Illinois was one of the most recent states to pass legislation allowing recreational cannabis use to anyone over 21. For many, this has been a significant increase in freedom, with non-medical patients also benefiting from the potential health benefits of cannabis products such as pain relief and appetite stimulation. Some, though, may find marijuana to be too strong or provoke anxiousness.

A recent legal loophole at the federal level has allowed a different form of marijuana to exist across the whole country. One slight difference in this form of THC has made it federally legal, even in most illegal states — its source. Known as delta 8 THC, this psychoactive cannabinoid is federally legal if it’s sourced from hemp, and many are hopping on the trend.

But is it legal in Illinois?

Is Delta 8 Legal in Illinois?

Delta 8 currently has a legal status in Illinois. The state’s local laws regarding hemp align with federal guidelines, which place delta 8 in a legal gray area that allows access to intoxicating hemp derived THC products.

For now, Illinois residents can legally possess hemp derived products with psychoactive cannabinoids like delta 8 and delta 10, and these products are being legally sold by local retailers and small business owners of smoke shops and head shops.

This created a booming hemp industry in the state, but delta 8 THC’s highly unregulated legal landscape also led to the proliferation of inferior quality products, raising safety concerns among state lawmakers. Some of these products are untested, mislabeled, and can easily be purchased in gas stations, corner stores, and convenience stores, giving access to minors.

Citing concerns about public health issues and the lack of legislation regulating the market, the Illinois General Assembly has attempted but failed to regulate or impose an outright ban on such products.

In 2022, the Illinois Department of Agriculture issued a policy update that disallows manufacturers from using hemp and hemp derivatives — like non-psychoactive CBD — for chemical conversion to synthesize intoxicating compounds, such as delta 9 and 8. However, it was unclear if the policy was legally binding.

The hemp industry argues that hemp delta 8 products are federally legal and should not be treated like marijuana products. However, advocates call for regulations to prevent underage access and ensure consumer safety.

On the other hand, big cannabis companies in the cannabis industry call for a ban on these hemp derived CBD products containing psychoactive cannabinoids, saying these products should be regulated the same way as marijuana and can only be purchased from registered and licensed dispensaries only.

In 2025, Governor Pritzker supported a bill that would have restricted delta 8 sales. This has divided the state’s business leaders and Illinois lawmakers, with Chicago Mayor Brandon Johnson urging the governor to postpone legislation that would have regulated the delta 8 market, expressing concerns about its effects on small businesses. Although the bill passed the Illinois Senate in January 2025, it, however, died in the House.

Illinois legalized recreational cannabis in 2020, passing legislation to legalize the sale of delta 9 THC for recreational use, unlike current federal law.

Is Delta 8 THC Legal Federally?

The 2018 Farm Bill, passed by the U.S. Congress in 2018, has drastically revised how hemp and cannabis are regulated across the country. The law was primarily meant to give America’s hemp industry more room for growth, but many side effects have occurred. Basically, the Farm Bill says federally illegal cannabis shall now be considered any hemp product containing more than .3% of delta 9 THC.

Basically, the Farm Bill says industrial hemp and all its parts (flowers, stalks, leaves, stems, derivatives, cannabinoids, acids, and isomers, among others) are now legal, so long as its delta 9 THC content doesn’t exceed 0.3% on a dry weight basis. Any hemp plant that contains more THC is considered marijuana and remains illegal. Marijuana is still classified as a Schedule I drug under the Controlled Substances Act.

Because the law was written this way, many new hemp products have become legal. Before the Farm Bill, most hemp products would have been considered illegal marijuana. Now that the law is more straightforward, CBD and delta 8 THC are unrestricted.

Illinois’ hemp laws align with federal laws, making delta 8 legal in the state. Going against federal law, Illinois has also decided to legalize delta 9 THC, creating a healthy marijuana industry that contributed to the state’s economic growth, with organizations like the Cannabis Business Association actively advocating for policies that support the industry.

Medical marijuana has been legal for a few years now, while recreational use was legalized in 2020. According to the state’s cannabis laws, adult residents can possess up to 30 grams of marijuana flower, 5 grams of concentrate, and 500 milligrams of concentrated delta 9 THC.

Visitors can only possess half of those amounts. Growing cannabis plants is more strictly regulated, though. Only medical patients are permitted to grow cannabis, with a five-plant maximum.

Where to Buy Delta 8 THC in Illinois

The most reliable way to purchase delta 8 THC is online.

When looking for delta 8 THC products, find a manufacturer online with a solid reputation, an age verification process, and transparent lab test results — double-check lab tests before buying any product for authenticity and product content. Avoid sellers with any red flags of unethical behavior.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• When you buy online you can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products
• Products left on store shelves degrade more quickly

Shop For the Best Delta 8 THC Products in Illinois

Do I Need A Medical Card in Illinois To Order Delta 8 THC?

No, delta 8 THC can be obtained online and from state-registered retail vendors without a medical card. Those wishing to grow their own cannabis plants containing delta 9 THC need to have a medical card.

As of 2014, medical marijuana has been legal in Illinois under the Compassionate Use of Medical Cannabis Program Act. People diagnosed with certain conditions ranging from cancer to anxiety can speak with a qualified physician about possible medicinal cannabis.

If the physician determines cannabis is a worthy treatment option, they may register the patient under the program. Patients prescribed a medical card are the freest to consume cannabis in Illinois. For example, recreational users cannot grow their own plants in the state, but those with a medical card are free to grow up to 5 plants.

Individuals wishing to use delta 8 THC do not need any medical card. Further, any adult is free to purchase recreational marijuana from a dispensary. The FDA has not, however, approved any form of cannabis for medical use. The department has decided to allow state-by-state decisions to take precedence.

Delta 8 Vapes & The PACT Act

Businesses selling any nicotine, tobacco, or vape product in the United States are federally required to adhere to a set of laws. One of the most prominent laws that retailers need to adhere to is the PACT Act. Initially passed in 2009 to regulate online tobacco sales, the law has been amended to include vape retailers.

One of the critical parts of this law is the age verification requirement. Since 2019, the FDA has mandated a minimum age of 21 to purchase nicotine and vape products. Since the law was written with a broad definition of vape products, nearly all vaping paraphernalia needs to be age verified. This includes batteries, juice, and accessories.

More importantly, this broad definition means many delta 8 products are subject to the same regulations. The sale of cartridges and delta 8 THC flowers is treated the same way as vape products.

Any retailer selling online must verify the age of its customers. Further, vendors cannot use USPS to send packages. A private package carrier that will check ID upon delivery must be used. The Bureau of Alcohol, Tobacco, and Firearms is in charge of enforcing these regulations.

When purchasing delta 8 products online, consumers should be very wary of where they buy products. Individuals should avoid vendors who do not obey federal age verification laws. Those willing to sell to minors are acting highly unethically. Such unethical action could be a red flag for further cutting corners.

Adulterated products are not unheard of, so buyers must avoid sketchy or unethical delta 8 THC vendors.

What’s the Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 also binds to the cannabinoid receptors, but it is different from its delta 9 siblings in one critical way. A double bond between two atoms of delta 8’s molecular structure renders it a wholly different substance. This difference gives delta 8 milder psychoactive effects, making it a popular choice among users who are after a milder high.

Both products are pretty similar in other ways, though.

First, the production of both products is different. Delta 9 THC occurs in large amounts in cannabis flowers and is most commonly extracted from there. Delta 8 THC, however, does not occur in large enough amounts naturally in the cannabis plant. Instead, producers extract CBD oil from hemp plants and then undertake a chemical process where delta 8 THC is extracted from that oil. This process for delta 8 ensures it is pulled in high enough amounts to be effective.

More importantly, the effects of both types of THC are quite different. Delta 9 THC tends to be more psychoactive and overall more potent. Instead, delta 8 THC only has about 50% of the efficiency of its counterpart and produces much more mellow, less psychoactive results. This is because delta 8 THC binds less efficiently to the brain’s neuroreceptors.

No form of THC has been FDA approved for human consumption, but people who have used both tend to agree that delta 8 THC is less likely to cause stress and provides an overall more effortless experience than delta 9 THC.

Is Delta 8 THC Natural?

In the United States, the term natural is hardly regulated. While the FDA has decided to control terms such as organic, natural remains unregulated. This means that anyone can stick a natural label on their product.

Moreover, natural is an ill-defined word. Although many conjure thoughts of streams, forests, tranquility, and an absence of humans, natural can also mean toxins and dangerous animals. Things that occur in nature are not always also safe.

Because the FDA has decided not to regulate this, the term natural should not be sought out when purchasing products in general. Something made exclusively in a lab has just as much of a legal right to call itself natural as something straight from a farm, even if it does seem unethical.

However, this lack of regulation around the word natural could be why the DEA has not cracked down on delta 8 products. Although the substance is almost always prepared in labs, it can be considered natural. Further, the product is initially derived from hemp.

If growers did not extract delta 8 products from hemp in the way they are, the DEA could more easily consider it synthetic. According to the agency, synthetics of cannabis are just as federally illegal as the real thing. Instead, delta 8 THC is considered “naturally-derived” because it’s made by converting one naturally occurring molecule into another naturally occurring molecule. No step of the process involves any human-made versions of THC.

How to Use Delta 8 THC?

People can consume delta 8 THC in a variety of ways. Most often, though, its oil is used as the base for other products. The oil contains enough of the substance in a small enough volume to be efficiently utilized.

Common ways to consume delta 8 THC include:

• Vape cartridges
• Edibles & Gummies
• Tinctures

Cartridges for vape pens are the most commonly sold products. These pens contain the oil derived from hemp CBD and create the most substantial results with the least amount of effort. Producers can spray the same oil in these pens onto cannabis flower or gummy edibles for those that prefer to consume it in that way.

Edible forms of delta 8 THC also include capsules and activated tinctures. People need only to eat these products to feel their effects within an hour or so. Vials of tinctures are also popular, but they can be less enjoyable to consume when compared to sweet gummy products.

Is Marijuana (Delta 9 THC) Legal In Illinois?

Weed was recently legalized in Illinois for recreational users. As long as you’re over the age of 21 you’ll be able to buy marijuana flower, concentrates, and more.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Illinois?

Delta 10 THC is regulated under the same laws as delta 8 THC, and is therefore also legal in Illinois.

Both THC analogs are very similar. The molecular structure of each is just different from delta 9 THC, so it isn’t considered federally illegal under the Farm Bill. These hemp derivatives are much weaker than their delta 9 cousins, though.

What’s The Future of Delta 8 THC in Illinois?

Medical and recreational marijuana are now both legal in Illinois. Hemp delta 8 and delta 10 are also legal, provided they follow federal and state regulations. Although several attempts have been made to ban or restrict delta 8, this cannabinoid still remains legal in Illinois.

You can purchase delta 8 in-store, but for more varieties in potencies, forms, and flavors, you can buy them online.

FAQs on Delta 8 and Other Cannabinoids in Illinois

Below is a short list of frequently asked questions about delta 8 and other cannabinoids in Illinois.

1. Is Delta-8 THC Legal in Illinois?

Yes, delta 8 THC remains legal in Illinois, although several attempts have been made to either restrict or ban the cannabinoid ever since the 2018 Farm Bill legalized hemp and hemp-derived products.

2. Is Delta 10 Legal in Illinois?

Delta 10 is also covered by the same laws that govern delta 8. That said, delta 10 is also legal in the state.

3. Does Illinois Have Legal THC?

Illinois legalized hemp and marijuana derived delta 9 THC for both medical and recreational use. 

4. Is CBD Legal in Illinois?

CBD is legal in Illinois, no matter the source, be it hemp or marijuana.

5. Does Delta-8 Show Up on Drug Tests?

Delta 8, an isomer of delta 9, also shows up on a drug test. If you have a scheduled drug test coming up, we recommend avoiding delta 8 products for a while.