Illinois hemp ban delayed but only for some businesses

Chicago consumers of hemp-derived THC products will have at least another week to stock up on beverages, edibles and other offerings at select breweries and retailers.

A statewide ban on intoxicating hemp products was set to take effect on Thursday, but an emergency motion filed last week by an industry trade group extends the deadline to at least Nov. 19, when their lawsuit will be heard by U.S. District Judge Martha Pacold.

Until then, the six plaintiffs and members of the Illinois Healthy Alternatives Association will remain open and operational, according to ILHAA President Craig Katz. The trade group represents about 250 hemp businesses in the state.

“All the plaintiffs, including all the members of our association, are still allowed to sell federally compliant THC products,” said Katz, who also serves as government relations and compliance manager at MNG 2005, a plaintiff that operates 14 Illinois stores under the CBD Kratom brand.

A complete list of the eligible businesses wasn't available but includes companies such as CBD Botanicals in Springfield, Cubbington’s Cabinet in Roscoe Village and Green Street Distro, a hemp product distributor in Bridgeview.

In June, Gov. JB Pritzker signed a wide-ranging bill overhauling cannabis and hemp regulations, including reclassfiying hemp products with more than 0.4 milligrams of THC as cannabis. The state’s timetable mimicked federal guidelines set in President Donald Trump’s 2025 spending bill that also outlawed hemp potency limits beyond 0.4 milligrams of THC per container.

While the federal deadline was recently extended to Dec. 11, Illinois is still following the original November deadline. So companies not covered by the lawsuit must stop selling and manufacturing hemp-derived THC products by Thursday or risk fines and other enforcement actions. This also means consumers will need to visit a licensed cannabis dispensary to purchase hemp THC products over the federal potency threshold.

South Loop Market owner Anas Masoud was alerted on Monday that his Logan Square store is allowed to continue selling hemp THC-infused beverages until at least 5 p.m. on Nov. 19.

“Hopefully, they extend it for a longer period of time,” he said. “Any little bit will be great. We’re all struggling.”

Until then, he’s added more inventory of hemp-derived THC beverages at his store, and he's offering shoppers a 25% discount. He said one frequent customer purchased two cases on Tuesday.

“Consumers are stocking up, and of course, they're getting a great deal because it's discounted,” he said.

Candace Dane Chambers/Sun-Times

The overlapping state and federal timelines is hurting local craft businesses and creating confusion for customers and hemp beverage retailers, according to Jonathan Fritz, partner at Hopewell Brewing, which is not involved in the lawsuit.

Hopewell is winding down inventory and offering 50% discounts on THC-infused drinks at its Logan Square headquarters, where it also co-manufactures THC beverages for other brands.

“We have been advocating for sensible regulation, and this continued state-level approach feels like a missed opportunity that creates unnecessary barriers for responsible operators,” Fritz said.

The ban is expected to cut business at several restaurants, bars, retailers, manufacturers and entertainment venues across the city, particularly at a challenging time when alcohol consumption is at record lows.

“We encourage adults across Illinois to continue to voice their dissatisfaction with the governor's hemp policy directly to his office,” said Glenn McElfresh, co-founder of Humboldt Park-based Perfectly Dosed, which makes THC emulsion ingredients for about 50 Illinois beverage brands, breweries and restaurants.

He also co-founded Rogers Park-based hemp-infused beverage brand Plift, which joined Perfectly Dosed in the lawsuit.

“The consequences of this ban are his responsibility and we hope he listens to the millions of Illinois adults who want to see THC beverages regulated like alcohol,” McElFresh said.

The 2018 Farm Bill removed hemp from the list of federally controlled substances and legalized its production as an agricultural commodity. But it also created a loophole allowing manufacturers to produce intoxicating hemp-derived products, with some infused with synthetics and unknown compounds, prompting consumer safety concerns nationwide.

Opponents often cite the lack of product testing, age verification for purchases, unregulated online marketplaces and integrating potentially dangerous synthetics in products.

“It's important to note that as an industry, we have been asking for regulation for years now,” Katz said. “We understand the consumer safety aspects.”

After Thursday, Illinois will be one of more than 20 states with some restrictions or an all out ban on the sale or production of hemp-derived THC products.

Missouri has already ramped up enforcement before its hemp product ban goes into effect Thursday, filing at least four lawsuits against retailers accused of selling marijuana products billed as hemp.

Ohio in March enacted a similar ban, which has propped up sales at licensed dispensaries, according to state sales data.

In Texas, legal battles waged for years over the legality and sale of intoxicating hemp products, culminating in a statewide ban in July. Lt. Gov. Dan Patrick led the crusade and campaigned on prohibition.

“I’m not going to legalize marijuana in Texas. And if people want to vote me out of office for that, so be it,” he said at a news conference last year.

Patrick lost his seat in the midterm elections to Democrat Vikki Goodwin, who said Tuesday she favors THC regulation over a ban.