Is Delta-8 legal in Illinois?

Hemp-derived Delta-8 THC is legal in Illinois, based on the Farm Bill and Illinois’ own legislation. Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system.

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC and we’ll look at that in the next section. Most states are onboard with Delta-8, and it’s beneficial that Illinois is too.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties.

The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others in hemp and are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant, the industrial hemp act changed all of that.

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term `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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids.

How do you buy high quality Delta-8?

Purchasing great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

For trust and reliability, producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including potent Delta-8 Diamonds.

Where is Delta-8 THC legal?

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders and laws. It’s confusing for Americans but is the current situation. To learn about cannabis regulation other laws and states, read Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Illinois

Delta-8 is widely available from stores in Illinois like Smoke & Vape Chicago. Remember you can always use the convenience and privacy of Earthy Select’s direct mail order service too! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and the law in Illinois

In 1978 Illinois passed the Cannabis Control Act, which technically allowed for medical marijuana using and recreational marijuana using, but neither of the two state law and departments which could have taken action to implement it (Human Services and the State Police) did so [3].

In 2013, under Illinois state law, Illinois passed the Compassionate Use of Medical Cannabis Pilot Program Act in 2013 (MCPP), establishing its Medical Cannabis Patient Program

In 2016, Illinois decriminalized punishment for under 10 grams of cannabis from a misdemeanor to a $100–200 fine [4].

Adult Illinois residents may possess up to 30 grams of cannabis flower.

In 2020, the state legalized recreational marijuana with the Illinois Cannabis Regulation and Tax Act. Under it, an “adult Illinois resident may possess up to 30 grams of cannabis flower, 5 grams of cannabis concentrate and up to 500 milligrams of THC in a cannabis infused product. An adult resident of the state law any other state may possess up to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate and up to 250 grams of THC in a cannabis infused product [5].”

Also in 2019, SB 2298 established a hemp program for Illinois and defined hemp as cannabis with less than .3% Delta-9 THC “and includes any intermediate or finished product made or derived from industrial hemp.”

State Representative Bob Morgan (D-Deerfield) introduced legislation in 2021 that would have required products with Delta-8, CBD and other cannabinoids to be treated similarly to legal marijuana cannabis products. The bill passed the state House but failed in the Senate [6].

Final thoughts on Delta-8 in Illinois

Illinoisans are thankfully free to enjoy Delta-8. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

Frequently Asked Questions

What is the difference between THC and CBD?

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both naturally-occurring cannabinoids from the cannabis plant, and both have the exact same molecular structure. A slight difference in how the atoms are arranged accounts for the differing effects on your body. THC is the main psychoactive component of the plant—the part that can make people feel “high.” CBD is not psychoactive and is used for therapeutic effects of its own.

What does “hemp-derived” mean?

How do I take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something for everyone (21 or older 🙂 ).

Is Delta-8 as strong as Delta-9?

They are both forms of THC that can be derived from hemp or marijuana, and both can have strong effects. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC per dry weight. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have one-half to two-thirds the strength of Delta-9.

Is it legal to send Delta-8 in the mail?

Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

What is a COA?

A certificate of analysis (COA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

Can I order Delta-8 online for delivery?

Yes! Delta-8 and other hemp-derived products with less than .3% Delta-9 THC are federally legal to transport across state lines. Certain states have limitations on what they allow within their borders, and these can change. You should stay aware of your local regulations, and let your representatives know your community’s thoughts on cannabis!

Is Delta-8 safe?

Yes, when it is produced with proper and safe practices. Look for a product’s COA. A certificate of analysis (COA) is a document attesting to a product’s laboratory analysis and testing for cannabinoids and adulterants.

Will Delta-8 show up on a drug test?

Yes. It will depend on dosage size and regularity of use, but there is a risk of failing a drug test. Drug tests for marijuana generally identify THC or its metabolites, and Delta-8 THC can make a person fail a drug test. If you anticipate taking one, we suggest checking with your employer or test administrator for clarity prior to taking Delta-8 or any full spectrum products.