CHICAGO — Illinois’ premature prohibition on hemp beverages started November 12. While retailers and suppliers have known about this looming deadline for months, consumers are now feeling the impact.
“Adult consumers were caught off guard,” said Phil McFarland, Chicago-based HBA member and general manager of Wynk. “They’ve been buying hemp beverages from their trusted liquor stores for years. They’ve enjoyed them at Lollapallooza, the United Center, and small venues and craft breweries across the city.
“Now the shelves are empty and people are quite irate.”
Over the past few days, local news outlets have highlighted the looming prohibition. The response was significant, with what McFarland described as “a frenzied spike over the last 72 hours.”
The 2018 Agriculture Improvement Act (commonly known as the “Farm Bill”) helped create a thriving hemp beverage category that continues to grow at an astounding rate. An HBA industry data report showed 133% growth in the category in the past year.
In 2025, Congress inexplicably passed a law to eliminate the entire hemp industry starting in 2026. Since then, senators and representatives on both sides of the aisle have been working to correct this error and establish a regulatory framework that protects public health and allows the category to thrive.
In Illinois, however, Governor Pritzker and the General Assembly have moved forward with a prematurely prohibited hemp beverages at the expense of the state’s small businesses, craft breweries, and responsible adults who have embraced this new category.
According to an October bulletin from the Illinois Department of Revenue:
[B]eginning November 12, 2026, any consumable or topical product containing more than 0.4 mg of total THC per container will no longer meet the definition of “hemp”. Such products are now '“cannabis” pursuant to Public Act 104-0463 and may only be grown and sold to consumers in this State pursuant to the Cannabis Regulation and Tax Act.
Illinois’ premature prohibition is largely seen as a bellwether for the nation. If Congress decides to continue its pursuit of a federal prohibition, consumer reaction is expected to be swift and strong.
“Consumers are angry. Small businesses are angry. Everyday people who stand to lose their jobs are angry,” said Lackner. “We need our government to be a stabilizing force for good. This hemp beverage prohibition does the complete opposite.”
Illinois consumers are encouraged to visit HBA’s action center to send a message to Governor Pritzker and the General Assembly, urging them to stand up for hemp beverages.
