Fresh off becoming the first state to create a recreational marijuana market via legislation, at least one Illinois lawmaker remains focused on the cannabis industry. On October 2, 2019, Illinois Representative Bob Morgan (D-Deerfield) introduced the CBD Safety Act (HB 3906), which will mandate that CBD products meet labeling and minimum testing requirements pursuant to rules adopted by the Department of Agriculture.

Currently, Illinois does not require standardized testing for CBD products, despite the fact that CBD products are ubiquitous on store shelves. With the lack of regulation comes safety concerns; there have been reports of products containing unsafe (and undisclosed) heavy metals and inaccurate representations regarding the amount of CBD. Under the Act, the Department of Agriculture, the Illinois State Police, and the Department of Health will have the ability to inspect any business that manufactures, processes, transports, or distributes CBD products in the state. If CBD products do not meet the requisite safety standards they will be removed from shelves and online websites and the responsible parties will face fines starting at $1,000. The fines collected would go to a newly created CBD Safety Fund. Furthermore, the Act allows the Director of Agriculture to pursue a temporary restraining order or permanent injunction restraining any person from violating the Act.

It is unclear whether Representative Morgan’s proposal will have the requisite political support in Springfield, but we will continue to monitor the proposal and provide updates on our blog.