Illinois’ governor and lieutenant governor, along with a U.S. senator who represents the state, released a policy agenda this week calling on Congress to allow the planned federal recriminalization of THC-laced hemp products to take effect without further delay.
Gov. JB Pritzker (Democrat), Lt. Gov. Juliana Stratton (Dem) and Sen. Tammy Duckworth (Democrat-IL) on Wednesday released “Fighting for Illinois: Day One Agenda,” a document that contains about 200 policy proposals for Congress following this week’s midterm elections that gave Democrats a majority in both chambers.
An interesting proposal for the cannabis industry is to “let the federal ban on intoxicating hemp take effect.”
“Children may purchase unlicensed and untested hemp intoxicants at gas stations, convenience stores, and smoke shops; children and adults in Illinois have overdosed or been sent to emergency rooms,” the document states. “Continued sales also harmed Illinois’ licensed cannabis businesses and social equity businesses at the heart of its cannabis industry.”
Hemp derivatives containing less than 0.3% delta-9 THC on a dry weight basis were federally legalized as part of the 2018 Farm Bill that President Donald Trump signed during his first term. But late last year, the president signed new legislation containing provisions redefining hemp so that only products containing 0.4 milligrams of total THC per container would remain legal after November 12.
However, now, under provisions included in a funding bill signed by Trump in September, the effective date of the ban for most products is pushed back to Dec. 11 to give lawmakers more time to develop regulations on hemp derivatives. However, there is an exclusion to allow the recriminalization, on November 12, of synthetic cannabinoids “which are not capable of being produced naturally by a Cannabis sativa L.” plant.
In Illinois, Pritzker signed an omnibus cannabis reform bill in June that contains provisions to recriminalize hemp-based THC products containing more than 0.4 milligrams of THC per container under state law, consistent with the federal ban.
“Instead of letting an ambiguous marketplace continue to put people at risk, Illinois is taking action to protect consumers of all ages, especially children, from misleading packaging and labeling,” Pritzker said in a press release at the time. “This landmark legislation closes the intoxicating hemp loophole while strengthening equity and oversight and expanding access to medical care. Illinois is committed to cultivating a cannabis industry that benefits diverse businesses across the state and prioritizes accessibility, and I am proud to sign this measure into law.”
The new plan released by the governor and Stratton, who was just elected to the U.S. Senate with Duckworth, says Congress should “oppose any further delays and amendments.”
“Let’s let the ban go into effect and not further regulate or legalize intoxicating hemp,” he says.
Duckworth, for his part, effectively voted to delay the originally planned ban by supporting a motion to file an amendment in August to remove provisions from a funding bill that pushed back the effective date.
Sen. Dick Durbin (D-IL), who is leaving the seat Stratton was just elected to, voted against tabling Sen. Ted Budd’s (R-NC) prohibitionist amendment.
Politico recently reported that alcohol industry lobbyists have pushed top state law enforcement officials to pressure Congress to support continued federal recriminalization of hemp and THC products.
The outlet said it obtained a “collection of emails” in which lobbyists for major alcohol companies such as Anheuser-Busch, Molson Coors and Diageo urged state attorneys general to sign a letter asking Congress not to roll back the planned ban on hemp products.
Meanwhile, in Illinois, the sweeping cannabis reform bill that Pritzker signed earlier this year also contains provisions to double the amount of marijuana adults can legally possess, allow drive-thru and curbside pickup at dispensaries, and allow medical cannabis certifications to be issued via telehealth, among other reforms.
In August, Illinois officials separately added sickle cell disease and polyendocrine ovarian metabolic syndrome (PMS) with chronic pain as new eligibility conditions for medical cannabis.
In September, a lawmaker introduced a bill to create a new Illinois Freedom Program “for the purpose of making direct cash payments to eligible individuals who have been disproportionately impacted by historic cannabis enforcement.”
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