Is Delta 8 Legal In Illinois? What You Need To Know Before You Get Your Delta 8 On In The Land Of Lincoln.

is delta 8 thc legal in Illinois

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Delta 8 THC is a trendy hemp byproduct that has taken over the country fast. This hemp derivative is making hemp enthusiasts fall in love with THC all over again, and for a good reason. This blog will help dissect Illinois State Law and everything you need to know to get your Delta 8 THC in the land of Lincoln.

LEGAL DISCLAIMER
The legal status surrounding Delta 8 THC is constantly changing. We always strive to do our best to give you the most updated information. We recommend that you always check your current state- or even federal law before purchasing any hemp-derived products (CBD, THC) in Illinois. The data in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due diligence and always seek your doctor’s advice, especially do if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea on new products.

Main Points

  • YES! Delta 8 THC is legal in Illinois.
  • Delta 8 THC is a cannabis extract with less psychoactive potency than Delta 9 THC.
  • The best way to get your Delta 8 THC is online from a reputable retailer.
  • One requirement is that the level of Delta 9 THC doesn’t exceed 0.3% on a dry weight basis.
  • The main focus of the Hemp Act in Illinois was to legalize industrial hemp and all-natural hemp plant material.


Is Delta 8 THC Legal?

Is Delta 8 THC legal in Illinois? Yes, it sure is! If you live there, I’m sure you have already seen Delta 8 THC in various shops around town. This is good news for all you Illinoians and for those of you who might be visiting soon.

What Is Delta 8 THC?

What is Delta 8 THC, one might ask? Well, Delta 8 THC is a mildly psychoactive cannabinoid. Discovered back in the late 1940s by a chemist named Raphael Mechoulam, who was later called the godfather of Cannabis. These synthetically derived tetrahydrocannabinols wouldn’t be studied until many years later.

Delta 8 is a cannabis extract with less psychoactive potency than Delta 9 THC. Because of this, it seems to be providing a clear-headed euphoric experience without the paranoia or anxiety that comes from more potent compounds of THC or consuming more significant amounts at once.

Delta 8 THC contains a double bond on the 8th carbon, while Delta 9 THC contains a double bond on the 9th carbon. This tiny difference makes Delta 8 THC between half and three-quarters as potent as traditional THC.

Through research, Delta 8 THC seems to also help with nausea and vomiting, and neuropathic pain. The main reason research points towards that are its activity at the CB1 receptor, which produces effects such as anti-emetic and neuroprotective.

Delta 8 THC was discovered by Raphael Mechoulam, who is a renowned cannabinoid researcher. He created it as a synthetic alternative to Delta 9 THC or tetrahydrocannabinol (THC) which has psychoactive properties and high concentrations in marijuana plants (plant cannabis Sativa). (1)

Where To Buy Delta 8 THC In Illinois

The cannabis industry is booming. Many people jump on the bandwagon and open their dispensaries, smoke shops, online shops, or even gas stations to sell hemp products, such as CBD, Delta 8 THC (diet weed,) and a slew of other cannabinoids.

When Delta 8 started to hit the shelves, some unlicensed outlets started to sell Delta 8 THC products without any quality screening whatsoever. This means you as a consumer could be getting anything from just water with some THC crystals sprinkled into it to full-blown pesticides when you buy your hemp-derived products at one of these places—no good for anyone’s health. 

One of the best ways to purchase your Delta 8 THC is to buy online from a reputable retailer. BiowellnessX is an online retailer that has great prices, fabulous products, and fantastic customer service. We strive to make your experience fast and easy.

We also provide our customers full access to our lab reports, customer reviews, easily accessible customer service so that you can feel safe buying all of your hemp-derived items if any questions might arise.

All of our Cannabis, CBD, and THC products follow the 2018 Farm Bill and are all legal in Illinois.

Federal Law, State Law and Hemp-Derived Products Such as Delta 8 THC

Federal Hemp Laws

A passage from the 2018 Farm Bill legalized hemp, including the naturally present Delta 8 THC in hemp plants – which means that all derivatives and cannabinoids are legal on a federal level as well.

This includes extracted Delta 8 THC, which is made by extracting CBD from the cannabinoid-rich hemp plant and converting it into D8. This process increases the amount of D8 found in the plant 100 fold, but it is still found in minimal amounts (less than 0.1%).

This makes it extremely difficult to extract organically. That’s why Delta 8 THC was created by converting CBD into Delta 8. This conversion process begins with an immense increase of D8 concentration in the CBD.

One requirement with the 2018 farm bill is that the present delta 9 THC level doesn’t exceed 0.3% dry weight. If it surpasses the legal limit, the product will be classified as a schedule 1 drug.

State Laws

Illinois State Law on Delta 8 THC doesn’t explicitly state anything about Delta 8 THC. However, it does state that any hemp-derived material that originates from the hemp plant is legal as long the total Delta 9 THC does not surpass 0.30%.

The StateState has legalized medical marijuana, which can be purchased at licensed dispensaries with and without a medical card.

Here are some excerpts from the Illinois Industrial Hemp Act:

(505 ILCS 89/20)

    Sec. 20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products presently legal to possess or own.

(Source: P.A. 100-1091, eff. 8-26-18.)

    (505 ILCS 89/25)

    Sec. 25. Violation of federal law. Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws. If any part of this Act conflicts with a provision of the federal laws regarding industrial hemp, the federal provisions shall control to the extent of the conflict.

(Source: P.A. 100-1091, eff. 8-26-18.)

(505 ILCS 89/5)

 “Industrial hemp” means 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 that has been cultivated under a license issued under this Act or is otherwise lawfully present in this StateState and includes an intermediate or finished product made or derived from industrial hemp.

(Source: P.A. 100-1091, eff. 8-26-18.)

Do I Need A Medical Card In Illinois To Order Delta 8 THC?

Since 2014, medical marijuana has been allowed in Illinois in the Compassionate Use of Medical Cannabis Program Act. The FDA has yet to approve a form of medical marijuana that can be prescribed to humans. Recreationally authorized residents can’t grow their private plants in the StateState, but medical holders can grow five plants. Individuals wanting to use Delta 8 THC for the treatment of medical symptoms do not require a medical card.

Any adult is free to sell or purchase legalized industrial hemp products from any authorized dispensary, online retailer, or CBD shop for recreational uses without a prescription. Any person wanting to grow a cannabis plant containing Delta 9 THC needs a medical card for use in Illinois.

What Is The Difference Between Delta 8 and Delta 9 THC?

Do both occur in the plant cannabis Sativa?

Delta 9 THC is in the cannabis plant, consisting of two variations: The marijuana plant consists of high levels of THC and low levels of CBD. The Cannabis Sativa L, also known as the hemp plant, has much less THC and high levels of CBD. Delta 8 is at about half its adequate strength and produces considerably more mellow, less psychoactive results, however many reports it has the same effects towards various conditions as Delta 9 THC has. No form of THC has been FDA approved for human consumption. However, people who have used both tend to agree that Delta 8 is less anxious-provoking and a more effortless experience than Delta 9, which is also one of the main reasons this newer THC compound has grown so popular over the last few years.

What Is The Legal Age To Purchase Delta 8?

There are no age restrictions to purchase or consume legal hemp products or other cannabinoids, according to federal law. But many retailers require consumers to be at least 21 years of age.

Is Delta 8 THC A Controlled Substance In The Land of Lincoln?

If you’re wondering if Delta 8 is a controlled substance in Illinois, the answer is no. It is derived from legal hemp and falls under the parameters of the Hemp Act in Illinois.

However, some people still believe the industrial hemp industry is still too new to say with certainty whether or not cannabinoids such as Delta 8 derived from legal hemp material are not considered a controlled substance in Illinois. This issue has caused some states to classify and schedule the cannabinoid as illegal due to its psychoactive properties. We hope states like Illinois and the sister state Wisconsin keep having an open mind and keep Delta 8 legal for years o come.

The main focus of the Hemp Act in Illinois was to legalize industrial hemp and all-natural hemp material, which includes cannabinoids such as CBD and even Delta 8. However, they did add the following phrase to the Bill: “Cannabis” doesn’t incorporate any industrial hemp, defined or authorized under the Industrial Hemp Act.

delta 8 Illinois


Final Thoughts

All you Illinoisans and travelers, you can enjoy your Delta 8 THC products, CBD, and any other hemp-related products. Illinois is legal and ready to mingle. Illinois is a state that leads by example, and we hope other states will follow suit, so more consumers can enjoy the great benefits of what THC, in general, can do.

Now that you know you can safely purchase any Delta 8 Products check out what we have available. Also, we recently launched our new compliant Delta 9 THC gummies; if you want something a little stronger and looking for more of a ‘head high,’ these organic-made gummies will do the trick.

If this is your first time trying THC, take a look at our 2-pack THC gummies. They are perfect before you commit to any bigger jars, or even f you are on the go, these are easy to carry with you.


Illinois Department of Agriculture-Industrial Hemp – Plants (illinois.gov)
Illinois Industrial Hemp Act- 505 ILCS 89/ Industrial Hemp Act. (ilga.gov)
Hemp Production and The 2018 Farm Bill- Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA

Frequently Asked Questions

Is recreational marijuana legal in Illinois?

It is legal. Just make sure to check with your local laws on how much you can have in your possession.

What hemp derivatives can I purchase in Illinois?

You can purchase many hemp derivatives in Illinois. Delta 8 gummies, full-spectrum CBD Gummies, delta 8 oil tinctures, smokes, and topical creams are all available for purchase.

Is Delta 8 legal in all 50 states?

Under current federal regulations, yes, it is legal. Each state has the right to make its own regulations regarding hemp. There are several states where they put a limit on what is allowed to be sold or not.

Does Delta 8 THC get you high?

Consumers have reported back they experience a euphoric feeling when consuming delta 8 products. We suggest you start small; for example, start with our 10mg delta 8 gummies if this is your first time, and from there, increase the dosage as needed.

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