104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0001 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer license issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributors and hemp retailers unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act. LRB104 03394 BDA 13416 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0001 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: New Act New Act Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer license issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributors and hemp retailers unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act. LRB104 03394 BDA 13416 b LRB104 03394 BDA 13416 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0001 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer license issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributors and hemp retailers unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act.
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A BILL FOR
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1 AN ACT concerning hemp cannabinoids.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Prevention of Use of Hemp Cannabinoid Products Intended for
6 Human Consumption by Ingestion or Inhalation by Persons Under
7 21 Years of Age Act.
8 Section 5. Definitions. In this Act:
9 "Cannabinoid menu item" means a restaurant-type food that
10 incorporates ready-to-eat cannabinoids included on a menu or
11 menu board or offered as a food on display.
12 "Hemp business establishment" means a hemp retailer or
13 hemp food establishment.
14 "Hemp cannabinoid" means the chemical constituents of hemp
15 plants that are naturally occurring and biologically active.
16 "Hemp cannabinoid product" means a finished product for
17 sale to hemp cannabinoid users at hemp business establishments
18 within the State that contains cannabinoids derived from hemp
19 and is intended for human consumption by inhalation or
20 ingestion.
21 "Hemp cannabinoid user" means a member of the general
22 public who buys or uses hemp and who is protected by laws
23 against unfair or fraudulent practices in the marketplace.
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0001 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Prevention of Use of Hemp Cannabinoid Products Intended for Human Consumption by Ingestion or Inhalation by Persons Under 21 Years of Age Act. Permits the sale and possession of hemp cannabinoids by persons 21 years of age or over. Provides that no person shall offer or sell hemp cannabinoid products to consumers in the State unless the person applies for and holds a hemp retailer license issued by the Department of Financial and Professional Regulation. Provides that no person shall sell ready-to-eat hemp products to end consumers without holding a hemp food establishment license issued by the Department of Public Health. Provides that a hemp food establishment that sells ready-to-eat cannabinoid products shall be exclusively licensed and located in the State. Provides that hemp food establishments and hemp retailers shall require proof of age from a purchaser of any cannabinoid products before selling the product to that person. Provides that the Department of Financial and Professional Regulation shall administer and enforce the provisions of the Act relating to licensing and oversight of hemp distributors and hemp retailers unless otherwise provided in the Act. Establishes standards for the issuance of licenses under the Act. Provides for criminal and civil penalties for violation of the Act.
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A BILL FOR
New Act
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1 "Hemp food establishment" means a facility regulated by
2 the Department of Public Health that incorporates intermediate
3 hemp products in the manufacturing, processing, or preparation
4 of prepackaged or ready-to-eat hemp cannabinoid products for
5 human ingestion and which meets the requirements of this Act.
6 "Hemp retailer" means a retailer operated by an
7 organization or business that is licensed by the Department of
8 Financial and Professional Regulation to sell hemp cannabinoid
9 products to hemp cannabinoid users.
10 "Ingestion" means the process of consuming cannabinoid
11 products through the mouth, whether by swallowing into the
12 gastrointestinal system or through tissue absorption.
13 "Inhalation" means the process of consuming cannabinoid
14 products through the mouth or nasal passage into the
15 respiratory system.
16 "Intermediate hemp products" means products that are made
17 from processed hemp that may only be sold to hemp business
18 establishments to be used as ingredients for other
19 intermediate hemp products or final hemp cannabinoid products
20 for human consumption by ingestion or inhalation.
21 "Intermediate hemp products" include products that contain
22 more than 0.3% THC.
23 "Menu" means the primary writing of the establishment from
24 which a customer makes an order selection, including, but not
25 limited to, breakfast, lunch, and dinner menus, dessert menus,
26 beverage menus, other specialty menus, electronic menus, menu
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1 boards, and menus published on the Internet.
2 "Ready-to-eat hemp cannabinoid product" means a type of
3 hemp cannabinoid product that is available for human
4 consumption, that is subject to time or temperature control,
5 or both, for food safety, that is "ready-to-eat food" as
6 defined in Section 1-201.10 of the Food Code 2017 of the United
7 States Public Health Service of the Food and Drug
8 Administration, that does not exceed 50 milligrams of THC per
9 serving, that utilizes intermediate hemp products as an input,
10 and that is produced as a single serving in a retail food
11 establishment.
12 Section 10. Sale of hemp cannabinoid products.
13 (a) The retail sale of hemp cannabinoids is allowed as
14 provided in this Act.
15 (b) No person shall sell or offer for sale hemp
16 cannabinoid products to consumers in the State unless the
17 person applies for and holds a hemp retailer license issued by
18 the Department of Financial and Professional Regulation. No
19 person shall sell ready-to-eat hemp products to end consumers
20 without holding a hemp food establishment license issued by
21 the Department of Public Health.
22 (c) A hemp food establishment that sells ready-to-eat
23 cannabinoid products shall be exclusively licensed and located
24 in the State.
25 (d) No person shall sell a hemp cannabinoid product to any
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1 person under the age of 21.
2 (e) No person shall sell, buy for, distribute samples of,
3 or furnish any cannabinoid product to any person under the age
4 of 21.
5 (f) No person under 21 years of age in the furtherance or
6 facilitation of obtaining hemp cannabinoid products shall
7 display or use a false or forged identification card or
8 transfer, alter, or deface an identification card.
9 (g) A hemp food establishment or hemp retailer that sells
10 cannabinoid products intended for inhalation shall post a
11 clear and conspicuous sign directly adjacent to the display of
12 the product that states the following: "THE SALE OF
13 CANNABINOID PRODUCTS INTENDED FOR INHALATION TO PERSONS UNDER
14 THE AGE OF 21 IS PROHIBITED. PROOF OF AGE IS REQUIRED FOR
15 PURCHASE.".
16 (h) Cannabinoid products may not be mailed, shipped, or
17 otherwise delivered to a purchaser unless, before the delivery
18 to the purchaser, the hemp retailer obtains confirmation that
19 the purchaser is 21 years of age or older.
20 (i) Hemp food establishments and hemp retailers shall
21 require proof of age from a purchaser of any cannabinoid
22 products before selling the product to that person. Hemp food
23 establishments and hemp retailers shall exercise diligence in
24 the management and supervision of their premises and in the
25 supervision and training of their employees to prevent the
26 underage sale of these products.
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1 (j) A product containing cannabinoids must not be
2 considered adulterated or unsafe solely because the product
3 contains cannabinoids or other material extracted or derived
4 from hemp plants.
5 (k) A person, hemp food establishment, or hemp retailer
6 that violates subsection (e) is guilty of a Class 4 felony. A
7 person under the age of 21 who violates subsection (f) is
8 guilty of a Class A misdemeanor.
9 Section 15. Licensing and regulation of hemp retailers.
10 (a) The Department of Financial and Professional
11 Regulation shall administer and enforce the provisions of this
12 Act relating to licensing and oversight of hemp distributors
13 and hemp retailers unless otherwise provided in this Act.
14 (b) No person shall operate a hemp retail establishment
15 for the purpose of serving purchasers of hemp cannabinoid
16 products without a license issued under this Act by the
17 Department of Financial and Professional Regulation.
18 (c) Subject to the provisions of this Act, the Department
19 of Financial and Professional Regulation may exercise the
20 following powers and duties:
21 (1) prescribe forms to be issued for the
22 administration and enforcement of this Act;
23 (2) examine, inspect, and investigate the premises,
24 operations, and records of hemp retail organization
25 applicants and licensees;
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1 (3) conduct investigations of possible violations of
2 this Act pertaining to hemp retail organizations; and
3 (4) conduct hearings on proceedings to refuse to issue
4 or renew licenses or to revoke, suspend, place on
5 probation, reprimand, or otherwise discipline a license
6 holder under this Act or take other nondisciplinary
7 action.
8 (d) The Department of Financial and Professional
9 Regulation may not limit the number of hemp retailer licenses.
10 (e) The Department of Financial and Professional
11 Regulation may not limit the number of hemp retailer licenses
12 an individual may hold.
13 (f) Applicants for a hemp retail license must submit all
14 information required by the Department of Financial and
15 Professional Regulation. Failure by an applicant to submit all
16 required information may result in the application being
17 disqualified.
18 (g) The Department of Financial and Professional
19 Regulation may verify information contained in each
20 application and accompanying documentation to assess the
21 applicant's veracity and fitness to operate a hemp business
22 establishment.
23 (h) The Department of Financial and Professional
24 Regulation may refuse to issue a license to any applicant who:
25 (1) fails to disclose or states falsely any
26 information called for in the applications;
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1 (2) has been found guilty of a violation of this Act,
2 who has had any disciplinary order entered against it by
3 the Department of Financial and Professional Regulation,
4 who has entered into a disciplinary or nondisciplinary
5 agreement with the Department of Financial and
6 Professional Regulation, or whose hemp business license
7 was suspended, restricted, revoked, or denied in another
8 State; or
9 (3) has engaged in a pattern or practice of unfair or
10 illegal practices, methods, or activities in the conduct
11 of owning a hemp business establishment or other business.
12 (i) The Department of Financial and Professional
13 Regulation shall deny the license if any principal officer,
14 board member, or persons having a financial or voting interest
15 of 5% or greater on the license is delinquent in filing any
16 required tax returns or paying any amounts owed to the State.
17 (j) The Department of Financial and Professional
18 Regulation shall verify an applicant's compliance with the
19 requirements of this Act and rules before issuing a hemp
20 retailer license.
21 Section 20. Operational requirements of hemp retailers.
22 (a) A hemp retailer shall operate in accordance with the
23 representations made in its application and license materials.
24 It shall be in compliance with this Act and rules.
25 (b) A hemp retailer that obtains a hemp food establishment
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1 license may prepare and sell ready-to-eat hemp cannabinoid
2 products.
3 (c) A hemp retailer shall maintain compliance with State
4 and local building, fire, and zoning requirements and
5 regulations.
6 (d) A hemp retailer's license allows for a hemp retailer
7 to be operated only at a single location.
8 (e) A hemp retailer shall ensure that any building or
9 equipment used by the hemp retailer for the sale of hemp, hemp
10 cannabinoid products, and ready-to-eat hemp cannabinoid
11 products are maintained in a clean and sanitary condition.
12 (f) A hemp retailer's premises shall be free from
13 infestation by insects, rodents, or pests.
14 (g) A hemp retailer license shall not give the licensee
15 the right to:
16 (1) grow hemp;
17 (2) produce or manufacture hemp or hemp cannabinoid
18 products;
19 (3) sell hemp cannabinoid products to a purchaser
20 unless the purchaser is a medical patient or that the
21 purchaser has been verified to be 21 years of age or older;
22 or
23 (4) violate any other requirements or prohibitions set
24 by Department of Financial and Professional Regulation
25 rules.
26 (h) A hemp retailer license may be obtained by an
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1 out-of-state entity if:
2 (1) the applicant and its principals and officers on
3 the application retain a registered agent or office in the
4 State and agree to submit to tax nexus within the State for
5 jurisdictional, regulatory, and enforcement purposes; and
6 (2) the applicant maintains a log of all sales to
7 residents located within the State to be submitted for
8 inspection by the Department.
9 Section 25. Regulation of hemp food establishments.
10 (a) As used in this Section, "Department" means the
11 Department of Public Health.
12 (b) The Department shall administer and enforce the
13 provisions of this Act relating to the licensing and oversight
14 of hemp food establishments unless otherwise provided in this
15 Act.
16 (c) No person shall operate a hemp food establishment for
17 the purpose of serving hemp cannabinoid products for human
18 ingestion or ready-to-eat hemp cannabinoid products without a
19 license issued under this Act.
20 (d) Subject to the provisions of this Act, the Department
21 may exercise the following powers and duties:
22 (1) prescribe forms to be issued for the
23 administration and enforcement of this Act;
24 (2) examine, inspect, and investigate the premises,
25 operations, and records of hemp food establishment
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1 applicants and licensees;
2 (3) conduct investigations of possible violations of
3 this Act pertaining to hemp food establishments; and
4 (4) conduct hearings on proceedings to refuse to issue
5 or renew licenses or to revoke, suspend, place on
6 probation, reprimand, or otherwise discipline a license
7 holder under this Act or take other nondisciplinary
8 action.
9 (e) The Department may not limit the number of hemp food
10 establishment licenses.
11 (f) The Department shall not limit the number of licenses
12 an individual may hold. Applicants for a hemp food
13 establishment license must submit all information required by
14 the Department. Failure by an applicant to submit all required
15 information may result in the application being disqualified.
16 (g) The Department may verify information contained in
17 each application and accompanying documentation to assess the
18 applicant's veracity and fitness to operate a hemp food
19 establishment.
20 (h) The Department may refuse to issue an authorization to
21 any applicant who:
22 (1) fails to disclose or falsifies any information
23 called for in the application;
24 (2) has been found guilty of a violation of this Act,
25 who has had any disciplinary order entered against the
26 applicant by the Department, who has entered into a
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1 disciplinary or nondisciplinary agreement with the
2 Department, or whose hemp business establishment license
3 was suspended, restricted, revoked, or denied in another
4 state; or
5 (3) has engaged in a pattern or practice of unfair or
6 illegal practices, methods, or activities in the conduct
7 of owning a hemp business establishment or other business.
8 (i) The Department shall deny the license if any principal
9 officer, board member, or persons having a financial or voting
10 interest of 5% or greater on the license is delinquent in
11 filing any required tax returns or paying any amounts owed to
12 the State.
13 (j) The Department shall verify an applicant's compliance
14 with the requirements of this Act and rules before issuing a
15 hemp food establishment license.
16 Section 30. Operational requirements of hemp food
17 establishments.
18 (a) A hemp food establishment that deals in the
19 manufacture and sale of food items and that does not comply
20 with either the existing State laws related to food handling
21 or the health and food handling regulations of a unit of local
22 government having jurisdiction over the establishment may be
23 enjoined from doing business in the following manner: the
24 Department of Public Health or a local department of health
25 may seek an injunction in the circuit court of the county in
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1 which the establishment is located. An injunction, if granted,
2 shall prohibit the hemp food establishment from selling hemp
3 cannabinoid products for human ingestion until it complies
4 with any applicable State law or regulations of a unit of local
5 government. However, no injunction may be sought or granted
6 before January 1, 2027, to enforce any rule or regulation
7 requiring a licensed food business to adhere to those rules
8 and regulations.
9 (b) The Department of Public Health shall adopt and
10 enforce rules for the manufacturing and processing of hemp
11 cannabinoid products for human ingestion at a hemp food
12 establishment, and, for that purpose, it may at all times
13 enter every building, room, basement, enclosure, or premises
14 occupied or used, or suspected of being occupied or used, for
15 the production, preparation, manufacture for sale, storage,
16 sale, processing, distribution, or transportation and to
17 inspect the premises of a hemp food establishment together
18 with all utensils, fixtures, furniture, and machinery used for
19 the preparation of these products.
20 (c) A hemp food establishment shall be under the
21 operational supervision of a certified food service sanitation
22 manager in accordance with rules adopted under this Act.
23 (d) A hemp food establishment shall operate in accordance
24 with the representations made in its application and license
25 materials. It shall be in compliance with this Act and rules.
26 (e) A hemp food establishment shall comply with the food
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1 handling, preparation, packaging and labeling provisions of
2 the Illinois Food, Drug and Cosmetic Act, the Food Handling
3 Regulation Enforcement Act, and the Sanitary Food Preparation
4 Act.
5 (f) A hemp food establishment that obtains a hemp retailer
6 license may prepare and sell ready-to-eat hemp cannabinoid
7 products.
8 (g) A hemp food establishment shall maintain compliance
9 with State and local building, fire, and zoning requirements.
10 (h) A hemp food establishment license allows for a hemp
11 food establishment to be operated only at a single location.
12 (i) A hemp food establishment shall ensure that any
13 building or equipment used by the hemp food establishment for
14 the storage, preparation, or sale of hemp cannabinoid products
15 for human ingestion and ready-to-eat hemp cannabinoid products
16 are maintained in a clean and sanitary condition.
17 (j) A hemp food establishment shall be free from
18 infestation by insects, rodents, or pests.
19 (k) A hemp food establishment, when combined with an
20 on-site hemp retailer license, allows for the preparation and
21 sale of ready-to-eat hemp cannabinoid products.
22 (l) A hemp food establishment license shall not give the
23 establishment the right to:
24 (1) grow hemp;
25 (2) process hemp;
26 (3) prepare and sell ready-to-eat hemp cannabinoid
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1 products to a purchaser unless the purchaser has been
2 verified to be 21 years of age or older; or
3 (4) violate any other requirements or prohibitions set
4 by the Department of Public Health rules.
5 Section 35. Recipes and dosing of ready-to-eat hemp
6 cannabinoid products. In order to sell ready-to-eat hemp
7 cannabinoid products, a hemp food establishment shall:
8 (1) keep THC dosing at or below 50 milligrams per
9 serving;
10 (2) submit a standard operating procedure for dosing
11 to the Department of Public Health for approval and
12 registration. The approval shall be granted within 30 days
13 of submission unless the Department provides good cause,
14 in writing, for withholding approval;
15 (3) submit the recipe, at the hemp food
16 establishment's expense, to a third-party testing
17 laboratory for potency testing to ensure 0.3% THC
18 compliance on an annual basis;
19 (4) use only the varietal or proportional varietals of
20 ingredients included in the tested recipe for all
21 subsequent batches of the recipe; and
22 (5) provide documentation of the annual test results
23 of the recipe submitted under this paragraph upon
24 registration and to an inspector upon request during any
25 inspection authorized by the Department.
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1 Section 40. Disclosure and labeling of ready-to-eat hemp
2 cannabinoid products.
3 (a) Hemp food establishments must ensure that the total
4 milligram content of each type of cannabinoid exceeding one
5 milligram contained in each ready-to-eat hemp cannabinoid menu
6 item is listed on the menu adjacent to the name or the price of
7 the associated menu item.
8 (b) Hemp food establishments must ensure that served
9 ready-to-eat hemp cannabinoid menu items include a label that:
10 (1) indicates the total milligram content of the
11 served items; and
12 (2) provides a QR code for a link to a web page
13 containing a copy of:
14 (A) the testing results of the intermediate hemp
15 product used;
16 (B) the dosing standard operating procedure; and
17 (C) a representative compliance test for the
18 recipe.
19 Section 45. Administrative hearings.
20 (a) Administrative hearings involving licenses issued
21 under this Act shall be conducted by the department issuing
22 the licenses under the rules that govern formal administrative
23 proceedings of the department issuing the licenses. As used in
24 this Section, "department issuing the license" means (1) the
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1 Department of Financial and Professional Regulation in the
2 case of a violation of this Act or rules adopted under this Act
3 relating to a hemp retailer or (2) the Department of Public
4 Health in the case of a violation of this Act or rules adopted
5 under this Act relating to a hemp food establishment.
6 (b) The following administrative penalties may be imposed
7 by the department issuing the license upon any person or
8 entity who violates any provision of this Act or any rule
9 adopted by any State department under this Act:
10 (1) a penalty of $2,500 for a first violation;
11 (2) a penalty of $5,000 for a second violation at the
12 same location within 2 years of the first violation; and
13 (3) a penalty of $10,000 for a third or subsequent
14 violation at the same location within 2 years of the
15 second or subsequent violation.
16 Any penalty of $5,000 or greater that is not paid within
17 120 days of issuance of notice from the department issuing the
18 license shall be submitted to the Department of Revenue for
19 collection as provided under the Illinois State Collection Act
20 of 1986. The department issuing the license may prohibit any
21 person from selling or distributing a hemp cannabinoid product
22 for failure to pay an administrative penalty within 60 days of
23 issuance of notice from the department.
24 (c) All final administrative decisions of the department
25 issuing the license are subject to judicial review under the
26 Administrative Review Law. For the purposes of this
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