Governor JB Pritzker is set to urge the Illinois House of Representatives on Friday to advance legislation targeting intoxicating hemp products during the upcoming lame-duck session in January. Pritzker has expressed support for regulating hemp-based products, often referred to as synthetic marijuana, due to their intoxicating effects.
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Hemp, a relative of the cannabis plant with minimal THC—the psychoactive compound in marijuana—was federally legalized under the 2018 U.S. Farm Bill before Illinois permitted recreational marijuana use. However, manufacturers began processing hemp to elevate its THC levels, resulting in products like delta-8, which remain unregulated and untested. These products, including gummies, have appeared in corner stores, smoke shops, and gas stations, often with THC levels exceeding legal cannabis limits.
Health concerns have risen, particularly regarding children. In a recent incident in Rogers Park, three elementary school students were hospitalized after consuming gummies containing an unidentified substance, according to CBS Channel 2.
Earlier this year, the Illinois Senate passed a bill restricting the sale of delta-8 products to licensed dispensaries, with an exception for beverages, which could be sold by licensed alcohol vendors. The legislation also proposed mandatory registration and testing for non-intoxicating CBD products. However, the House did not vote on the bill, leaving it open for consideration during the lame-duck session, tentatively scheduled for January 2-7 before a new General Assembly is sworn in.
House Speaker Chris Welch acknowledged the delay, explaining the need for careful deliberation. “We slowed it down in the House,” Welch said during a Crain’s Power Breakfast event. “It’s important to go slow and get it right, listening to all stakeholders. I’m eager to hear the Governor’s position on Friday and will continue discussions with the caucus and other stakeholders.” The governor’s office declined to comment ahead of the press conference.
The issues surrounding delta-8 and other synthetic cannabis products extend beyond public safety. Illinois has invested significant effort in developing its regulated recreational and medical cannabis industry, which relies on a limited number of licensed growers and dispensaries. Entrepreneurs spend millions entering the market, and the state levies taxes exceeding 30%, generating nearly $500 million annually. Unregulated hemp products threaten this regulated market, which is regarded as a key achievement of Pritzker’s administration.
Additionally, Pritzker’s push for regulation coincides with Chicago Alderman Will Hall’s proposal to tax hemp products as part of the city’s efforts to avoid raising property taxes. Nationwide, 18 states have banned intoxicating hemp products like delta-8, and several Chicago suburbs have implemented similar prohibitions.
Morgan Paxhia, a cannabis investor with Poseidon Investment Management, highlighted the threat posed by the “gray market” of intoxicating hemp products, arguing they contribute more to marijuana price declines than competition from licensed operators.
The hemp industry has opposed the Senate’s proposed regulations, warning they could force many businesses to close. Beyond corner stores and smoke shops, some bakeries and cafes also sell hemp-derived THC-infused products.
“We need to regulate it for safety, ensuring products are tested, labeled, and taxed,” said Representative LaShawn Ford, a Chicago Democrat who opposed the Senate bill while supporting the hemp industry. “High-potency levels must be eliminated, but banning won’t achieve that. We could approach delta-8 similarly to how we regulated cannabis.”
Ford noted that the bill lacked sufficient support in the spring session but expressed optimism about its chances if Pritzker takes a strong stance. “If the Governor gets involved, he might convince enough legislators to pass it,” Ford said.
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