Cannabis &
Delta THC
Cannabis & THC FAQs
Growers
Q: What is a cannabis grower?
A: A cannabis grower is an individual or entity responsible for cultivating cannabis plants. They oversee the entire growth process, from seed to harvest, ensuring the plants receive proper nutrients, water, and light.
Q: How can one become a licensed cannabis grower in Illinois?
A: To become a licensed cannabis grower in Illinois, one must apply through the Illinois Department of Financial and Professional Regulation (IDFPR) and meet specific requirements, including background checks, financial checks, and adherence to state regulations.
Q: Are there any restrictions on where cannabis can be grown in Illinois?
A: Yes, cannabis cultivation in Illinois is restricted to specific zones, and growers must ensure they adhere to local zoning laws and regulations.
Dispensers
Q: What is a cannabis dispenser?
A: A cannabis dispenser, often referred to as a dispensary, is a licensed establishment where patients and consumers can purchase cannabis and cannabis-related products.
Q: How can one obtain a dispensary license in Illinois?
A: To obtain a dispensary license in Illinois, one must apply through the IDFPR, meet specific requirements, and undergo background and financial checks.
Q: Can anyone purchase cannabis from a dispensary in Illinois?
A: No, only individuals with a valid medical marijuana card or those above the age of 21 can purchase cannabis from dispensaries in Illinois.
Infusers
Q: What is a cannabis infuser?
A: A cannabis infuser is an individual or entity that produces cannabis-infused products, such as edibles, tinctures, and topicals.
Q: How can one become a licensed infuser in Illinois?
A: To become a licensed infuser in Illinois, one must apply through the IDFPR and meet specific requirements, including background checks and adherence to state regulations.
Cultivation Centers
Q: What is a cultivation center?
A: A cultivation center is a licensed facility where cannabis is grown, harvested, and prepared for sale to dispensaries, infusers, and other licensed
entities.
Q: How can one obtain a license for a cultivation center in Illinois?
A: To obtain a license for a cultivation center in Illinois, one must apply through the IDFPR, meet specific requirements, and undergo background and financial checks.
Craft Cannabis
Q: What is craft cannabis?
A: Craft cannabis refers to small-batch, artisanal cannabis cultivation, often emphasizing quality, sustainability, and unique strains.
Q: How does craft cannabis differ from commercial cannabis?
A: Craft cannabis is typically grown on a smaller scale, with a focus on quality and unique strains, while commercial cannabis is produced on a larger scale, often prioritizing quantity.
Medical Marijuana
Q: What is medical marijuana?
A: Medical marijuana refers to the use of cannabis to treat specific medical conditions, as prescribed by a licensed physician.
Q: How can one obtain medical marijuana in Illinois?
A: To obtain medical marijuana in Illinois, a patient must have a qualifying medical condition, obtain a recommendation from a licensed physician, and apply for a medical marijuana card through the Illinois Department of Public Health.
Q: Are there any restrictions on the use of medical marijuana in Illinois?
A: Yes, medical marijuana patients in Illinois must adhere to specific dosage and possession limits and are prohibited from using cannabis in public places or while driving.
Delta THC
Q: What is Delta-9 THC?
A: Delta-9 tetrahydrocannabinol, also known as Δ9 tetrahydrocannabinol (Δ9 THC), D9, delta 9, or delta-9 THC, is one of the many cannabinoids found in the cannabis plant and is the most common naturally-occurring intoxicating cannabinoid molecule. When consumed in sufficient amounts, it produces psychoactive effects, commonly referred to as a “high”. Marijuana contains a significant amount of naturally occurring delta-9 THC, leading many to use it recreationally.
Q: How is Delta-9 THC consumed?
A: People consume delta-9 THC in various ways, including smoking marijuana or hemp flowers, edibles, vaping, and topical solutions. There's also a growing trend of THC-rich CBD products that maximize the entourage effect, providing substantial wellness benefits.
Q: What are the effects of Delta-9 THC?
A: Delta-9 THC causes "high" feelings, which can vary from person to person and strain to strain. Some might experience feelings of paranoia, while others might feel intense euphoria. Most negative mental effects are generally associated with new users.
Q: How does Delta-9 THC differ from Delta-8 and Delta-10 THC?
A: Delta-8 THC, delta-9 THC, and delta-10 THC are all naturally occurring compounds found within cannabis Sativa plants. Delta-9 THC has the strongest psychoactive effects, while delta-8 THC is slightly weaker, and delta-10 is even weaker. These compounds have similar structural makeup but produce slightly different effects on the body.
Q: Is Delta-9 THC the same as Cannabis?
A: While delta-9 THC is found within cannabis, it is not synonymous with cannabis. Cannabis refers to the entire family of plants that includes both hemp and marijuana. The term "cannabis" was often used to refer to the smoking of marijuana to benefit from the effects of delta-9 THC. However, all hemp-derived and marijuana-derived products are types of cannabis products.
Q: What are the top Delta-9 THC products?
A: Some of the top brands carrying delta-9 THC products include iDELTA8, known for its delta-9 THC gummies, and Koi CBD, which offers gummies made with CBD and D9 THC blended in a 2:1 ratio.
Sources:
https://cannabis.illinois.gov;
https://cannabis.illinois.gov/media/reports-and-public-presentations.html;
https://idfpr.illinois.gov/profs/adultusecan.html;
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2731700/
https://www.chicago.gov/city/en/sites/cannabis-information-center/home.html;
https://www.politico.com/news/2021/01/24/illinois-marijuana-industry-diversity-461476;
Illinois Regulation of Cannabis & THC
Illinois Cannabis Legislation and Regulations Overview
Illinois has been at the forefront of cannabis legalization in the United States, with comprehensive legislation and regulations governing both medical and adult-use cannabis. Here's a brief overview of the state's approach to the cannabis industry:
Cannabis Tax Allocation: Illinois has a structured system for the allocation of cannabis tax revenues. The state ensures transparency in how these funds are utilized, benefiting various sectors and initiatives.
Licensing and Registration: The state provides a platform for individuals to register as patients or caregivers, allowing them to access medical cannabis. Additionally, businesses can search and apply for licenses for dispensaries, cultivation centers, craft grows, infusers, and transporters.
Social Equity Initiatives: Recognizing the historical disparities in cannabis-related arrests and convictions, Illinois has introduced the Social Equity Criteria License Lottery. This initiative aims to provide opportunities for individuals from disproportionately impacted areas to participate in the cannabis industry. The Pritzker Administration announced the results of this lottery in July 2023, awarding 55 conditional adult-use cannabis dispensing organization licenses.
Dispensary Operations: Illinois has licensed 55 dispensaries for medical cannabis sales and over 100 dispensaries for adult-use cannabis sales. Medical cannabis patients and their caregivers can use their cannabis cards at any medical dispensary. Meanwhile, adults aged 21 and older with valid identification can purchase cannabis at any licensed dispensary in the state.
Continuous Updates and Communication: The Illinois Department of Financial and Professional Regulation (IDFPR) ensures regular communication with stakeholders through platforms like the IDFPR Cannabis Quarterly Newsletter. The state also conducts studies, like the Cannabis Disparity and Availability Study, to assess the industry's landscape and make informed decisions.
Employee Diversity Survey: Emphasizing the importance of diversity in the cannabis industry, the state has launched an annual Diversity Survey for Employees working in cannabis businesses. This initiative aims to gather insights into the workforce's composition and promote inclusivity.
Curbside Pickup: Adapting to changing consumer preferences and ensuring safety, Illinois has introduced and extended the provision for curbside pickup at cannabis dispensaries.
Medical and Adult-Use Dispensary Map: To facilitate easy access for consumers, Illinois provides a comprehensive map detailing the locations of medical and adult-use dispensaries, along with the types of sales they are licensed to perform.
Recent Legislative Attempts in Illinois Cannabis Industry
Recent legislative attempts in Illinois have focused on refining the state's approach to the cannabis industry, particularly in the areas of regulation, social equity, and the controversial delta-8 THC.
Cannabis Regulatory Reform Bill: A significant cannabis reform bill, Senate Bill 1559, was introduced but did not pass during the spring legislative session. One of the primary reasons for its failure was disagreements surrounding delta-8 THC, a synthetic psychoactive substance derived from hemp-derived CBD. While some stakeholders, including Rep. La Shawn Ford, advocated for its regulation, others pushed for a complete ban on the substance. Delta-8 THC has been a point of contention due to its accessibility in both licensed dispensaries and convenience stores, despite its psychoactive properties and associated health concerns. The bill's failure means that further consideration will be deferred until at least the General Assembly's fall veto session1.
Responsible Business Pledge: In the wake of the stalled cannabis reform bill, lawmakers and industry stakeholders have come together to advocate for a "Responsible Business Pledge." This initiative calls upon companies involved in the production or sale of delta hemp products to voluntarily implement safety measures while comprehensive consumer protection legislation is being drafted.
Social Equity in the Cannabis Industry: Illinois has made efforts to level the playing field in the cannabis industry, particularly for entrepreneurs from disadvantaged backgrounds. Over two dozen operators have won social equity dispensary licenses since the previous November. However, these licenses have faced delays due to administrative issues and lawsuits targeting the state's licensing system. Despite the issuance of new dispensary licenses, challenges remain. Entrepreneurs with marijuana-related criminal histories continue to face legal barriers, and regulations on independent pot growers and truckers have caused supply bottlenecks. Additionally, financial challenges, such as high interest rates and fundraising restrictions, have placed added burdens on operators.
Revenue & Licensing Trends:
Number of Pot Shops: There are currently 173 pot shops in Illinois, up from 113 a year ago. The state anticipates having 190 open by the end of the year.
Tax Revenue: The legal marijuana business provided $452 million in tax revenue to the state in the fiscal year ended June 30.
Sales Growth: Through October, recreational marijuana sales statewide were up 5% from a year earlier to $1.3 billion, compared with 14% growth during the same period in 2022.
Social Equity Applicants: In 2022, there were zero social-equity applicants open up to 59 by the end of 2023.
Craft Growers Operational: By the end of 2023, 11 craft growers have opened and 16 more are under construction.
These recent legislative attempts highlight Illinois' ongoing commitment to refining its cannabis industry regulations, ensuring consumer safety, and promoting social equity. However, the challenges faced, particularly surrounding delta-8 THC and achieving true social equity, indicate that there is still much work to be done.
Sources:
New Cannabis & THC Legislation Reviewed
In the final weeks of the 2023 spring legislative session and just a couple weeks before the fall legislative session, one of the main legislative sponsors of cannabis and THC legislation proposed comprehensive hemp reforms: House Amendment 1 to Senate Bill 1559 and House Bill 4161, respectively.
Comparison of the legislative proposals provide insights into the direction negotiations may be headed and future regulation may occur. Of note, both legislative proposals have similar provisions regarding hemp, including its definitions, requirements, cultivation, transportation, and violations.
**Senate Bill 1559, House Amendment 1 & House Bill 4161 Common Provisions**
Definitions:
Hemp: Cannabis sativa L. that has a THC concentration of not more than 0.3% on a dry weight basis.
Cultivating: The planting, watering, growing, and harvesting of hemp.
Allows for the cultivation of hemp by institutions of higher education or the Department of Agriculture for certain purposes.
Processing: Converting hemp into a marketable form.
Handling: Possessing or storing hemp for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. Also includes the possession or storage of hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process hemp to the premises of another licensed person.
Agricultural Hemp Seed: Hemp seed that is grown, conditioned, or sold for the purpose of cultivation; or is introduced into commerce for cultivation purposes.
Usable Hemp: The seeds, leaves, and floral parts of a hemp plant that have been harvested, dried, and cured, before the plant is processed, while excluding any part of the hemp plant that is excluded from the definition of hemp.
Licensing:
A person must be licensed to cultivate, handle, or process hemp.
The Department of Agriculture shall establish rules for the licensing of hemp cultivators and processors.
The Department may establish a fee for licensing.
The Department may establish a pilot program to study the growth, cultivation, and marketing of hemp.
Requirements:
Hemp must be tested for THC levels.
Hemp that tests higher than 0.3% THC must be destroyed.
The Department of Agriculture may conduct inspections to ensure compliance.
Violations:
A person who negligently violates the Act shall not be subject to any criminal or civil enforcement action by the State or any political subdivision of the State other than the written violation.