A trade group representing the Illinois hemp industry has filed an emergency motion in court seeking to block a state ban on most hemp products from going into effect.
Starting on the November 12th, hemp products containing more than 0.4% of THC can only be sold in licensed cannabis dispensaries.
The Illinois Healthy Alternatives Association, representing the hemp industry, contends the ban in unconstitutional.
It believes it violates the Constitution’s Commerce Clause, which gives congress the authority to regulate economic activity that crosses state lines.
The association says it’s a half-billion-dollar industry in Illinois, supporting thousands of jobs and generating millions for the state.
This legal maneuvering comes ahead of a federal ban that those in the industry hope will be blocked or altered by congress.
PRESS RELEASE
On Thursday, November 5 the Illinois Healthy Alternatives Association along with hemp industry businesses filed an Emergency Motion for Temporary Restraining Order and Preliminary Injunction as well as a Complaint for Declaratory and Injunctive Relief against State of Illinois representatives to prevent provisions of the Illinois Hemp Act from going into effect on November 12, 2026.
Plaintiffs are represented by Michael Rothstein and Nate Goodman of Tabet DiVito & Rothstein.
The federally legal hemp businesses in Illinois constituted a half a billion dollar industry which sustains thousands of jobs and generates more than 30 million dollars in revenue for the state.
According to the filings, if allowed to go into effect on November 12, 2026, the Hemp Act will immediately and unconstitutionally slam shut access to Illinois markets by out-of-state companies that cultivate, manufacture, and sell federally legal hemp-derived cannabinoid products.
In addition, the Hemp Act will immediately obliterate the businesses of thousands of Illinois farmers, infusers, distributors, and retailers who grow, manufacture, or sell federally legal hemp-derived cannabinoid products.
Because the Hemp Act violates the U.S. Constitution’s Commerce Clause, this Court should enter a temporary restraining order and a preliminary injunction enjoining its enforcement by the State of Illinois officials named as defendants in this lawsuit.
Illinois Healthy Alternatives Association (“ILHAA”) is an Illinois not-for-profit trade association which represents 250 companies in Illinois’s legal low-potency hemp industry that employ more than 5,000 people. ILHAA’s members include hemp farmers, manufacturers, processors, infusers, distributors, and retailers across every facet of Illinois’s legal hemp industry.
The EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, the COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, and the MEMORANDUM IN SUPPORT OF EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION are attached.
Illinois Healthy Alternatives Association (ILHAA) and others in the legal hemp industry are working for responsible regulation to protect consumers, their pets, and small businesses. Creating a safe, solid regulatory foundation will enable small businesses in Illinois to thrive, protect consumers, and ensure people have continued access to mainstream hemp wellness products.
