Did Illinois Regulate Delta-8 THC? Delta-8’s Legality in the Land of Lincoln

Delta-8 is the new cannabinoid on the block that’s making waves in the hemp and marijuana industry. As an Illinoisan, you’ve probably heard of D8 as the hemp derivative that doesn’t give you a traumatic THC experience (like making you wonder if a phantom person is following you). Currently, this cannabinoid is in a legal loophole that allows consumers to get a taste of it. 

If you want to try it, you are probably wondering where does it fit in the current cannabis regulations in the Land of Lincoln? Can you legally buy D8 in Illinois? 

Is It Legal: Illinois Delta-8 Laws 

The short and simple answer is YES, hemp-derived Delta-8 is legal in Illinois.

What Is Delta-8? 

Delta-8 is a tetrahydrocannabinol or a chemical compound derived from the hemp plant. As an isomer of Delta-9 THC, D8 offers a mild, chill “high” as opposed to traditional THC’s intense high that in some people can last for hours. 

This is because it contains a double bond on the 8th carbon, while Delta-9 contains a double bond on the 9th carbon. A tiny but notable difference that makes D8 between half and three-quarters of the psychoactive potency of traditional THC. As such, it’s the perfect balance between THC and CBD. When using D8, our customers report feeling a clear-headed high that keeps them productive and on top of their game without feeling anxious or paranoid.  

Where to Buy Delta-8 in Illinois

From local bakery shops, gas stations, and convenience stores to licensed dispensaries and CBD shops, D8 is everywhere in Illinois. Unlicensed outlets that don’t have experience with hemp CBD or any other cannabinoid are selling D8-infused food and other products. Many businesses joined the green rush and added a bunch of D8 products in their stores without screening for quality. 

Can I buy D8 products online in Illinois? Absolutely, the best D8 products at the best prices are online. Most companies ship fast and in discreet packaging. Delta-8 is unregulated in most states, so if you’re trying to stay safe while receiving quality, ordering it online is the way to go. 

One of the main reasons you should buy Delta-8 THC online is because online retailers are very transparent and screen for quality. Take Mr. Hemp Flower for example. We make it effortless for you to see what’s in your product. On each product page, you’ll find: 

  • Certificate of Analysis: A lab document that contains info on the date and time the D8 has been extracted, together with batch ID, percentage of Delta-8 and Delta-9 THC (less than 0.3%) that proves the legality of each D8 product. 
  • Terpene Reports: Some of our items, like the Stormy Daniels Flower Pre Rolls contain added strain-specific terpenes for a more intense flavor. These terpenes aren’t “fake” but derived from that particular hemp strain. On the pre-roll product page, you can see the terp reports. 
  • Ingredients List: We list everything the product contains, including allergens or stuff that aren’t vegan-friendly. 
  • Customer Reviews: Hundreds of positive reviews from happy customers that prove the safety of our products. 

Why is this important? Because Delta-8 THC is a new cannabinoid on the block. Many retailers are in it to make quick cash without giving a second thought to the quality of their products. Mr. Hemp Flower was, is, and will be here to offer cannabinoids that are natural, safe for your body, and represent hemp’s healing power. 

Here’s a list of some of the most fire D8 products that we offer:    

D8 Gummies – Vegan – 10 mg, 20mg, 50mg

Delta 8 Flower – Elektra

CBD Hash with D8

Sour Candy D8 THC Oil Hemp Flower

Continued, Is Delta-8 Legal in Illinois? 

Yes, Delta-8 THC is legal in Illinois. 

Like other states, Illinois legalized the hemp plant and any part of that plant, whether growing or not, with a Delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. The state makes a clear distinction between hemp and marijuana and excludes hemp and its products from the controlled substances list. 

As of this writing (11/05/2021), Illinois hasn’t issued an explicit ban on D8 but is one of the states looking to regulate the compound. Legal D8 is sold all over the state, so make sure to buy from licensed producers that test their products. The state doesn’t have any age restrictions on hemp-derived products, but many retailers require consumers to be at least 21 years of age. 

Delta-8 THC and Federal Law 

What’s the deal with Delta-8 and federal law? 

The passage of the 2018 Farm Bill legalized hemp and all its derivatives and cannabinoids, including organically extracted Delta-8 THC. This means that naturally present D8 in the hemp plant is legal under federal law. 

But because it occurs in tiny amounts (less than 0.1%), extractors would need an unreasonable amount of plant material to get a reasonable concentration of extract. That’s why they now create D8 by converting hemp-derived CBD into this mildly psychoactive cannabinoid. 

This method is called isomerization and is the reason why conversion of CBD into D8 may be considered illegal. Namely, the process of chemically altering one compound into a tetrahydrocannabinol may be regarded as a process of creating “synthetically derived” tetrahydrocannabinol. In 2020, the Drug Enforcement Agency issued an Interim Rule that stated: “all synthetically derived tetrahydrocannabinols remain Schedule I Controlled Substances.” 

Synthetically derived tetrahydrocannabinols got banned with the 1986 Federal Analogue Act (FAA). This ban was a response to the spread of harmful synthetic tetrahydrocannabinols like Spice and K2. But compared to D8, these chemicals are lab-made, without the use of cannabis material in the first place. Delta-8 is a real tetrahydrocannabinol, in this case, made using hemp-derived CBD. States like Florida have recognized this and legalized D8 products under their hemp regulatory framework. 

One of the pressing issues of the hemp industry is the FDA’s approval of CBD products. The FDA hasn’t green-lighted the sale of hemp CBD in food, beverages, and dietary supplements. Delta-8 products also aren’t pre-market approved by the FDA. Currently, retailers sell hemp-derived products under state laws and respect the requirement not to market them under medical claims. 

Bottom line

Illinois is looking to regulate Delta-8 THC like it has hemp CBD and recreational marijuana. For now, the state hasn’t explicitly banned the sale, use, and possession of D8. Illinoisans can find a wide range of D8 products both in brick-and-mortar stores and online retailers. 

Delta 8 Illinois

Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 THC Gummies

All Delta 9 Products


Yes, D8 is still legal to buy in Illinois. Unlike other states, the Land of Lincoln hasn’t banned the use and possession of D8.

From local bakery shops to licensed CBD shops, you can buy D8 in many places in Illinois. Most people prefer buying online because it’s safe and discreet.

You absolutely can! Illinoisans order a wide range of tested, quality D8 online safely and discreetly.

No, 14 states banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

The biggest threat with D8 comes from untested products. Always make sure you buy from a reliable supplier.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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