- RSD (complex regional pain syndromes type I)
- Severe fibromyalgia
- Sjogren’s syndrome
- Fibrous dysplasia
- Post-concussion syndrome
- Rheumatoid arthritis
- Tarlov cysts
- Traumatic brain injury
- Spinocerebellar ataxia
- Terminal illness
- Tourette’s syndrome
If you have one of the many qualifying conditions, you may apply for a medical marijuana license if you:
- Are 18 years of age or older
- Have a doctor’s approval
- Are a resident of Illinois
The cost to apply for a medical marijuana card is $100 for one year, $200 for two years and $250 for three years.
Once you have obtained a medical marijuana license, you are free to purchase CBD through an online retailer or from a local dispensary.
As a patient of Illinois’ medical marijuana program, you are legally allowed to buy 2.5 ounces every two weeks and grow up to 5 plants at home.
Buying From Local Stores in Illinois
Some of the best spots to find CBD in Illinois include vape stores, head shops, and natural health outlets.
We have made a shortlist of great local stores where you can find CBD. See if you can find your city!
Recommended CBD Retailers in Illinois
- Dispensary 33
- MOCA – Modern Cannabis Dispensary
- Level Vape
- Roots Smoke & Vapor Shop
- Secrets Smoke Shop
- CBD Kratom
- Midwest Compassion Center Cannabis Dispensary
- PharmaCannis – North Aurora
- Happy Daze
- Uncle Stu’s Smoke & Vape
- Elixrz Vape Shop
- 3C Dispensary
- Midwest Compassion Center
- MI Vape
- SkyCity Vapes
All of these stores may carry a selection of good CBD products for your needs. However, if you’re having trouble tracking down the right product for you locally, hop online and see what you can find.
Final Notes on Buying CBD in Illinois
Overall, Illinois has become a great place to be if you’re interested in the world of CBD.
If you’re a medical marijuana user, your best bet for finding high-quality CBD is through your favorite dispensary.
If you’re unsure about the quality of the products found in-store, do some research and place an order with a trustworthy online shop.
Looking to buy legal CBD in Illinois? This article will clear up the law regarding CBD and direct you toward trustworthy suppliers!