Illinois May Use Executive Authority to Rein In Unregulated Hemp Sales

17 September 2025

Illinois is preparing to tighten rules on intoxicating hemp products after repeated attempts at legislation stalled. On September 17, Governor JB Pritzker said he is ready to use executive authority to address unregulated sales of hemp-derived THC items, including delta-8, delta-9, and delta-10 products. He argued these products should be treated like regulated cannabis and said, “If the legislature and if the advocates for the hemp industry are unwilling to do it, then we will take executive action.”

The governor previously supported House Bill 4293, the Hemp Consumer Products Act, which would have required licensing, testing, packaging, and age-gating under the same standards as Illinois’ Cannabis Regulation and Tax Act. The Senate voted 54-1 to amend and pass H.B. 4293 last year, but the House did not act. The 2025 session adjourned in May without a bill, leaving intoxicating hemp products on retail shelves. Lawmakers could still take up the issue during the October 14 to 30 veto session.

Pritzker’s stance follows actions in other large states:

• California adopted emergency rules in September 2024.
• In Texas, Governor Greg Abbott issued an executive order this month to limit hemp sales to adults 21 and older, strengthen testing and labeling, and increase enforcement after vetoing an earlier legislative ban he said would face lengthy litigation.
• A recent federal appellate ruling upheld an Arkansas law restricting hemp products, indicating states may regulate or ban such items so long as interstate transport of legal hemp is not obstructed.

Public health concerns are central to the debate. The governor’s office cited a report of more than 9,000 delta-8 THC poisoning cases since 2021, with 41 percent involving children. The U.S. Food and Drug Administration warns that delta-8 products carry serious risks and are not evaluated for safe use. By contrast, Illinois’ adult-use cannabis market, which generated more than 2 billion dollars in sales in 2024, requires age verification, product testing, and standardized labeling.

Illinois trade groups differ on implementation details but converge on the need for rules. The Illinois Hemp Business Association supports regulation rather than prohibition, advocating for 21-plus sales, comprehensive testing and labeling, and a reinvestment tax. The Cannabis Business Association of Illinois supports using state authority to protect communities from untested intoxicating products and previously supported limiting hemp product sales to licensed cannabis channels.

At the federal level, the policy path remains unsettled. Senate appropriators briefly advanced language to ban hemp products containing synthetic compounds and quantifiable intoxicating cannabinoids, but it was removed after objections. Eight Democratic senators this week urged congressional leaders to adopt a regulatory framework that includes 21-plus sales, standardized packaging and labeling, a prohibition on synthetic or artificially derived cannabinoids such as delta-8 THC, and independent third-party testing.

If Illinois proceeds with executive action, courts may be asked to weigh its scope. For hemp retailers, any new rule set would likely introduce age limits, testing, licensing, and packaging standards. For consumers, clearer labels and verified testing would more closely align hemp products with cannabis program safeguards.