Illinois Bill Allows Hemp in Food and Cosmetics

Detected March 29th, 2026

Summary

The Illinois General Assembly is considering House Bill 64, which would amend the Illinois Food, Drug and Cosmetic Act and the Industrial Hemp Act. The bill aims to allow hemp and hemp-derived cannabinoids in food and cosmetics, provided they comply with federal definitions of hemp and meet state-specific requirements for products intended for consumption or inhalation.

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What changed

Illinois House Bill 64, introduced for the 2025-2026 legislative session, proposes significant changes to the state's regulation of hemp products. The bill seeks to amend the Illinois Food, Drug and Cosmetic Act to explicitly permit hemp and hemp-derived cannabinoids (including THC variants) in food, dietary supplements, and cosmetics, as long as the hemp complies with federal definitions. It also revises the Industrial Hemp Act to align with federal regulations, including definitions, licensing, and rulemaking for the Department of Agriculture. The bill introduces requirements for product labeling and distribution, and prohibits the sale of hemp products intended for inhalation or ingestion to individuals under 21 years of age.

If enacted, this legislation would create new compliance obligations for manufacturers and distributors of hemp-derived products in Illinois. Businesses will need to ensure their products meet both federal and new state-specific requirements, including those set by the Department of Public Health for ingestible products. Retailers must adhere to age restrictions for certain hemp products. Failure to comply could result in products being deemed adulterated or misbranded under state law, potentially leading to enforcement actions under the Illinois Food, Drug and Cosmetic Act.

What to do next

Review proposed changes to the Illinois Food, Drug and Cosmetic Act and Industrial Hemp Act.
Ensure compliance with new state requirements for hemp product ingredients, labeling, and distribution if enacted.
Verify adherence to age restrictions for hemp products intended for inhalation or ingestion.

Penalties

Hemp products distributed or sold in violation of specified provisions shall be considered adulterated or misbranded pursuant to the Illinois Food, Drug and Cosmetic Act and all other applicable State laws.

Source document (simplified)

IL HB0064 | 2025-2026 | 104th General Assembly

Illinois House Bill 64

IL State Legislature page for HB0064
- Summary
- Sponsors
- Texts
- Votes
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Status

Sponsorship: Partisan Bill (Democrat 1)
Status: Introduced on January 9 2025 - 25% progression
Action: 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Illinois Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, a food, food ingredient, dietary supplement, cosmetic, or other consumer product shall not be considered adulterated solely because it contains hemp, hemp-derived cannabinoids, including, but not limited to, Delta-9 tetrahydrocannabinol (THC), Delta-8 THC, tetrahydrocannabinolic acid (THCa), or any hemp product, provided that the hemp used in the product complies with the definition of "hemp" as specified in federal law. Amends the Industrial Hemp Act. Conforms several provisions in the Act to federal regulations under the Domestic Hemp Production Program, including (i) definitions, (ii) requirements for the application for a license to cultivate hemp, and (iii) rulemaking requirements for the Department of Agriculture. Provides that the Department of Agriculture shall adopt rules for the distribution and retail sale of hemp products under conditions in specified provisions of the Act. Provides that hemp products that contain cannabinoids, that are intended for human consumption, and that are designated for retail sale within Illinois (i) must meet specified requirements, including federal requirements and rules adopted by the Department of Public Health, and (ii) must be distributed or sold in a container that includes specified information. Provides that hemp products that are intended for inhalation or ingestion and contain detectable amounts of hemp cannabinoids may not be sold in this State to a person who is under 21 years of age. Provides that hemp products distributed or sold in violation of specified provisions in the Act shall be considered adulterated or misbranded pursuant to the Illinois Food, Drug and Cosmetic Act and all other applicable State laws. Defines terms. Makes technical changes.
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Title

HEMP REGULATION REFORM

History

| Date | Chamber | Action |
| --- | --- | --- |
| 2026-03-27 | House | Rule 19(a) / Re-referred to Rules Committee |
| 2026-03-26 | House | To Cannabis & Intoxicating Products Subcommittee |
| 2026-03-12 | House | Assigned to Executive Committee |
| 2025-01-09 | House | Referred to Rules Committee |
| 2025-01-09 | House | First Reading |
| 2024-12-12 | House | Prefiled with Clerk by Rep. Sonya M. Harper |

Code Citations

| Chapter | Article | Section | Citation Type | Statute Text |
| --- | --- | --- | --- | --- |
| 410 | 620 | 21 | Amended Code | Citation Text |
| 505 | 89 | 10 | Amended Code | Citation Text |
| 505 | 89 | 15 | Amended Code | Citation Text |
| 505 | 89 | 20 | Amended Code | Citation Text |
| 505 | 89 | 5 | Amended Code | Citation Text |

Illinois State Sources

| Type | Source |
| --- | --- |
| Summary | https://www.ilga.gov/Legislation/BillStatus?DocNum=64&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| Text | https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=195504&DocName=10400HB0064&DocNum=64&DocTypeID=HB&LegID=155738&GAID=18&SessionID=114&SpecSess=&Session= |

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