Earlier last week, I hinted that something interesting might happen on Friday the 13th.
True to form, Governor Pritzker, after a surprise appearance in Paris and nearly three weeks out of the public eye, reemerged alongside cannabis regulators, lawmakers, the CEO of a candy company, and others to announce his support for a bill that critics argue would effectively ban all hemp-derived legal-THC (HDLT) products from being sold anywhere but the small and tightly controlled number of dispensaries in Illinois.
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House Bill 4293 initially focused on regulating massage therapists. The original language on massage therapy was removed and replaced with provisions targeting federally-legal cannabis products.
The measure would impose $10,000 daily fines on top of the criminal penalties outlined in the Illinois Cannabis Control Act of 1978 (CCA). In doing so, it would significantly increase penalties for the cultivation, processing, and sale of cannabis flower, concentrates, and infused products.
“These products are often shipped from out of state and are subject to no oversight or testing for biological contaminants or pesticides.”
Senator Kimberly Lightford, the lead sponsor, has confirmed the bill would not affect online sales, leaving out-of-state retailers free to serve Illinois consumers. HB4293 exclusively targets local Illinois businesses.
Reporting has also suggested that HB4293 would even prohibit the retail sale of topical or ingestible CBD products—items popular among pet owners, arthritis sufferers, and those that once provided a lifeline for the now-defunct Family Video stores across Illinois. Governor Pritzker downplayed the impact that this may have during a Q&A with media.
When asked about concerns from critics who argue that HB4293 could criminalize non-intoxicating products and put 10,000 people out of work, Governor Pritzker dismissed the claims, stating, “I don’t put any stock in those claims.” He acknowledged that many stores would lose the ability to sell these products but emphasized that most affected businesses, such as convenience stores and gas stations, are not solely reliant on these sales and “wouldn’t go out of business not selling them.”
An Attack on Illinois Children
During the press conference, Governor JB Pritzker painted a dire picture of children across Illinois being hospitalized due to “unregulated” hemp-derived products. The Governor’s rhetoric emphasized an urgent need for action, describing hemp products as a public health threat marketed explicitly to minors.
“Children across the state of Illinois are getting sick and they’re being hospitalized, and we can take action to prevent it,”
Throughout his remarks, the Governor repeatedly invoked images of danger: deceptive packaging mimicking popular candy brands, untested products with unknown contaminants, and children as young as two accidentally consuming these items. Pritzker blamed a “legal gray area” for fostering an industry that lacks commitment to child safety and used alarming national poisoning statistics to frame the debate.
Important Context: During the press conference, Governor Pritzker shared a striking statistic: in the past three years, nearly 9,000 cases related to delta-8 were reported to National Poison Control Centers.
Breaking it down, if my math is correct, that averages about 3,000 cases per year across 50 states. Of these, 41% involved individuals under 18, translating to fewer than 1,500 cases annually—roughly 30 cases per state per year.
While proponents like Pritzker argue that HB4293 will bring rogue products under Illinois’ stringent cannabis regulations, critics see a more calculated agenda. This legislation conveniently aligns with the interests of the Illinois cannabis industry.
HB4293, rather than addressing genuine public health concerns, appears to be a reactionary measure aimed at bringing hemp under the same restrictive system that governs marijuana in Illinois.
Restrictive licensing and high pricing have always been a core feature of Illinois’ cannabis policy. Pritzker has candidly acknowledged the economic motivations behind limiting competition in the Illinois cannabis market:
“The reality is that we’ve limited the number of licensees in part because we wanted to make sure that the social equity licensees had a fair shot in the industry and they weren’t just edged out… by having too many dispensaries in the market so that people can’t make money.”
The emergence of hemp-derived cannabinoids, products sold freely in an open market, undermines these goals entirely. By offering accessible, lower-cost products that are “truly identical” outside of the confines of CRTA dispensaries, hemp creates a stark contrast to Illinois’ protectionist cannabis policies.
The question remains: Is this truly about protecting children, or is it about protecting a carefully constructed oligopoly on cannabis sales in Illinois?
Candy is for the Kids?
Ferrara Candy’s CEO raised concerns about Delta-8 products mimicking candy packaging, framing it as a novel threat.
Cannabis-infused products that resemble childhood favorites have been a staple in legal dispensaries for years. From THC-laced gummies to clever remakes of nostalgic products like M&M’s or Reese’s Peanut Butter Cups. The real issue isn’t the products themselves—it’s about access and supervision. If children are consuming these items, it’s not because of colorful packaging alone but because of inadequate oversight.
Setting that aside, in 2021, Mars Wrigley sued cannabis companies for trademark infringement over products like “Skittles,” forcing legal operators to rebrand with names like “Zkittles.” The only reason the market adapted was because licensed operators had clear lines of communication with regulators and a pathway to compliance. When you lock people out of the legal market, as Illinois’ restrictive licensing system does, it becomes far harder to enforce these standards. You can’t effectively regulate a market that you’ve pushed into the shadows, as natural market forces won’t simply disappear.
HB4293 would likely encourage an even larger grey market by doubling down on these barriers, making enforcement even harder. Instead of fueling a shadow market, the focus should be on equitable and accessible licensing to bring all operators into compliance, enabling oversight and consumer safety without driving the problem further underground.
If protecting kids were truly the goal, perhaps we’d promote healthier alternatives—or encourage children to avoid candy and unnecessary sugar altogether.
HB4293 is a major step backward that threatens the accessibility that cannabis consumers have enjoyed with these federally-legal cannabis products.
These products have become staples in a variety of reputable retail spaces, from grocery stores like County Market and corporate liquor stores like Binny’s, to gas stations, bakeries, smoke shops, bars, restaurants, and beyond.
Dispensaries in Illinois remain largely inaccessible. Delivery services are prohibited, despite Governor Pritzker previously expressing support for the idea. Credit cards are not accepted, the number of dispensaries is extremely limited, and Illinois has some of the highest cannabis prices in the nation.
When introduced, HB4293 was widely opposed. On May 23, 2024, the Senate Executive Committee held a hearing on the bill. Witness slips revealed 32 proponents and 773 opponents. In other words, stakeholder feedback showed support for this legislation to be statistically insignificant(meaning proponents made up less than 5% of stakeholder feedback). Click here to view the full list of proponents and opponents.
The Illinois cannabis market is now over a decade old. For many cannabis consumers, the accessibility provided by these federally-legal hemp products has been a refreshing alternative in a state known for its restrictive and overpriced market.
Click to see the large selection of HDLT products at Binny’s Liquor Store
The Continued Criminalization of Cannabis in Illinois
The Cannabis Regulation and Tax Act (CRTA), often described as the law that “legalized” cannabis in Illinois, did little to address the punitive policies of the past. Most cannabis-related penalties under the CCA remain in place and serve as the primary enforcement tool for the legal industry.
Illinois has repurposed the same laws that devastated communities for decades to protect industry profits by targeting the traditional cannabis trade.
Arrests remain concentrated in areas without dispensaries—a pattern documented by the Tribune and reinforced by research from James Swartz, Ph.D., of the University of Illinois Chicago. Swartz’s most recent contribution to Illinois’ annual cannabis report revealed that Chicago communities with the highest arrest rates in 2023-2024 still lack any licensed dispensaries, perpetuating the very inequities cannabis reform was supposed to address.
Many in and around the industry now credit Illinois with creating “Cannabis 2.0″—or, as some call it, “Prohibition 2.0.”
To maintain high prices, Illinois blocks open participation in the legal cannabis market and relies on criminal penalties to eliminate “competition” from unlicensed operators.
Both the state and the industry seem oblivious—or indifferent—to the fact that these policies continue the very cycle of harm that the Illinois cannabis laws were supposedly designed to address.
In short, Illinois hasn’t fully legalized cannabis. By introducing new penalties through HB4293, the state would only entrench this punitive framework, further harming marginalized communities that have borne the brunt of these policies for decades.
Navigating Hemp Policy: What States Should Consider
I recently wrote a policy paper outlining a path forward for hemp, marijuana, and cannabis. Since its release, two cannabis regulators have personally reached out to share that they found value in my proposal—one of whom currently serves in the state of Illinois.
Currently, only one proposal (mostly) aligns with the standards outlined in my policy paper. HB5903 blends some of the best elements of our existing hemp policy with some of the key aspects of our marijuana policy, all while rejecting the outdated criminal penalties embedded in the CCA.
Rather than perpetuating failed policies that disproportionately impact certain communities, HB5903 empowers the state to address non-compliance through the Illinois Food, Drug, and Cosmetic Act. This would effectively align cannabis regulation with the standards applied to consumable goods.
While proponents of the CRTA initially touted Illinois as a national model for equity, the state’s own disparity study revealed how those promises fell short in the first three years of legalization. By the end of 2023, when the mandated-study concluded, not a single dollar of documented sales had gone to Black or Brown owners. Instead, white male owners accounted for 78% of recreational dispensary sales and a staggering 91% of grower sales.
HB4293 highlights the ongoing conflict between Illinois’ stated goals of equity and the profit-driven motives that dominate its cannabis policies. If the state is to uphold its promises of fairness and accessibility, it must move beyond punitive enforcement and toward frameworks that empower consumers and small businesses alike.
Illinois has the opportunity to chart a new path by rejecting outdated criminal penalties and embracing policies similar to those that have been suggested in HB5903, which prioritize transparency, safety, and genuine equity in the cannabis market.
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