As hemp-derived THC sales flourish in Illinois, state lawmakers are raising concerns about the loophole allowing corner stores to sell modified cannabis products with flavors reminiscent of childhood candies.
Neighborhood stores selling hemp-derived THC in Illinois have fewer regulated roadblocks than certified cannabis dispensaries, an investigation by students at DePaul University’s Center for Journalism Integrity & Excellence found.
The pre-rolled joints, vape pens and pre-packaged flower that advertise its components as THCA inevitably transform to THC when heated, bringing about the same psychoactive effects as marijuana, without the quality control, long lines, ID checks or security required at a regulated dispensary.
That doesn't sit well with state Rep. LaShawn Ford, who noted children can walk into a corner store and easily purchase these products.
"Especially our young people under 21," Ford said. "We need to make sure that we regulate the age, because anyone can go into one of these small shops that's not licensed and not regulated and purchase."
THCA, Delta-8, Delta-9 and Kratom only scratch the surface of products available at convenience stores, smoke shops and gas stations, prompting safety warnings from medical professionals and calls for stricter regulations from state lawmakers.
How did it get to this point?
Cannabis experts say the unregulated sales of hemp-derived THC in Illinois started to increase in 2018.
The 2018 Agricultural Improvement Act, commonly known as the "farm bill," removed hemp and derivatives of cannabis with less than 0.3% THC from the definition of marijuana.
This allows businesses without marijuana dispensary licenses to sell hemp-derived THC, but it does not mean these products do not have psychoactive effects.
Feeling out of the loop? We'll catch you up on the Chicago news you need to know. Sign up for the weekly Chicago Catch-Up newsletter.
Dr. Reggie Gaudino, director of Chicago's Cannabis Research Institute, said the farm bill created "a loophole so big that you could drive two semi-trucks through, side by side," in terms of properly regulating psychoactive cannabis products.
"The problem started in 2018 when the farm bill said that anything derived from hemp is legal," Gaudino said.
Gaudino explained that no matter what title these hemp cannabis products are given, such as a gummy or a vape, whenever heat is applied to THCA products, they turn into the well-known, intoxicating and psychoactive compound THC.
Gaudino said the only way to not experience any psychoactive properties is to consume it in its pure form, like "drink[ing] the tea" made out of the cannabinoid or by "extract[ing] the THCA crystals."
A major loophole
The lack of dispensary-level security and regulation poses risks, opening up the market to a wider set of consumers, Gaudino explains.
"Those [products] don't undergo any of the safety checks that would ensure that the product is safe for consumption," Gaudino said. "Without that assurance, you can't be sure that the product is safe if you're buying your product from … the local gas station."
Illinois law enforcement shares those same worries.
The 2024 Illinois Annual Cannabis report included a statement from the Illinois State Police that revealed officer concerns about the lack of safety checks that Gaudino identified and also called for clearer legislation moving forward.
"ISP, often in collaboration with local law enforcement, has struggled in convincing State's Attorneys to move forward with prosecution of sale of allegedly hemp-derived products above the 0.3% THC limit, which are illegal under state and federal law," the report said. "This leads the State's Attorneys to be reluctant to prosecute. Clarification in legislation would certainly help."
State lawmakers attempt to regulate
Clarification in legislation is already in the works, with various bills in Springfield waiting approval from the State Senate.
Rep. Ford is the sponsor of House Bill 5306, or the Industrial Hemp Act.
"The bills are all about safety, public health and, you know, making sure that we protect the public as it relates to these unregulated drugs that are on the street," Ford said.
According to consumer complaints filed with the Chicago Department of Business Affairs and Consumer Protection and obtained through a Freedom of Information Act request, there have been complaints of smoke shops in the city selling THCA products to minors without ID checks.
Three complaints were filed with the city of Chicago from November 2022 to June 2023, but the records do not indicate whether the businesses were investigated or cited.
Along with supporting stricter age requirements for these products, Ford also said it is unclear what hemp-derived THC does to the "developing mind," furthering his worry about youth public health.
The Centers for Disease Control and Prevention has said, "Using cannabis before age 18 may affect how the brain builds connections for functions like attention, memory, and learning… Cannabis's effects on attention, memory, and learning may last a long time or even be permanent, but more research is needed to fully understand these effects."
Ford’s bill will be introduced for a vote in the next Illinois General Assembly session.
Businesses fear regulation
Despite the concerns that pushed Rep. Ford to bring the topic to Springfield, business owners express worry about what circulating legislation would mean for their businesses, which thrive off the legality of hemp-derived THC products in Illinois.
Besides smoke shops and gas stations, which sell other non-cannabis related products, some owners have built their businesses solely on hemp THC goods.
Infuzed Cafe, a Chicago-based hemp cafe, sells a wide-range of hemp edibles, such as drinks and treats. Many of their products are advertised as helping to better moods or enhance the overall experience, according to their website.
The cafe is one of several businesses currently benefiting from the farm bill "loophole" surrounding hemp-derived THC products. Infuzed Cafe offers its customers "add-ins" to their beverages or snacks ranging from THCA to Delta 9 to CBD.
Nashwa Rahim, one of the partners of Infuzed Cafe, prides herself on the business' ability to give a personalized experience to every customer. Rahim described how Infuzed's wide range of hemp-derived THC add-ins can help consumers with anxiety, appetite stimulation and inflammation.
"People are able to come in and personalize their experience, rather than just, like, getting high from THC," Rahim said.
Because of the physical and mental health benefits Rahim said Infuzed customers experience, she believes the proposed legislation to further regulate hemp-derived THC would negatively "affect not only our business and all these other small businesses, but also the consumers."
Positive health impacts?
Though many believe the lack of regulation of these products in Illinois poses a risk for consumers, there are health benefits to consuming THCA in its pure form.
Gaudino explained that when ingested in a way that does not transform the product back into THC, THCA has powerful anti-inflammatory abilities.
"[THCA] is as good as a corticosteroid … which is very powerful," Gaudino said. "If it's eaten, as the crystal or as juice from the plant, it will actually provide anti-inflammation properties internally."
This can help people who suffer from irritable bowel disease or joint inflammation, among other ailments, Gaudino said.
Rep. Ford also recognized the mental and physical health benefits of using hemp-derived THC based on consumers' accounts.
"People that use [hemp-derived THC] for health reasons, people that use it for physical health reasons and also mental health reasons, they say that it's better than the traditional pills that they may have to take. It provides that relief that they need," Ford said.
But that doesn't dampen the risk unregulated hemp-derived THC poses to public health, Ford said.
"I think that it's bad for public health to allow for smoke shops to pop up and sell untested and unregulated Delta [THCA] products," Ford said.
How to protect yourself as a consumer
Businesses like Infuzed say they take proper precautions to inform consumers about what psychoactive effects they may experience from such products, but Rahim believes that less-regulated businesses may not do the same.
"You want to be educated on what strand you're having and how much you're having. And, it would be nice if gas stations and these corner stores were doing that, but I don't really know their process," Rahim said.
Endless edibles and other psychoactive-inducing products are sold, with easy access across Chicago. Some of these edibles advertise up to 200mg of THCA or Delta-9. For an average consumer not properly informed about the effects of such high doses, this can lead to extreme adverse reactions, says Gaudino.
Gaudino was shown a 200mg gummy advertised as a "blue raspberry" candy, purchased legally at a smoke shop in Forest Park, Illinois.
The gummy was sold in an individual package with no indication of serving size recommendations.
"Nobody should consume that much in one serving. Ever," Gaudino said.
He added that this might not be common knowledge to a younger consumer easily buying this product at a corner store, where they are not given proper discretion from the seller. This can even end in a visit to the hospital, Gaudino said.
Gaudino's reaction to the edible coincides with Rep. Ford's concerns about the marketing of these products across the state.
"We need some truth in advertising. There is no truth," Ford said. "When you label Delta [THCA] as candy, it's not candy. It’s a drug. And it gets you high."
Ahead of official legislation making its way through Springfield to become codified into law, experts have advice for how consumers can safely partake in hemp-derived THC.
"It's important for consumers to know that THCA is not an evil molecule," Gaudino said. "[Customers] really need to go to a dispensary and avoid buying products that are not part of the regulatory system."
