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SB 3919

REGULATING HEMP

104th Regular Session Introduced by Kimberly Lightford

Illinois updates to regulate hemp for human consumption, align with federal law, impose testing/labeling/age restrictions, ban synthetic hemp, and create an enforcement fund.

Rule 3-9(a) / Re-referred to Assignments
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WeVote Research Nonpartisan
Bill Summary · SB 3919

Overview

  • Bill: SB3919
  • Session/Jurisdiction: Illinois, 104th General Assembly
  • Prime sponsor: Sen. Kimberly A. Lightford
  • Introduced: February 6, 2026
  • Subject: Regulating hemp, aligning Illinois hemp/industrial hemp law with federal framework, and clarifying cannabis definitions under the Cannabis Regulation and Tax Act and the Industrial Hemp Act

Main purpose and intent

  • To distinguish more clearly between cannabis and hemp products, particularly for human consumption, by conforming Illinois law to federal definitions.
  • To regulate hemp-derived products intended for human consumption (with testing, labeling, packaging, and age restrictions) and to prohibit synthetic hemp products.
  • To ensure a regulatory framework for hemp and hemp-derived products that aligns with federal law, while preserving existing Cannabis Regulation and Tax Act (CRTA) provisions for cannabis.

Key provisions and changes

  • Definitions and scope

    • Amends the Cannabis Regulation and Tax Act (CRTA) to explicitly state that “cannabis” does not include hemp, industrial hemp, or Illinois hemp for human consumption as defined under the Industrial Hemp Act, but includes intoxicating hemp.
    • Amends the Industrial Hemp Act to conform definitions to federal law and adds new terms:
    • Illinois hemp for human consumption
    • Intoxicating hemp
    • Synthetic hemp product
    • Directs the Department of Agriculture (IDA) to adopt rules conforming to federal law and to regulate hemp products intended for human consumption with testing, labeling, child-resistant packaging, and restrictions on branding attractive to children.

  • Regulation and sales restrictions

    • Prohibits sale, delivery, or furnishing of hemp products intended for human consumption to anyone under 21.
    • Prohibits manufacture, distribution, sale, or furnishing of synthetic hemp products.
    • Establishes civil penalties for violations, with penalties deposited into the Industrial Hemp Regulatory Fund.

  • Testing, labeling, and packaging

    • Requires testing of hemp-derived cannabinoids and Illinois hemp for human consumption.
    • Requires labeling for hemp-derived cannabinoid products and Illinois hemp for human consumption.
    • Requires child-resistant packaging and bans branding attractive to children for hemp products intended for human consumption.

  • Governance and enforcement

    • Creates an Industrial Hemp Regulatory Fund to receive fees and fines for administration and enforcement.
    • Sets rules and enforcement mechanisms consistent with federal changes (including provisions referencing Public Law 119-37 for 2026).

  • Interaction with existing acts

    • The exception in the CRTA for the Industrial Hemp Act does not apply to synthetic hemp products.
    • Applies civil penalties under the new hemp provisions in addition to any penalties under the CRTA for related violations.

  • Additional administrative and definitional structure

    • The bill includes extensive definitional sections clarifying terms such as “hemp,” “intoxicating hemp,” “Illinois hemp for human consumption,” “synthetic hemp product,” “cannabis,” and various license types and organizational roles (though many definitions pertain to the broader CRTA and IDA regulations).

Who/what would be affected

  • Consumers: Illinois residents, especially those purchasing hemp-derived products for human consumption (age 21+ restrictions apply).
  • Industry participants: Hemp producers, processors, distributors, retailers, and importers operating in Illinois under the Industrial Hemp Act, as well as entities involved in hemp for human consumption.
  • Regulatory agencies: Department of Agriculture (IDA) would implement new rules and oversee hemp production and products; penalties would flow into the Industrial Hemp Regulatory Fund.
  • Law enforcement and legal system: Civil penalties issued for violations, with enforcement aligned to the new hemp framework; potential interaction with Cannabis Regulation and Tax Act enforcement where applicable.

Procedural and timeline aspects

  • The bill would require the IDA to adopt conforming rules to federal law and to establish the hemp production plan with testing, labeling, packaging, and age-restriction requirements.
  • Rules would include testing thresholds for THC levels in hemp-derived products, disposal rules for plant material exceeding lawful THC levels, and potential retesting options for minor violations.
  • Rules also cover compliance with federal changes reflected in Public Law 119-37 (2026).
  • There are specified penalties for violations (civil penalties of $1,000 for certain rule violations and for selling to under-21s or for synthetic hemp products).
  • The action history shows routing through committees with expected deadlines in 2026, indicating this is moving through the legislative process but not yet enacted.

Summary of potential impact

  • Clarifies and tightens distinctions between cannabis and hemp within Illinois law, aligning with federal standards.
  • Creates a dedicated regulatory framework for hemp for human consumption and intoxicating hemp, including testing, labeling, child-resistant packaging, and age restrictions.
  • Prohibits synthetic hemp products and imposes civil penalties for violations.
  • Establishes a new funding stream (Industrial Hemp Regulatory Fund) to support enforcement and administration.
  • Potentially expands regulatory oversight of hemp products and could influence market practices, product safety, and consumer protections for hemp-derived cannabinoids in Illinois.

Compiled from official sources — confirm details with the bill’s official record.

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