Illinois Gov. JB Pritzker warns he may take executive action to ban or regulate hemp products that get users high

Robert McCoppin, Chicago Tribune on Sep 17, 2025

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CHICAGO — Illinois Gov. JB Pritzker and Texas Gov. Greg Abbott don’t have much in common, but one shared policy may soon take effect in Illinois: a crackdown on intoxicating hemp products.

Just as Abbott recently did in his state, Pritzker is threatening to use his executive authority to reign in the unregulated sales of hemp products containing delta-8, -9 and -10 THC, the cannabis component that gets users high.

The move could alienate lawmakers on both sides of the issue, and any governor’s order is likely to face legal challenges.

Faced with a product that doesn’t even have a minimum age requirement, and no requirements to tell consumers what they’re getting, the governor had asked lawmakers to take action on the issue late last year. Since they failed to do so, he is threatening to take matters into his own hands.

Last week, Pritzker said hemp products were making children sick, adding, “we may need to impose executive authority to try to shut those sales of intoxicating hemp down.”

Tuesday, he tempered his comments, saying, “We should have a regulated environment for hemp, and I am pushing that. If the legislature and if the advocates for the hemp industry are unwilling to do it, then we will take executive action.”

The Illinois Democrat’s threat follows Abbott’s executive order last week to limit hemp sales to those 21 and older; stronger requirements for product testing and labeling; and increased enforcement.

Abbott’s order came after he vetoed a bill Texas lawmakers had passed that would have banned hemp products that contain any amount of THC. Abbott warned that the bill faced a lengthy legal battle that would render it “dead on arrival.”

Texas Lt. Gov. Dan Patrick slammed Abbott’s decision, saying he was in effect legalizing marijuana in Texas.

Shortly after Abbott’s veto, a federal appellate court ruled that a similar law in Arkansas was legitimate, and does not conflict with federal law legalizing hemp. The ruling allows states to ban or restrict hemp as long as they don’t obstruct interstate transportation of legal hemp.

Yet Abbott, a former state Supreme Court justice, warned that a ban is likely to face lawsuits challenging it on other grounds, as an unconstitutional taking of private property from people who’ve invested significant money into their hemp farms and stores.

In Illinois, the state Hemp Business Association, which represents hundreds of independent and minority-owned businesses in the state, urges lawmakers to “wisely regulate,” but not ban hemp.

The association advocates for an age limit of 21, thorough testing and labeling of products, and a tax to reinvest in communities.

Association members are meeting with legislators to try to create a law that everyone can support.

“We’ve heard loud and clear that something needs to happen,” association lobbyist Jessica Fuentes said. “We agree there is a need for regulation, so we agree with the governor’s office, we want to get something done.”

Hemp was legalized by the 2018 federal Farm Bill, which defined hemp as a cannabis plant with less than .3% of THC. Hemp manufacturers took advantage of the law to produce new derivatives such as delta-8 and delta-10 THC that could also get users high, though some say with a milder effect. Even with the restrictions, products can accumulate enough of the traditional delta-9 THC to get users stoned.

As a result, vape shops, gas stations and convenience stores across the country are selling hemp products, typically with no restrictions on age, potency or amounts.

Hemp products are often untested or inaccurately labeled, and sometimes contain contaminants such as heavy metals or pesticides. The U.S. Drug Administration warns that delta-8 THC products have “serious health risks,” and have not been evaluated for safe use in any context.

In contrast, state-licensed recreational cannabis products are required to undergo strict testing and labeling, with limits on sales, and are limited to consumers 21 and older.

The Cannabis Business Association of Illinois previously advocated for legislation that hemp business owners said would have put many of them out of business by requiring that only licensed cannabis businesses sell hemp products.

In response to Pritzker’s latest comments, association Executive Director Tiffany Chappell Ingram wrote to the Tribune, “The state of Illinois should use every means at its disposal to protect our communities from untested and unregulated intoxicating products until such time as the General Assembly takes more comprehensive action.”

Texas cannabis attorney David Sergi urged Pritzker to follow Abbott’s lead to regulate hemp, saying a ban would only try to abolish thousands of legal shops and create an illegal market.

“The genie is out of the bottle,” he said. “Most of us agree we need reasonable regulation.”

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