Is Delta-10 THC Legal in Illinois? (2026)

Instrument

Controlling provision (official text)

Source

https://agr.illinois.gov/content/dam/soi/en/web/agr/plants/documents/2026-06-il-hemp-act-overview.pdf

Retrieved

2026-11-01

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Hemp Product Manufacturer License: The Illinois Hemp Act creates a new Hemp Product Manufacturer license, which is
required for any person that processes or handles hemp or intermediate hemp-derived cannabinoid products. Licenses are
facility-specific, valid for two years, and carry a $5,000 fee (waived for public institutions of higher education).

Instrument

Public Act 104-463 (SB 3222), Illinois Hemp Act Secs. 15, 20 (eff. 2026-11-12); 21+ provisions eff. 2026-06-12

Source

https://agr.illinois.gov/content/dam/soi/en/web/agr/plants/documents/2026-06-il-hemp-act-overview.pdf

Retrieved

2026-10-07

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[IDOA Information Bulletin IB-2026-06:] [Starting Nov. 12, 2026, final consumer hemp cannabinoid products] “cannot be intended for smoking or vaping.” [Under the new definition, products with] "Greater than 0.4 milligrams combined total per container" [of THC and similar-effect cannabinoids are not hemp; plant-level hemp must have less than 0.3% total THC including THCa. Effective June 12, 2026, products over 0.4 mg THC may be offered only to persons over 21, with ID check for anyone appearing under 30. The Industrial Hemp Act is repealed and replaced on Nov. 12, 2026.] [Bulletin summarized; statute text not fetched.]

Instrument

Illinois Hemp Act: definitions of final consumer hemp cannabinoid product and hemp; sale only through the Cannabis Regulation and Tax Act, Compassionate Use Act, or as a final consumer hemp cannabinoid product; 21+ rule; effective dates

Source

https://www.ilga.gov/Documents/legislation/publicacts/104/104-0463.htm

Retrieved

2026-10-29

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“Final consumer hemp cannabinoid product” means a
consumable or topical hemp-derived cannabinoid product that is
permitted to be sold to consumers in the State, that meets the
requirements of Section 35 of this Act, and that:
    
    
(1) does not contain any cannabinoids that are
    
incapable of being naturally produced by a Cannabis sativa
    
L. plant;
    
    
(2) does not contain any cannabinoids that are capable
    
of being naturally produced by a Cannabis sativa L. plant
    
but were synthesized or manufactured outside of the plant;
    
and
    
    
(3) does not contain more than a per-container total
    
of 0.4 milligrams of total tetrahydrocannabinols,
    
including tetrahydrocannabinolic acid and any other
    
cannabinoids that have similar effects or are marketed to
    
have similar effects on humans or animals as a
    
tetrahydrocannabinol as established under Section 15 of
    
this Act.
    
"Hemp" means the plant Cannabis sativa L. and any part of
that plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinol concentration, including
tetrahydrocannabinolic acid, of not more than 0.3% on a
dry-weight basis. "Hemp" includes industrial hemp. "Hemp" does
not include any of the following:
    
    
(1) any viable seeds from a Cannabis sativa L. plant
    
that exceeds a total tetrahydrocannabinols concentration,
    
including tetrahydrocannabinolic acid, of 0.3% in the
    
plant on a dry weight basis;
    
    
(2) any intermediate hemp-derived cannabinoid product
    
containing any of the following:
    
    
    
(A) cannabinoids that are incapable of being
        
naturally produced by a Cannabis sativa L. plant;
    
    
    
(B) cannabinoids that are capable of being
        
naturally produced by a Cannabis sativa L. plant but
        
were synthesized or manufactured outside the plant;
    
    
    
(C) more than a combined total
        
tetrahydrocannabinol concentration of 0.3%, including
        
tetrahydrocannabinolic acid and any other cannabinoids
        
that have similar effects or are marketed to have
        
similar effects on humans or animals as a
        
tetrahydrocannabinol, as established under Section 15
        
of this Act;
    
    
(3) any intermediate hemp-derived cannabinoid product
    
that is marketed or sold as a final product or marketed or
    
sold directly to an end consumer for personal or household
    
use; or
    
    
(4) any final hemp-derived cannabinoid product
    
containing any of the following:
    
    
    
(A) cannabinoids that are incapable of being
        
naturally produced by a Cannabis sativa L. plant;
    
    
    
(B) cannabinoids that are capable of being
        
naturally produced by a Cannabis sativa L. plant and
        
were synthesized or manufactured outside the plant;
    
    
    
(C) more than a per-container total of 0.4
        
milligrams of total tetrahydrocannabinols, including
        
tetrahydrocannabinolic acid and any other cannabinoids
        
that have similar effects or are marketed to have
        
similar effects on humans or animals as a
        
tetrahydrocannabinol as established under Section 15
        
of this Act.
    
“Hemp cultivation licensee” means a person licensed by the
Department of Agriculture to cultivate hemp and industrial
hemp pursuant to this Act and federal law.
    
"Hemp-derived cannabinoid product" means any intermediate
or final product derived from hemp that contains cannabinoids
in any form and is intended for human or animal use through any
means of application or administration, including inhalation,
ingestion, or topical application.
    
"Hemp product manufacturer" means a facility operated by a
person licensed by the Department to obtain hemp or
intermediate hemp-derived cannabinoid product to manufacture
and produce hemp-derived cannabinoid products.
    
“Hemp production plan” means a plan submitted by the
Department to the Secretary of the United States Department of
Agriculture pursuant to the federal Agriculture Improvement
Act of 2018, Public Law 115-334, and consistent with the
Domestic Hemp Production Program established under 7 CFR Part
990, through which the Department establishes its authority to
have primary regulatory authority over the production of hemp.
    
“Industrial hemp” means:
    
    
(1) hemp grown for the use of the stalk of the plant,
    
fiber produced from the stalk, or any other
    
non-cannabinoid derivative, mixture, preparation, or
    
manufacture of the stalk;
    
    
(2) hemp grown for the use of the whole grain, oil,
    
cake, nut, hull, or any other non-cannabinoid compound,
    
derivative, mixture, preparation, or manufacture of the
    
seeds of the plant;
    
    
(3) hemp grown for the purpose of producing
    
microgreens or other edible hemp leaf products intended
    
for human consumption that are derived from an immature
    
hemp plant grown from seeds that do not exceed 0.3% total
    
tetrahydrocannabinol;
    
    
(4) hemp that does not enter the stream of commerce
    
and is intended to support hemp research at an institution
    
of higher education, as defined in Section 101 of the
    
Higher Education Act of 1965 (20 U.S.C. 1001), or at an
    
independent research institute; or
    
    
(5) hemp grown for the production of a viable seed of
    
the plant produced solely for the production or
    
manufacture of any material described in paragraphs (1)
    
through (4).
    
"Industrial hemp product" means a product derived from
industrial hemp that does not contain cannabinoids.
“Industrial hemp processor” means a facility that processes or
handles raw industrial hemp plant material.
    
"Intermediate hemp-derived cannabinoid product" means a
hemp-derived cannabinoid product that:
    
    
(1) is not yet in the final form or preparation
    
marketed or intended to be used or consumed by a human or
    
animal; or
    
    
(2) is a powder, liquid, tablet, oil, or other product
    
form that is intended or marketed to be mixed, dissolved,
    
formulated, or otherwise added to or prepared with or into
    
any other substance prior to administration or
    
consumption.
    
An intermediate hemp-derived cannabinoid product shall not
contain: (i) cannabinoids that are incapable of being
naturally produced by a Cannabis sativa L. plant; (ii)
cannabinoids that are capable of being naturally produced by a
Cannabis sativa L. plant but were synthesized or manufactured
outside of the plant; or (iii) more than a combined total
tetrahydrocannabinol concentration of 0.3%, including
tetrahydrocannabinolic acid and any other cannabinoids with
similar effects on humans or animals as tetrahydrocannabinol.
    
“Land area” means a farm, as defined in Section 1-60 of the
Property Tax Code, in this State or land or facilities under
the control of an institution of higher education.
    
"Person" means any individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership, association, or any other entity.
 
    
Section 10.
Prohibitions on the sale and distribution of
hemp products.
    
(a) No person may distribute or sell cannabis, hemp,
industrial hemp, or any product derived from cannabis, hemp,
or industrial hemp in this State, except as authorized under
the Cannabis Regulation and Tax Act, the Compassionate Use of
Medical Cannabis Act, or this Act, unless the product meets
the definition of a “final consumer hemp cannabinoid product”
or an "industrial hemp product".
    
(b) No person may manufacture or produce any product
derived from hemp or industrial hemp without first obtaining
an industrial hemp processor registration or a hemp product
manufacturer license under this Act.

(505 ILCS 89/20)
    
Sec. 20.
Hemp products.
    
(a) A person shall not sell, offer for sale, give, or
deliver a hemp-derived product to a person under 21 years of
age unless the product is a consumable or topical hemp-derived
cannabinoid product that does not contain:
    
    
(1) any cannabinoids that are incapable of being
    
naturally produced by a Cannabis sativa L. plant;
    
    
(2) any cannabinoids that are capable of being
    
naturally produced by a Cannabis sativa L. plant but that
    
were synthesized or manufactured outside of the Cannabis
    
sativa L. plant; or
    
    
(3) more than a per-container total of 0.4 milligrams
    
of tetrahydrocannabinols, including
    
tetrahydrocannabinolic acid, or any other cannabinoids
    
that have similar effects or are marketed to have similar
    
effects on humans or animals as a tetrahydrocannabinol.
    
(b) A retailer shall verify the age of each purchaser of a
hemp-derived product by examining the purchaser’s valid
government-issued photo identification. Verification shall be
required for any purchaser who appears under 30 years of age.

Section 999.
Effective date.
This Act takes effect upon
becoming law, except that Sections 1 through 70 and Section
160 take effect on November 12, 2026.