We have received questions from doctors about the new Illinois Hemp Act and what it means for hemp and CBD products in chiropractic offices.
As you know, the ICS has taken a firm position on CBD from early on, due to federal guidance severely restricting its use. In 2018, the FDA approved its first (and only) CBD medication (Epidiolex, used to treat seizures from rare forms of epilepsy), which requires a prescription. On the same day, the FDA commissioner made it clear that the agency would continue to take action against companies marketing unapproved CBD products, including oil drops, capsules and topical creams. Based on those FDA statements, we advised that CBD oil would fall outside the scope of practice of a chiropractic physician (please see this ICS article for more on our position). The new Illinois hemp law does not change that position, but it does add a second layer of risk for any office that still carries these products.
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As a reminder, Public Act 104-463 (SB 3222) was signed into law on June 12, 2026. The Illinois Department of Revenue (IDOR) has now confirmed that the state will begin enforcing the new rules on November 12, 2026.
What Changed?
Beginning November 12, any consumable or topical product with more than 0.4 mg of total THC per container is considered cannabis under Illinois law, not hemp. According to IDOR, “Only Illinois Department of Financial and Professional Regulation (IDFPR) licensed cannabis dispensaries may sell products containing more than 0.4 mg total THC per container.”
In short, a product that a seller labeled as “hemp” last month may be considered and enforced as cannabis on November 12.
What About Health Claims?
This is the issue we want to make abundantly clear. Under the new law, a hemp product cannot contain any health claim. Selling a product that makes a health claim is considered an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
For our members, this is where the real risk lies. You are doctors. When a chiropractic physician sells a product in the office, or recommends a product to a patient, there is an implication that the product has a health benefit. Your patients do not see you as a retailer. They see you as their doctor with special expertise in healthcare.
This means there is no lawful or risk-free way to sell these products in your office:
- If a product has more than 0.4 mg of total THC per container, it is cannabis, and only a licensed dispensary may sell it.
- If a product has 0.4 mg or less, it cannot claim any health benefit. But as a doctor, the moment you sell it or recommend it to a patient, you imply that it has one.
- If you tell your patients the product has NO health benefit, then the question becomes why you as a doctor are selling it at all, putting your license at risk for unprofessional conduct or failure to adhere to standard of care.
- If a patient asks whether there are published studies to back up the benefit, you need to be able to answer. Making a claim you cannot support puts your license at risk.
In short, as a physician, unlike a non-healthcare retailer, regulators deem that you cannot separate the product from your license. Selling or recommending these products in your office puts your license at risk and could put you in violation of the new hemp law. As a reminder, the FDA stated back in 2018 that it would continue to take action against the illegal marketing of CBD products with unproven medical claims. The federal government has continued to affirm its position since then.
What Happens if You Don’t Comply?
The penalties are significant. According to IDOR, a product over the limit falls under the Cannabis Regulation and Tax Act (CRTA), and selling it “may result in violations, both civil and criminal, under the CRTA for selling cannabis without a license, including product seizure and the imposition of tax, penalty, and interest.” Selling a product that makes a health claim is also an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
In addition to these penalties, it is important to note that selling hemp or CBD products in your office could also put your license at risk, either for unprofessional conduct or as a scope of practice issue. The ICS will continue to monitor the implementation of the Hemp Act and will inform our members of any updates. If you have questions, please contact the ICS office at 217-525-1200.
