Is Delta 9 THC Legal in Illinois?

Certain types of Delta 9 THC products are legal in Illinois, including all our THC gummies and Delta 9 edibles.

Read on for the full scoop on the legality of Delta 9 THC in Illinois.

Article Jumplinks:

How is Delta 9 THC legal in Illinois?

What is Delta 9 THC?

What are the effects of Delta 9 THC?

Which Delta is the strongest-Delta 8 vs Delta 9?

Is it legal to buy Delta 9 THC online in Illinois?

How do I find Delta 9 gummies in Illinois?

Personal THC consumption was legalized in Illinois in 2019 which ended cannabis prohibition and replaced it with a system to tax and regulate cannabis for adults 21 and over. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Illinois chose to legalize the production and sale of certain hemp-derived THC and CBD products.

The Industrial Hemp Farming Act was passed unanimously by the Illinois General Assembly in the Spring of 2018 and signed into law on August 25, 2018. The Act gave the Illinois Department of Agriculture the authority to permit farmers to grow industrial hemp in Illinois.

On June 25, 2019, Governor J.B. Pritzker signed into law HB 1438 into law, which legally separated hemp and marijuana, and legalized the commercialization of certain types of hemp products. The new law, which was sponsored by Senator Heather Steans legalized marijuana possession and use for adults, expanded the current medical cannabis licensing system, included automatic expungement for cannabis offenses, and added the ability for medical patients to grow cannabis at home.

Unlike many other states, three different agencies are also responsible for oversight and licensing of the cannabis industry in Illinois. Responsibility for cannabis regulation and control is shared by:

The Illinois Department of Agriculture (IDOA), which regulates and licenses:

• cannabis cultivation centers;
• craft growers;
• infusers;
• transporters

The Illinois Department of Financial and Professional Regulation (IDFPR), which licenses and oversees medical and adult use cannabis dispensing organizations that sell cannabis to patients on the medical cannabis registry and to adults above the age of 21.

The Illinois Department of Public Health (IDPH), which administers the registry of patients and the medical marijuana program.

Marijuana is legal in Illinois for both medical and recreational users, with some restrictions. Starting January 1, 2020, adults 21 and older may possess cannabis and purchase cannabis products in licensed stores. Possession is limited to:

• 30 grams of raw cannabis;
• Cannabis-infused product or products containing no more than 500 mg of THC;
• Five grams of cannabis product in concentrated form.

Non-residents may purchase half that amount, or 15 grams of cannabis, 250 mg of THC in a cannabis-infused product, and 2.5 grams of concentrated cannabis product.

Medical Marijuana in Illinois

The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.

The Illinois Medical Marijuana Pilot program was approved in 2013, began sales in 2015, and was expanded by Governor Bruce Rauner in 2018. The Illinois Medical Marijuana program is considered one of the most restrictive medical programs in the US and was set to expire in July 2020 until SB 2023 passed.

With the passage of SB 2023 in July 2019, the list of qualifying conditions for medical marijuana in the state of Illinois has expanded. SB 2023 also made the state's medical cannabis program permanent.

The state of Illinois issues a medical card for qualifying patients which are available by registering with the state. In Illinois, medical marijuana cards dramatically reduce the amount of taxes you have to pay to purchase your cannabis for qualifying medical conditions.

According to Illinois state regulations:

• Patient possession limits: two and a half ounces of cannabis per 14-day period
• Home cultivation: beginning on January 1, 2020, medical cannabis patients may purchase cannabis seeds and grow up to five plants at their residence. There are limitations on home growing, however, including a cap of five plants per household, regardless of the number of residents who are 21 or over, and plants will need to be secured and out of view by the public. Home cultivators can keep what they grow, but possession limits still apply outside the residence, and sales are prohibited unless part of a licensed cannabis business.
• Qualified medical marijuana patients in Illinois have the benefit of shopping at medical cannabis dispensaries

Cannabis Regulation and Tax Act

Sec. 1 Definitions

"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.

"Cannabis concentrate" means a product derived from cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture

"Cannabis container" means a sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation.

"Cannabis flower" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin.

"Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.

(505 ILCS 89/) Industrial Hemp Act.

Sec. 5 Definitions

"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.

Sec. 20. Hemp products. 

Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.

In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Illinois State if they meet the following criteria:

1. Delta 9 THC in the product is derived from hemp
2. The product contains 0.3% or less of THC by dry weight

FAQ on Delta 9 Illinois Legality

Are Delta 9 gummies legal in Illinois?

Yes, Farm Bill compliant Delta 9 gummies are legal in Illinois. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions:

1. The THC must be derived from the hemp plant rather than the marijuana plant
2. THC concentrations must not exceed 0.3% by dry weight

All our Delta 9 gummies are legal for you to buy in Illinois. Shop now!

What is stronger, Delta 9 or Delta-8?

Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, gummies with Delta 8 are a great choice for people new to products containing hemp.

How strong is Delta-9 THC?

The strength of Delta 9 and its effect on a person depends on 2 factors:

1. The dose of Delta 9 taken
2. How accustomed the consumer is to taking Delta 9 THC

Additionally, the following factors also influence how Delta 9 affects the person taking it:

• What is the consumption method? Some THC substances travel through the lungs and become accessible more quickly (like vaping or smoking). Some products must be digested (like edibles, gummies, oils, or capsules). These various forms may influence how long it takes to affect your brain and how powerful Delta 9 will affect you. Some forms of consumption have a quick and intense impact, while others have a longer, constant, and less obvious psychoactive effect.
• What is the quality of the Delta 9 used? Is it pure? Is it saturated with chemicals or other substances? What percentage of Delta 9 THC is consumed? Higher levels have far greater impacts.
• How often is the product used? If you take Delta 9 THC and other cannabinoids on a daily basis, they will remain in your system and influence how responsive you are to new inputs of Delta 9.

Is Delta 8 THC legal in Illinois?

Yes, Delta 8 THC products are allowed in Illinois under state law, according to Illinois House Bill 1438, which was passed in 2019. This bill makes it legal to consume, possess, sell, distribute, buy, and produce hemp and hemp-derived Delta-8 without penalty or punishment.

Delta-8 products are permitted to be sold in Illinois if it is derived from federally compliant hemp plants that contain no more than 0.3% THC.

Delta-8 products are available in Illinois both online and in physical stores.

CBD produced from hemp is legal and widely accessible throughout the state. Delta-10 and other THC isomers are allowed as well.

Buy our Illinois-legal Delta 8 gummies today!

Is Delta-9 legal in all 50 states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

These products are now legal in 48 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho and Kansas are the only two states where hemp Delta 9 is explicitly banned.

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

Do Delta 9 Gummies show up on a drug test?

Yes, even if you consume legal Delta 9 Gummies, you may fail a drug test. If you only took Delta 9 once, it will likely be cleared from your urine in four days or less. If you have taken it habitually, it can take a month or more to clear your system for a drug test.

Where to buy Delta 9 in Illinois?

In Illinois, you can buy Delta 9 products from nama CBD. Shop now!

Avoid purchasing hemp Delta 9 THC products from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

Is Delta-10 legal in Illinois?

Yes, Delta 10 THC is legal in Illinois in certain forms. As with Delta 8 and Delta 9, products containing less than 0.3% of hemp-derived Delta 10 by dry weight are legal under federal law.

The legality status of Delta 10 in Illinois is subject to change, so it’s important to stay informed and understand the law around industrial hemp and its byproducts if you plan on consuming Delta 10, or any other THC product.

Is THC-O legal in Illinois?

THC-O is currently legal in Illinois. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in Illinois, keep track of any changes to hemp industry laws that may jeopardize its legality status.

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

Despite these restrictions, hemp Delta 9 products are still legal in 49 states, making them widely available to consumers across the country.

What states can you get Delta-9?

Although the baseline law for legality of Delta 9 products is the 2018 Farm Bill, which most states simply transcribe into their state laws, some states have taken different approaches. Some states keep hemp delta-9 as legal, others restrict Delta 9 through regulation or outright banning it.

Hemp-derived Delta 9 products are legal in 42 states, plus Puerto Rico and D.C., with these states essentially following the Farm Bill when it comes to Delta-9

Hemp-derived CBD products are legal in Kansas but only if they contain 0% Delta-9 THC.

Idaho is the only state where hemp delta-9 is explicitly banned.

You can buy nama CBD Delta 9 products legally in the following states:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts 
• Michigan
• Minnesota 
• Mississippi  
• Missouri  
• Montana 
• Nebraska 
• Nevada 
• New Hampshire  
• New Jersey 
• New Mexico 
• New York  
• North Carolina 
• North Dakota
• Ohio  
• Oklahoma
• Oregon 
• Pennsylvania 
• Rhode Island 
• South Carolina 
• South Dakota 
• Tennessee 
• Texas 
• Utah 
• Vermont 
• Virginia
• Washington 
• West Virginia 
• Wisconsin
• Wyoming

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.