CHICAGO — Illinois officials have agreed to temporarily suspend enforcement of the state’s sweeping new restrictions on hemp-derived THC products against about 250 companies involved in a lawsuit challenging the law.
The deal gives companies more time to fight the Illinois Hemp Act, which was set to take effect Thursday and would effectively ban most hemp-derived THC products currently sold in retail stores rather than licensed cannabis dispensaries.
The state agreed to delay enforcement against those companies until Nov. 19, according to a joint filing by plaintiffs and state officials in federal court.
Six plaintiffs in the lawsuit, including the Illinois Healthy Alternatives Association and its members, are covered by the agreement. The association represents approximately 250 companies in the Illinois hemp industry.
The association and five hemp companies sued the state on Nov. 5, arguing that the new restrictions are unconstitutional and would have the effect of excluding companies selling federally legal hemp-derived products. The lawsuit argues that the law violates the Commerce Clause of the U.S. Constitution by restricting interstate commerce.
Under the new state law, consumable and topical hemp products containing more than 0.4 milligrams of total THC per container would be regulated as cannabis products rather than hemp products, subjecting them to the state’s stricter cannabis licensing and sales requirements.
A federal judge has scheduled oral arguments for Nov. 19 on the plaintiff’s request for a temporary restraining order and preliminary injunction. Each party will have 20 minutes to argue its case, according to a court filing Monday.
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