Is CBD Oil Legal in Illinois?

What is CBD?

Also called Cannabidiol, CBD is a chemical compound from the cannabinoid family naturally occurring in the cannabis plant. Although it is less known than delta-9-tetrahydrocannabinol, THC, which is responsible for the intoxicating effect experienced by cannabis users, CBD is increasingly popular for its potential therapeutic effects. Per a World Health Organization report CBD shows no effect indicative of a dependence potential or substance abuse. The safe, non-addictive CBD may also be used to neutralize the effect of THC, depending on the quantity of each compound taken.

Extensive scientific research – most of it funded by the United States government – and rising anecdotal evidence from patients and clinicians support CBD's potential as a therapy for a wide variety of ailments, including autoimmune diseases, metabolic syndrome, neurological conditions, skin diseases, neuropsychiatric illnesses, and gut disorders. CBD is available in various forms, including topicals and lotions, oils, crystals, waxes, e-liquids, and capsules.

Per the 2018 Farm Bill, it is now legal in the United States to make, buy and consume CBD products if they satisfy specific requirements. CBD products must be made from hemp and contain no more than 0.3 percent THC in order to be legal in the United States. CBD products derived from marijuana and hemp-derived CBD products containing more than 0.3 percent THC remain illegal in the United States. Note that the 2018 Farm Bill permits states to enact their own laws to prohibit the use of CBD in their jurisdictions.

Is CBD Oil Legal in Illinois?

Yes. You may purchase and use hemp-derived CBD oil in Illinois as long as certain requirements are fulfilled. Such products must contain no more than 0.3% THC and must be made in Illinois. You may purchase marijuana-derived CBD oils if you suffer from any of the qualifying medical conditions in the state, possess a valid ID card and a medical marijuana card, and have obtained a licensed physician's recommendation.

One of the differences between CBD oils produced from marijuana and CBD derived from industrial hemp is that marijuana-derived CBD oils contain a higher content of THC, which may get people "high."

What are Illinois CBD Laws in 2022?

Former Illinois Governor Patt Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act into law in August 2013. This legislation legalized the cultivation, sale, and use of medicinal marijuana throughout the state for residents certified to be suffering from specific severe medical conditions. Additionally, the Act shields qualifying patients from legal and criminal culpability, as do their providers and doctors. The laws have since been expanded, and Illinois has now published a list of medical illnesses for which CBD is permitted. Illinois holds a strict view concerning CBD consumption under this program. Regulators monitor cannabis from its origin through its final sale.

The state has permitted the use of CBD for a limited number of patients suffering from specified conditions. They may use marijuana-derived CBD if they are suffering from one of the state's qualifying conditions. Among these disorders include HIV/AIDS, Parkinson's disease, cancer, and severe fibromyalgia.

An Illinois resident registered under the state's medicinal marijuana program can possess up to 2.5 ounces of marijuana fortnightly. However, card-carrying patients may grow up to 5 marijuana or CBD-rich hemp plants at home. Patients who want more must purchase them from state-licensed medical marijuana dispensaries.

In 2014, the Cannabis Control Act was passed, establishing the Illinois Hemp Research Pilot Program, which authorized the Department of Agriculture and higher educational institutions to cultivate industrial hemp for academic and agricultural research. In 2019, the Illinois Department of Agriculture issued a set of provisional regulations under the Industrial Hemp Act guiding licensure, inspection and sampling, laboratory testing requirements, sale, transfer, and transportation of industrial hemp.

Under the Illinois Industrial Hemp Act, the state's definition of industrial hemp remained consistent with the federal government's THC restriction of 0.3 percent by weight. Under the provisional rules, the sale and transfer of all hemp and hemp-derived products that meet these products' state and federal definitions are permitted in Illinois. The 2018 Farm Bill also permitted states to establish their own hemp-growing programs, as long as they submitted a plan to the USDA (United States Department of Agriculture) for approval.

What are Illinois CBD Possession Limits?

Illinois has not imposed any restrictions on the amount of CBD that an individual may possess. Patients registered under the state's medical marijuana program may possess up to 2.5 ounces of marijuana-derived CBD during a 14-day period.

Can Doctors Prescribe CBD Oil in Illinois?

Doctors in Illinois are not permitted to prescribe CBD oil, but they can recommend CBD oil to patients they have sufficient cause to believe will benefit from it. Illinois residents use CBD oil to treat various illnesses and symptoms of illnesses. Some of the conditions that patients may treat with CBD oil include:

• Arthritis
• Asthma
• Acne
• Autoimmune diseases
• Atherosclerosis
• Inflammation
• Nausea
• Migraines
• Insomnia
• Shingles
• Rheumatism
• Osteoporosis
• Stress
• Shingles
• Epilepsy
• Seizures
• Skin conditions

Note that the United States Food and Drug Administration (USFDA) has not approved cannabis for medical use. Hence, doctors are also not permitted to prescribe hemp or marijuana CBD products to their patients. However, the exception is the drug called Epidolex, a pure CBD, approved by the USFDA for use by children suffering from seizures related to tuberculosis, sclerosis complex, Gastaut Syndrome, and Dravet Syndrome.

What are the Licensing Requirements for CBD in Illinois?

Per Section 1200.20 of the Illinois Industrial Hemp Act, no person may cultivate industrial hemp in the state without obtaining an industrial hemp cultivation license from the state Department of Agriculture (IDOA). Section 1200.20b of the Act also requires persons who handle industrial hemp in the state to register with the IDOA for processor or handler permits. Registered hemp handlers can process, transport, or store industrial hemp for any length of time on facilities owned, operated, or controlled by an entity or individual, or the agent thereof, licensed to cultivate industrial hemp or registered to process industrial hemp.

An applicant for an industrial hemp cultivation license must submit a signed, complete, accurate, and legible application form provided by the state DOA. The applicant is required to provide the following:

• The name and address of the entity or individual applying for the license
• The type of organization or business, such as partnership, LLC, corporation, or sole proprietor.
• The business name and address
• The legal description of the facility area, including GPS coordinates of each contiguous land area intended for cultivating industrial hemp. Illinois defines contiguous land areas as areas used to grow industrial hemp that are not separated by more than 1,000 feet of fences, railroads, waterways, roads, lanes, highways, interstate, or other separations. Per Illinois law, the minimum land area that a licensed hemp cultivator may use for industrial hemp cultivation is a contiguous land area of 500 square feet for indoor cultivation and one-quarter of an acre for outdoor cultivation.
• The map of the land area that the applicant will use for hemp cultivation. The map must show the boundaries and dimensions of the growing area in square feet or acres.
• The applicable fee. The application fee is $100 for each noncontiguous land area and each indoor cultivation operation area. Following approval, the license fee for each noncontiguous land area and each indoor cultivation operation is $375 for a 1-year license, $700 for a 2-year license, and $1,000 for a 3-year license.
• The types of industrial hemp that the applicant intends to cultivate

For intending hemp processors, the following are required:

• The address and name of the applicant
• The business type
• The business name and address
• The nature of the processing methods to be used
• The applicable fee. The application fee is $100 for each facility operated by the processor. Upon approval, the registration fee for each registered address run by the processor is $375 for a 1-year registration, $700 for a 2-year registration, and $1,000 for a 3-year registration.

Per the Illinois Industrial Hemp Act, applicants for hemp cultivation licenses or processor registrations will be subject to criminal background checks. Anyone convicted of a controlled substance-related felony in the previous ten years to the date of application would be deemed ineligible.

Illinois stipulates a set of generic requirements for packaging and labeling all cannabis products in the state. In accordance with 410 ILCS 705/55-21, all products containing cannabis must be sold in an odor-proof, sealed, and child-resistant cannabis container consistent with specified standards. Each cannabis product must be labeled prior to sale and securely attached to the packaging. The label must say in legible English and any other languages authorized by the Department of Agriculture:

• The post office box and the name of the craft grower or registered cultivation center where the item was manufactured
• The usual or common name of the item and the registered name of the cannabis product registered with the Department of Agriculture
• A distinct serial number that corresponds to the batch and lot numbers of the cultivation center or craft grower to facilitate any warnings or recalls issued by the Department of Agriculture.
• The date of final testing and packaging, as well as the name and address of the independent testing laboratory The "use by" date and the date of harvest
• The amount of cannabis (in ounces or grams).
• If sampled, a pass/fail grade based on the laboratory's microbiological, mycotoxins, pesticide, and solvent residue tests.
• A content list including the maximum and minimum percentage content by weight for cannabidiol (CBD), delta-9-tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), and any other ingredient of the item. The acceptable tolerances of minimum percentages printed on the label for any compound must not be below 85% or above 115% of the labeled amount.

The label must also not contain:

• Any information that is misleading or false
• Any information that promotes excessive consumption of the package
• Any information that depicts an individual under 21 consuming cannabis
• An image of a cannabis leaf
• Any image intended for or likely to appeal to minors, including cartoons, toys, animals, or children, or any other resemblance to images, characters, or phrases commonly used to advertise to children, or any packaging or labeling that bears a reasonable resemblance to any product available for consumption as a commercially available candy, or that promotes cannabis consumption.
• Any seal, flag, crest, coat of arms, or other symbols that may cause the consumer to assume that the product was sponsored, manufactured, or used by the State of Illinois or any of its representatives.

Where applicable, the following are labeling requirements for cannabis products produced by concentrating or extracting ingredients from cannabis plants:

• If solvents were employed to make the extract or concentrate, a statement describing the extraction procedure, including any solvents or gases used to manufacture the concentrate or extract, must be accessible on the label
• Any additional chemicals or compounds used to produce or added to the extract or concentrate must be on the label.

All cannabis product labels must have warning statements for customers that are readable and clearly noticeable to a consumer evaluating a package and that cannot be covered or concealed in any manner. Per 410 ILCS 705/55-21(h), the Department of Public Health will identify and update relevant health warnings for packaging, including any needs for particular labeling or warning requirements for cannabis products.

Specific warnings applicable to various cannabis products are contained in Section 1300.940 of the IDOA Adult-Use Cannabis Emergency Rules. Note that in accordance with 410 ILCS 705/55-21, individuals other than purchasers who destroy or alter any labeling affixed to the primary packaging of cannabis products in Illinois will face appropriate penalties.

Where to Buy CBD in Illinois?

CBD is available in several locations around Illinois. CBD derived from the marijuana plant with a healthy dosage of THC is available exclusively at licensed medical marijuana dispensaries. These shops provide high-quality products but will demand medical marijuana cards from purchasers. Consumers seeking hemp-derived CBD products can find such at numerous health food stores, head shops, smoke shops, and vape shops. Illinois is home to practically every form of CBD now available. Smokables, edibles, balms, and other cannabis products are available at retailers around the state.

Additionally, you may get CBD oil online. This method is perhaps the most convenient way of obtaining CBD. The online purchase offers you access to a large selection of products. There are several reputable producers whose products are available online. When shopping CBD products online, always purchase from trusted vendors. These retailers typically have their products tested by reputable third-party laboratories that disclose the composition of their products.