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Illinois Delays Hemp THC Drink Ban for Businesses Suing the State
A federal lawsuit by hemp businesses has prompted Illinois to pause enforcement of a new law that would pull most hemp-derived THC drinks from retail shelves until Nov. 19, when a judge will weigh a longer block.
Illinois has agreed to hold off enforcing a new law that would remove most hemp-derived THC beverages from traditional retail shelves, but only for the businesses that sued the state and members of their trade association. The reprieve lasts through Thursday, Nov. 19, when a federal judge is scheduled to hear arguments on whether to temporarily block the law while the case proceeds.
The law, set to take effect Nov. 12, would cap THC content in hemp-derived products sold outside licensed cannabis dispensaries at 0.4 milligrams per serving. That threshold is far below what many existing products contain; at Hopewell Brewing in Logan Square, the lowest-dose drink is 3 milligrams.
Stephen Bossu, owner of Hopewell Brewing, said THC drinks account for 10% to 20% of the brewery's revenue depending on the season, with many customers choosing them as an alternative to alcohol. "It's become a huge part of the habits of our customers," Bossu said. He criticized lawmakers for opting for a ban rather than what he called sensible regulation, and warned that losing the sales could force difficult decisions, including potential layoffs. "We're a small family business," he said. "We can't absorb hits all the time."
The Illinois Healthy Alternatives Association filed the lawsuit challenging the law, arguing the restrictions will harm businesses and limit consumer access. Glenn McElfresh, CEO of Chicago-based Plift and a member of the Hemp Beverage Alliance, said the state should focus on regulating the industry rather than erasing it. He noted that shelves at major retailers such as Binny's, Target and Circle K would be left bare, and said smaller brands may have to shelve expansion plans and shift sales into dispensaries.
Supporters of the restrictions say stronger oversight is needed to protect consumers, especially children. McElfresh acknowledged that problems exist but argued the government already knows where the products are sold and where the packaging originates. "I'm not saying it's easy, but I'm saying they can do it if they have the willpower," he said.
For now, the businesses covered by the lawsuit have a little breathing room as they await the federal court's decision later this month.