Is Delta-9 THC (hemp-derived) Legal in Illinois? (2026)

Vape / inhalable

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as vape / inhalable. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No state-level inhalable-product ban exists under the current Industrial Hemp Act (505 ILCS 89). Sale restricted to 21+ (Public Act 104-0463, eff. 6/12/2026) if the product is an 'intoxicating hemp product'. Note: PA 104-0463's new Illinois Hemp Act, effective 11/12/2026, will impose a 0.4mg total-THC-per-container cap that will constrain this form going forward, but is not yet operative. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Capsule / tablet

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as capsule / tablet. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No form-specific restriction; 21+ sale restriction applies if intoxicating. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.
  • Status changed from legal to restricted.

Beverage

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as beverage. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No beverage-specific state rule found; 21+ sale restriction applies if intoxicating. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Edible / ingestible

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as edible / ingestible. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No per-serving/per-package mg cap currently in force; 21+ sale restriction for intoxicating hemp products applies as of 6/12/2026. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Flower / raw plant

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as flower / raw plant. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No state-level smokable-flower ban identified in 505 ILCS 89 or 720 ILCS 550; 21+ sale restriction applies. Some municipalities (e.g. Chicago-area ordinances) may separately restrict at the local level - not verified as part of this state-level determination. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Other

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as other. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

Legal by default if <=0.3% delta-9 THC dry weight; 21+ sale restriction applies if the product is deemed 'intoxicating'. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Powder / bulk

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as powder / bulk. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No form-specific restriction; 21+ sale restriction applies if intoxicating. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Raw material / RUO

Legal

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail in Illinois as raw material / ruo. Hemp Delta-9 raw material - legal. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

Compliant (<=0.3% delta-9 dry weight) raw hemp plant material is excluded from the Cannabis Control Act's 'cannabis' definition. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination.

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Tincture / sublingual

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as tincture / sublingual. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

No form-specific restriction; 21+ sale restriction applies if intoxicating. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Topical

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Illinois as topical. 21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape. Controlling source: 505 ILCS 89/5 - Industrial Hemp Act, Definitions.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
consumption restricted
Effective
2026-06-12

What the record says

Non-ingestible; not subject to the age-21 restriction. Illinois currently has no state-level THC mg cap, inhalable-product ban, or smokable-flower ban for compliant (<=0.3% delta-9 dry weight) hemp products - proof of absence is the plain text of 505 ILCS 89/5 and 720 ILCS 550/3, neither of which contains form-restriction language. A new age-21 point-of-sale requirement took effect 2026-06-12. A structural overhaul (new Illinois Hemp Act, 0.4mg/container cap, cannabinoid reclassification) is already signed into law but does not take effect until 2026-11-12, so it does not change today's determination. --- 2026-10-08 review accepted by claude-oct7-upcoming (was legal, now restricted): IL Hemp Act 21+ took effect June 12, 2026 --- 2026-10-07: Illinois Hemp Act (SB 3222, P.A. 104-463, signed June 12, 2026): age limits took effect immediately; hemp-derived products over 0.4 mg THC per container may only be sold to people 21 and over, with ID checks for anyone who appears under 30 (IDOA overview, June 2026). From Nov 12, 2026 the Industrial Hemp Act is replaced: hemp is measured by total THC including THCA (0.3%), a final product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis, final consumer products cannot be intended for smoking or vaping, and lab testing, child-resistant packaging and a manufacturer license apply. Status is restricted today (21+ condition); see the Nov 12 deadline. ---

Controlling language, verbatim

"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.

Source of excerpt

Citations

  1. 505 ILCS 89/5 - Industrial Hemp Act, Definitions (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  2. 720 ILCS 550/3(a) - Cannabis Control Act, Cannabis definition (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  3. SB 3222 / Public Act 104-0463 (enrolled) - age-21 hemp sale restriction and future Illinois Hemp Act (Illinois General Assembly, 2026-07-18) PRIMARYOFFICIAL
  4. Illinois Hemp Act overview (P.A. 104-463, SB 3222) (Illinois Department of Agriculture, 2026-10-07) PRIMARYOFFICIAL
  5. IDOA Compliance Alert - Hemp in Cannabis Product Policy (Illinois Department of Agriculture, 2026-07-18)OFFICIAL

Change history

  • Status changed from legal to restricted.
  • Tier changed from unscheduled to consumption_restricted.
  • Headline updated: "21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape hemp is banned".
  • Effective date changed from none to 2026-06-12.

Status by product form in Illinois

FormStatusHeadlineVerified
Vape / inhalable Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Capsule / tablet Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Beverage Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Edible / ingestible Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Flower / raw plant Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Other Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Powder / bulk Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Raw material / RUO LegalHemp Delta-9 raw material - legal2026-10-22
Tincture / sublingual Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22
Topical Restricted21+ only since June 12, 2026 (Illinois Hemp Act, P.A. 104-463); from Nov 12, 2026 over 0.4 mg per container is cannabis and smokable or vape2026-10-22

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Illinois's 5 neighbors, Iowa is illegal; Indiana and Kentucky are restricted; Missouri and Wisconsin are legal.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Illinois

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · IL · Illinois Hemp Act: 0.4 mg per container cap, total THC, smokable and vape hemp banned (SB 3222 (P.A. 104-463))
    Nov 12, 2026: the Industrial Hemp Act is repealed and replaced. Hemp is measured by total THC including THCA (0.3% dry weight); a final hemp-derived product over 0.4 mg combined THC and similar cannabinoids per container is not hemp and is treated as cannabis; final consumer products cannot be intended for smoking or vaping; cannabinoids made outside the plant are excluded; lab testing, child-resistant packaging and a manufacturer license apply. 21+ has applied since June 12, 2026. This Illinois date does not move with the federal Dec 11 delay.
  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Illinois

2 instruments on file for this compound's framework in Illinois; 49 of 49 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

505 ILCS 89/5 · Industrial Hemp Act -- DefinitionsOFFICIAL
Instrument
Industrial Hemp Act -- Definitions
Source
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=050500890K5
Retrieved
2026-07-19
Fingerprint
6fad54c24a9e05a5
Sec. 5. Definitions. In this Act: 'Department' means the Department of Agriculture. 'Director' means the Director of Agriculture. 'Hemp' or 'industrial hemp' means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp. '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 pursuant to 7 CFR Part 990 wherein the Department establishes its desire to have primary regulatory authority over the production of hemp. '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, partnership, firm, corporation, company, society, association, the State or any department, agency, or subdivision thereof, or any other entity. 'Process' means the conversion of raw industrial hemp plant material into a form that is presently legal to import from outside the United States under federal law. 'THC' means delta-9 tetrahydrocannabinol. (Source: P.A. 102-690, eff. 12-17-21.)
Public Act 104-463 (SB 3222), Illinois Hemp Act Secs. 15, 20 (eff. 2026-11-12); 21+ provisions eff. 2026-06-12 · Public Act 104-463 (SB 3222), Illinois Hemp Act Secs. 15, 20 (eff. 2026-11-12); 21+ provisions eff. 2026-06-12OFFICIAL
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
Fingerprint
5fae240508118a39
[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.]

Related

Delta-9 THC (hemp-derived) in neighboring states

Delta-9 THC (hemp-derived) in other states

Same framework in Illinois

Other compounds in Illinois

Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Illinois? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/illinois/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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