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Is Delta 8 Legal in Illinois, And Where To Buy It Locally?

November 23, 2021
Is Delta 8 legal in Illinois

Let’s find out if Delta 8 THC is legal in Illinois. Delta 8 THC has been a trendy hemp byproduct that has taken over the industry. 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.

Main Keypoints

  • Delta 8 THC is a cannabis extract with less psychoactive potency than Delta 9 THC.
  • The best way to get your D8 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 Industrial Hemp Act in Illinois was to legalize industrial hemp and all-natural hemp plant material.

Yes, the state legalized hemp back in 2018.

If you live there, I’m sure you have already seen Delta 8 THC in various shops around town, or if you do a quick search online, you’ll see the countless stores selling all kinds of Delta 8 hemp products.

This is good news for all you Illinoisans and those who might be visiting soon.

Bonus: Recreational marijuana is also legal in Illinois.

The State legalized recreational marijuana back on Jan 1st, 2020.

What Is Delta 8 THC?

What is Delta 8 THC, one might ask? Well, Delta 8 is a mildly psychoactive cannabinoid. Discovered back in the late 1940s by a chemist named Raphael Mechoulam, 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. None of these statements has yet to be approved by the FDA and are purely based on research papers.

The main reason research points towards that are its activity at the CB1 receptor, which produces effects such as anti-emetic and neuroprotective.

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 THC started to hit the shelves, some unlicensed outlets started to sell Delta 8 THC products without any quality screening whatsoever. As a consumer, you could be getting anything from just water with some THC crystals sprinkled into it to full-blown pesticides when you buy your hemp derivatives at one of these places—obviously not suitable for anyone’s health. 

One of the easiest ways to purchase your Delta 8 THC is to buy it online from a reputable retailer. BiowellnessX is an online retailer with great prices, fabulous products, and fantastic customer service.

We also provide our customers full access to our lab reports, customer reviews, and 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.

If you need your goods NOW, you can always stop at a licensed smoke shop or CBD store or place an order with us today and get it shipped directly to your door within a few days.

Where To Buy Delta 8 THC In Illinois

Listed below are some cities that have hemp derivatives on their shelves:

  • Addison
  • Arlington
  • Canton
  • Champagne
  • Charles
  • Chicago
  • East Grandview
  • Evanston
  • Joliet
  • Marion

If you are 21+, then you can enjoy your cannabis products freely!

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

A passage from the 2018 Farm Bill legalized hemp, which means it’s federally legal, including the naturally present Delta 8 THC in hemp plants – which means that all derivatives and cannabinoids per the federal law are legal.

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 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. 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 in the plant Cannabis Sativa. If it surpasses the legal limit, the product will be classified as a schedule 1 drug and violate federal rules.

State Laws

Illinois State Law on Delta 8 THC doesn’t explicitly state anything about Delta 8. 

However, it states 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 State 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 law regarding industrial hemp, the federal provisions shall control the extent of the conflict.

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

(505 ILCS 89/5)

 “Industrial hemp” means plant cannabis Sativa 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. Recreationally authorized residents can’t grow their private plants in the State, but medical holders can grow five plants. Individuals wanting to use Delta 8 THC to treat 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.

Delta 8 vs Delta 9

Tell me the difference between Delta 8 THC 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 plant Cannabis Sativa, also known as the hemp plant, has much less THC and high levels of CBD.

Delta 8 THC is at about half its adequate strength and produces considerably more mellow, less psychoactive results; however, many reports it has the same effects on 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.

There are no age restrictions on purchasing or consuming legal hemp products or other cannabinoids, according to federal law. 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.

As long it’s 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, the sister state Wisconsin, and even the very hemp-friendly state of Florida keep having an open mind and keep Delta 8 legal for years to come.

The main focus of the Industrial 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.

Final Thoughts

All you Illinoisans and travelers, you can enjoy your Delta 8 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.

Pure THC Gummies from BiowellnessX
Claim your bonus with us today, and save cash while trying premium THC gummies!


  1. Illinois Department of Agriculture- NLS – Plants (
  2. Illinois Industrial Hemp Act-Industrial Hemp – Plants (
  3. Hemp Production and The 2018 Farm Bill- Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA

By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8 THC and Delta 10 THC is new and constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend checking your current state’s laws or federal hemp laws before purchasing any industrial hemp-derived products (CBD, THC) in Illinois. The data in this post is not intended to diagnose, treat, cure or give any medical advice. Do your due diligence and seek your doctor’s advice, especially if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when consuming new products.

Frequently Asked Questions (FAQs)

What is the legal age to purchase Delta 8 or cannabis products?

21 is the legal age to buy CBD, THC, or any Delta 8 products for safety.

Is Delta 8 legal in every State?

Delta 8 is legal in 32 states, but there are over a dozen states where it has been restricted.

Does Delta 8 help relieve pain?

For most people, Delta 8 does help with their pain and ailments. It just depends on your body’s chemistry.

Can I have Delta 8 delivered to me?

Many shops offer different delivery services to get your products straight to your door. How nice is that? You won’t even have to leave your comfy couch.

Can vape shops sell Delta 8?

Yup, vape shops can sell Delta 8. You can see many products and other brands when you go in person. Just be cautious with the total amount of THC in them. 

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.

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.

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