Guest Essay: Regulate Fairly – Don’t Punish Hemp For Being Legal

Evanston RoundTable, Sept. 18, 2024

By Stacey Moragne, Jr., Fifth Ward native, lifelong Evanston resident and prospective hemp shop owner

Illinois is on the verge of fumbling an innovative and lucrative new industry that harnesses the therapeutic benefits of a lawful agricultural commodity – and our communities and small businesses will pay the price.

As a prospective hemp shop owner in Evanston, I was perplexed by the recent article “Hemp-derived THC confuses legal pot market, avoids reparations tax.” While the article described the intricacies of the legal hemp market, it overlooked something important: the need for clear and fair regulations that help our communities. Because of this current void and the uncertainty it creates, I’ve been putting off my dream of opening my own hemp business. Given Illinois’ economic environment, we should be doing all we can to strengthen opportunities for entrepreneurs and small businesses to revitalize the marketplace, which begins with regulatory certainty.

It’s my understanding that throughout the 2024 Spring Session, the hemp industry worked tirelessly to advocate for state regulations to ensure that hemp products are safe, appropriately packaged, and beneficial to customers. The simple notion that consumers should be able to trust that the products they purchase are safe and will work for their intended purpose seems like something everyone should be able to support – so why are we still waiting for industrywide standards?

One primary goal for the hemp industry has been to advocate for a product tax structure that reinvests in our neighborhoods. The idea is simple: Revenue from hemp sales should flow back into the communities where the products are sold. It’s not just about paying taxes; it’s about ensuring that the money generated by this industry supports the very people and places that make it possible. We want to see this revenue used to uplift our communities, provide resources, and create opportunities – particularly in areas that have been disproportionately affected by the war on drugs.

However, there’s a concerning trend emerging in Illinois’ approach to hemp regulation. While the state has legalized recreational marijuana – a federally illegal controlled substance – it seems to be villainizing hemp-derived products, which are legal under federal law and (as the article pointed out) have a lower concentration of delta-9 THC than marijuana.

Rather than complaining about Illinois’ current lack of hemp regulation, it’s time to work toward meaningful solutions that will deliver the consumer safety, tax revenue, and economic success that our residents deserve. We need thoughtful regulations that ensure hemp-derived products are safe and appropriately taxed while allowing the industry to thrive. Blanket bans and overly restrictive regulations, such as those proposed by lawmakers in House Bill 4293 this Spring Session, could devastate a lawful and beneficial industry. And though the bill didn’t pass, it could be considered again in the coming months.

HB 4293 would result in a ban on several currently legal hemp products – including CBD products widely used by consumers and pets for their wellness benefits – and impose unrealistic requirements that would make the manufacturing process illegal even though the end product would be lawful. This would destroy a vibrant, diverse, and growing industry, cutting off consumer access to therapeutic products that improve their quality of life. It would also have a significant economic impact on local communities when businesses are forced to shutter, relocate to another state, or never even open at all.

By creating a regulatory framework that supports both hemp businesses and consumer safety, we can build a strong, trustworthy industry that benefits everyone in Illinois. The hemp industry has the potential to be a significant economic driver in our state, but only if it’s given the chance to thrive under fair and reasonable regulations.

Hemp regulations are severely lacking, and it’s time to change that. Let’s work together to urge the General Assembly to contemplate regulations that will protect consumers, support businesses, and reinvest in our communities. With thoughtful, balanced policies, we can build a hemp industry that is safe, prosperous, and beneficial to all Illinoisans.

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