Illinois Hemp Growers Association
BENEFIT CORPORATION

Hemp vs Marijuana FAQ
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There is no evidence indicating hemp derivatives are any more dangerous than caffeine or aspirin. According to the USDA Office of the General Counsel (OGC), all cannabinoids found naturally in hemp including THC are not controlled substances [1]. The word “synthetic” has a specific legal meaning and can not be used to accurately describe hemp according to the DEA [2]. Hemp, intoxicant or not, is not a controlled substance and should not be regulated as such.
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Most consumers are not confused. They are happy that they don't have to participate in the state marijuana industry to access THC derived from hemp. Consumers of hemp have a wider variety of product choices as well as more numerous and convenient locations where they can purchase them. The confusion seems to be a result of the state marijuana industry’s lack of comprehension when it comes to federal law. It’s a reaction rooted in justifying sunk-cost fallacy and it demonstrates an implicit position that cannabis prohibition must exist to preserve state marijuana programs and license holders investments.
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Common examples of this are hemp products that mimic popular snacks like Fritos corn chips which some people suggest kids could easily confuse with the real thing. Obviously this is a misbranded product which should not be sold due to infringement, not because it’s designed to trick unsuspecting minors. The reality is even with an already illegal copy-cat picture on the label, no minors are going to accidentally buy an unusually small bag with 10 chips in it that costs $20.
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Consumer protection laws, food drug and cosmetic acts, etc. create civil and criminal penalties against misbranded products and the businesses that sell them. The 2018 Farm Bill did not exempt hemp businesses from complying with all existing regulations related to businesses that sell products intended for human consumption.
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Some research studies have been conducted regarding cannabinoid content of hemp products. Many are not validated and follow other questionable academic practices including flawed testing methods, not disclosing sources of funding, or not declaring author’s conflicts of interest. One recently published paper quoted by journalists confidently concludes, “...THC products (both edible and plant) pose a clear danger to public consumers…” while also admitting, “The analyses performed were not fully validated and are meant to be informational only.” [3]. The author does not disclose that they serve on Cresco’s board of advisors.
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Further attempts to regulate hemp at the state level are designed to enable a massive transfer of wealth away from small businesses in the broad and equitable hemp industry to the few who own state marijuana licenses. It is a direct attack on the spirit of a free market and the rights granted to citizens by the United States of America.
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The state marijuana industry, not the public, will benefit the most from additional regulation placed on hemp at the state level. This is why we’ve seen consistent efforts from marijuana industry participants and the legislators who receive contributions from them to introduce new regulations year after year.
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It’s a classic fearmongering tactic to assert that children are being harmed by something. The reality is that the market for products containing novel cannabinoids is measured in the billions of dollars while reports of adverse events number in mere hundreds. Even assuming adverse events are 10x underreported, this still indisputably indicates a high level of safety considering a standard 30mg dose of Delta-8 THC currently costs consumers less than a dollar across all popular product categories.
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This is a classic case of state level regulations purposefully circumventing federal law in an attempt to capture additional tax revenue regardless of the consequences. Marijuana license holders were 100% aware of all the risks associated with participating in a complicated, expensive, and federally illegal program.
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The same novel cannabinoids are being sold by hemp industry and marijuana industry businesses concurrently. The argument that the science isn't there yet did nothing to deter the proliferation of state level marijuana laws lack of research on cannabinoid consumption of all kinds is long-standing, well known, and ubiquitous across both marijuana and hemp industries and does not justify banning anything.
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According to an extended Illinois Department of Agriculture policy effective as of March 29, 2023, cannabis business establishments licensed in Illinois may use industrial hemp as an ingredient in cannabis-infused products offered for sale at licensed dispensaries.