Illinois Lawmakers Send Sweeping Marijuana and Hemp Bill to Governor

Illinois lawmakers have sent Governor JB Pritzker a sweeping marijuana and hemp bill that would double the state’s legal possession limits, expand medical marijuana access, create a new regulatory system for hemp products and impose strict new limits on intoxicating hemp-derived cannabinoids.

Senate Bill 3222, which cleared the Senate 58 to 0 in May before being amended and passed by the House 77 to 31 on Sunday, received final Senate concurrence today in a 47 to 10 vote. The measure now heads to Pritzker for consideration.

The bill is broad, but one of its most significant provisions is the creation of the Illinois Hemp Act, a new regulatory framework that would replace the state’s existing Industrial Hemp Act on November 12, 2026.

Under the proposal, hemp-derived products could only be sold in Illinois if they qualify as either an industrial hemp product or a “final consumer hemp cannabinoid product.” To meet that definition, a consumable or topical hemp product could not contain synthetic cannabinoids, cannabinoids that cannot be naturally produced by the Cannabis sativa L. plant, or naturally occurring cannabinoids that were synthesized or manufactured outside the plant.

The measure would also impose a strict potency cap on final consumer hemp products: no more than 0.4 milligrams of total THC per container. That total would include THCA and other cannabinoids with effects similar to THC, or those marketed as having similar effects.

In practical terms, the provision would likely remove most intoxicating hemp products from gas stations, convenience stores and smoke shops, while leaving room for nonintoxicating CBD products and other compliant hemp goods that meet the state’s testing, packaging and labeling rules.

The bill would prohibit final consumer hemp products from containing alcohol, tobacco or nicotine. It would also ban hemp products intended to be smoked or vaped, as well as products that meet the definition of an electronic cigarette. Hemp products could not be added to food or drinks at the point of sale, meaning infused products would have to be prepackaged before reaching consumers.

Manufacturers of hemp-derived cannabinoid products would need a license from the Illinois Department of Agriculture, with separate licenses required for separate facilities. Hemp product manufacturer licenses would be valid for two years and carry a $5,000 fee, though public institutions of higher education would have the fee waived.

Facilities would have to comply with food safety laws, operate under the supervision of a certified food service sanitation manager and receive approval for extraction methods. Extraction sites would also be subject to engineering and safety requirements tied to fire, building and equipment standards.

The bill would require hemp products to undergo testing before being sold, with certificates of analysis made available to regulators, retailers and consumers through a scannable code or link on the label. Labels would need to list the product name, weight or volume, ingredients, cannabinoid content, serving count, batch or lot number, manufacturer or distributor information, expiration date and a link to the certificate of analysis.

Packaging would need to be sealed and child-resistant. Labels and packaging could not include cartoons, fruit, toys, animals, children or other images likely to appeal to minors. Products also could not copy the trade dress or packaging of candy, beverages or other products primarily marketed to children, make health claims, promote excessive consumption or falsely present the product as a marijuana product.

The Department of Agriculture would be allowed to inspect locations where hemp products are sold, stored or distributed. Violations could result in fines of up to $500 for a first violation within 24 months, $750 for a second violation and $1,000 for a third or subsequent violation. The department could also issue cease-and-desist orders, order mandatory recalls and seek court orders to destroy noncompliant products.

The bill would create the Illinois Hemp Regulatory Fund, funded through fees and fines, to pay for enforcement and administration. Local governments would be barred from adopting hemp rules that are less restrictive than state law, though the measure would not stop them from adopting stricter rules.

Beyond hemp, SB 3222 would make several notable changes to Illinois’ legal marijuana law.

The measure would double the state’s legal possession limits for adults 21 and older. Illinois residents would be allowed to possess up to 60 grams of marijuana flower, 10 grams of marijuana concentrate and 1,000 milligrams of THC in marijuana-infused products. Current limits are 30 grams of flower, 5 grams of concentrate and 500 milligrams of THC.

For nonresidents, the possession limit would increase to 30 grams of flower, 5 grams of concentrate and 500 milligrams of THC in infused products. The bill would also allow registered medical marijuana patients to possess marijuana produced from homegrown plants, though any amount above 60 grams would have to remain secured at the residence or residential property where it was grown.

The legislation would also create a path for adult-use dispensaries to obtain medical marijuana dispensing licenses. Beginning 90 days after the effective date, the Department of Financial and Professional Regulation could issue a medical dispensing organization license to an entity that already holds an adult-use dispensing license. The medical license would have to be issued to the same entity and at the same address as the adult-use license.

Applicants would pay a one-time, nonrefundable $5,000 fee and certify compliance with the Compassionate Use of Medical Cannabis Program Act. A dispensary holding both licenses at one location would count as a single dispensing organization, and the two licenses could not be separated by relocation or ownership changes.

That provision could expand access for patients by allowing more existing adult-use dispensaries to serve medical marijuana patients, provided they meet the state’s requirements.

The bill would also allow dispensaries to offer pickup or drive-through locations for marijuana, concentrates and infused products. It would make clear that marijuana lawfully purchased from a licensed dispensary does not have to be inaccessible in a vehicle if it is transported in a secured, sealed, odor-proof, child-resistant container in its original packaging.

The legislation would require warning labels for medical marijuana products before they are dispensed to registered patients, provisional patients, caregivers or Opioid Alternative Patient Program participants. The label would have to be clearly visible and targeted to medical patients, while avoiding interference with other required labeling.

SB 3222 would also eliminate the scheduled repeal of the Community College Cannabis Vocational Training Pilot Program, effectively keeping that program in place rather than allowing it to expire.

The measure would make tax-related changes as well, including repealing certain cultivator and craft grower tax provisions and updating how medical marijuana cultivation taxes are applied. It would also make changes to the Cannabis Regulation and Tax Act involving licensing, laboratory testing, confidentiality, operational requirements, social equity loans and grants, and enforcement authority.

If signed into law, most of the bill would take effect immediately. However, the new Illinois Hemp Act and the repeal of the existing Industrial Hemp Act would take effect November 12, 2026, giving regulators and businesses several months to prepare for the new system.