Illinois Gov. JB Pritzker calls for crackdown on delta-8

Gov. JB Pritzker on Friday picked a side in Illinois’ long-running debate over how to regulate delta-8 and other hemp-derived products, throwing his support behind a bill that would effectively ban most sales of the weedlike substances that have soared in popularity thanks to a loophole in federal law.

Pritzker called it a matter of protecting children, despite vehement opposition from hemp industry advocates who say state Sen. Kimberly Lightford’s bill would wipe out thousands of jobs and criminalize nonintoxicating CBD products at the benefit of billion-dollar cannabis corporations.

“As this market has flourished, there have been far too many stories of people, especially children, ingesting intoxicating hemp products and getting sick,” Pritzker said during a West Loop news conference. He held up bags labeled “Nerdy Bears,” an example of the unregulated psychoactive gummies that are packaged to resemble familiar candy brands.

The bill sponsored by Lightford, a Hillside Democrat, would limit sales of most hemp-derived products to licensed cannabis dispensaries — except for hemp-based beverages, which could also be sold by licensed alcohol sellers and distributors.

But pending a lengthy evaluation period to set consumer safety and licensing standards, most of the hemp product merchants who have proliferated in an estimated $800 million industry would be cut out completely.

Pritzker, who championed weed legalization when he took office, has long called for regulations on hemp products, as have leaders of both the cannabis and hemp lobbies.

The governor said Lightford’s approach was better than alternatives offered by hemp industry leaders who welcome stringent licensing requirements that would let them stay in business.

“I understand that there are a lot of stores that are selling these products that would not be able to sell these products,” Pritzker said. “But typically, they’re not stores that are dedicated to this product. There are a few, but mostly these are convenience stores, gas stations. They’ve got other products that they sell. They wouldn’t go out of business not selling this one.”

Lightford’s bill passed the Illinois Senate on a 54-1 vote in the spring, but never made it to the statehouse floor. It’ll require a three-fifths House majority to pass it by the end of the lame duck session Jan. 7.

West Side state Rep. La Shawn Ford, D-Chicago, will be fighting it. He’s pushing to limit sales to people 21 or older, require manufacturers to undergo product testing to obtain $500 licenses, impose a 10% tax rate on sellers and — most importantly — allow current sellers to stay in the market.

“To think we’re going to turn back the hands of time for a prohibition when we thought we learned from the prohibition of cannabis — that’s what’s most disappointing,” Ford said. “With synthetic drugs being spewed in communities, when you drive it to the underground market, it makes it more dangerous for people, and that was the main reason we regulated cannabis.”

The hemp-based brouhaha centers around delta-8, the mind-altering substance that can be derived from the plant, which federal lawmakers didn’t account for when they legalized sales of hemp derivatives in 2018.

Other derivatives like CBD are used in a wide array of lotions, oils, shampoo and more popular wellness products that don’t have psychoactive effects.

Lightford said her bill “protects consumers, helps our cannabis industry flourish, keeps the promise to our social equity communities and doesn’t stifle reputable hemp business establishments.”

But Jennifer Weiss said she’s terrified the proposed legislation would drive her out of business at Cubbington’s Cabinet, her Victorian-inspired apothecary in the Roscoe Village neighborhood.

“Almost every single thing that I sell, due to the various components of the bill, would be banned,” said Weiss, who added that she opened the shop in 2020 specifically because of the lack of regulations around hemp products. “I wanted to provide a trustworthy source of these products. We’ve been pushing for thoughtful regulation.”

Charles Wu, CEO of Chi’Tiva locations and director of the Illinois Hemp Business Association, estimated 10,000 people would be put out of work from the hemp product industry if Lightford’s bill becomes law. He called it “an unjust and cynical attempt to protect the handful of billionaires who own most of the licensed cannabis industry.”

“It’s like a Coke vs. Pepsi situation, and Coke gets to make all the rules, which is not cool,” Wu said. “We’re not the bad guys. We’re not like the out-of-staters who are shipping in this [lookalike packaging] crap that the cannabis side tries to paint us as. We have been willing and asking for much more strict, limiting licensing.”

Tiffany Chappell Ingram, director of the Cannabis Business Association of Illinois, said in a statement that “we look forward to working collaboratively to put in place a measure that will empower consumers, protect public health and help ensure our state’s legal cannabis industry can reach its full potential.”