The Illinois Department of Agriculture has implemented significant amendments to the hemp regulations under the Industrial Hemp Act, 505 ILCS 89. These rule changes redefine how hemp is cultivated, processed, and regulated in Illinois, marking a critical shift in the delineation between hemp and cannabis in the state, but the rules only apply to cultivators and processors licensed or registered by the Department of Agriculture. This blog post explores the key updates to Illinois hemp law, their implications, and answers frequently asked questions (FAQs).
Newly Defined Terms in Illinois Hemp Regulations
One of the cornerstone updates is the redefinition and clarification of critical terms, including “hemp,” “cannabis,” and “total THC.” Here are the most notable changes:
- Hemp: means the plant species 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 total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Ill. Admin. Code § 1200.10 (2025).
- Cannabis Plant: means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. The term “cannabis plant”, for purposes of this Part, refers to any form of the plant in which the total delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined. Id.
- Total THC: Includes both delta-9 THC and THCA (tetrahydrocannabinolic acid) when converted through decarboxylation. This approach ensures a more comprehensive assessment of THC levels. Id.
Rulemaking Authority: Section 15 of the Industrial Hemp Act
The updated rules are promulgated under Section 15 of the Industrial Hemp Act, which grants the Department of Agriculture authority to regulate hemp cultivation, processing, testing, and compliance. This section underscores the importance of rigorous oversight to align Illinois with federal standards established by the 2018 Farm Bill, and future amendments. 505 ILCS 89/15.
Key Changes to Illinois Hemp Regulations
1. Expanded Testing Requirements
Testing now includes both pre-harvest and post-harvest sampling to verify compliance with the 0.3% THC threshold. Official sampling agents must adhere to USDA guidelines, ensuring a confidence level of 95% that no more than 1% of the plants exceed acceptable THC levels. 8 Ill. Admin. Code § 1200.50.
2. Processor Registration and Zoning Restrictions
Hemp processor registrations may no longer be issued to locations zoned as residential or used for residential purposes, even if located on non-residential property. This ensures that industrial activities are confined to appropriate zones. Id. § 1200.30(i).
3. License Validity and Renewal
Licenses for cultivation and processing are now valid for up to three years, with scaled fees based on license duration. This streamlines the administrative process while maintaining compliance. Id. § 1200.30(d).
4. Microgreens Exemption
Hemp microgreens—seedlings grown for human consumption and harvested before flowering—are exempt from standard THC testing due to their low cannabinoid levels. However, growers must ensure compliance with seed sourcing standards. Id. § 1200.50(i).
5. Remediation Options
Non-compliant hemp crops may be remediated through shredding into biomass or separating non-compliant flowers from stalks and seeds. Successfully remediated products must undergo retesting before entering the market. Id. § 1200.50(j).
6. Enhanced Recordkeeping Requirements
Licensees must maintain comprehensive records for at least three years, covering harvest reports, testing results, transportation logs, and disposal documentation. These records may be subject to audits. Id. § 1200.40(l).
Frequently Asked Questions (FAQs)
Is THCA flower still considered hemp?
No, the updated rules calculate total THC, which includes THCA after decarboxylation. If the total THC exceeds 0.3% on a dry weight basis, the product is not considered hemp. Id. § 1200.10.
Is CBD legal in Illinois?
Yes, it has been since 2019 when the Illinois Hemp Law became law after the 2018 Farm Bill. The point of the law was to allow for what is called type III cannabis cultivars to be cultivated because they contain a 20-1 ratio of CBD to THC to allow for a high level of cannabinoids to be grown, but without the risk of becoming high from it as it would have only 0.3% THC.
Is Illinois a total THC state?
Yes, Illinois uses the total THC standard, accounting for both delta-9 THC and THCA to determine compliance. Id. § 1200.10.
Can I get a hemp processor license at my residence?
No, processor registrations are prohibited for residentially zoned properties or properties used for residential purposes. Id. § 1200.30(i).
What happens if my crop tests above 0.3% THC?
If a crop exceeds the acceptable THC level but is below 0.7%, it may be eligible for remediation. If remediation fails or the THC exceeds 0.7%, the crop must be destroyed. Id. § 1200.50(j).
Are academic research institutions subject to these rules?
Academic research institutions conducting hemp studies are partially exempt from testing and certain fees. However, their hemp cannot enter the commercial market. Id. § 1200.55.
Implications for Growers and Processors
These updates aim to:
- Strengthen compliance with federal and state laws.
- Enhance product safety and traceability.
- Differentiate between hemp and cannabis more clearly to prevent regulatory conflicts.
Growers and processors must align their operations with these new standards, particularly in testing, recordkeeping, and zoning compliance. This does not mean that lay people have to follow it because the rules only apply to license holders, but it does mean that if you see any THCA flower out there posing as hemp – you know it was not grown in Illinois.
Conclusion
The updated Illinois hemp rules reflect a concerted effort to create a robust regulatory framework that protects both consumers and industry stakeholders. By embracing these changes, Illinois aims to foster a compliant and thriving hemp industry while maintaining a clear boundary with cannabis.
For more information, visit the Illinois Department of Agriculture’s Industrial Hemp Program page, review the Illinois Administrative Code Title 8, Part 1200, or consult the full text of the amended rules.
