Chicago – On Thursday the Illinois Healthy Alternatives Association, the trade group representing the state’s hemp‑derived product sector, asked a Cook County judge to halt the Illinois Hemp Act before it takes effect on Nov. 12. The lawsuit seeks a temporary restraining order and a preliminary injunction against Attorney General Kwame Raoul and other state officials, arguing the law violates the Commerce Clause and contains other constitutional defects.
What the Hemp Act Would Do
The pending legislation would reclassify hemp‑derived THC beverages and other cannabinoid items as cannabis, restricting their sale to licensed dispensaries only. Proponents of the ban say it is needed to curb a perceived black‑market for intoxicating hemp products, especially in smoke shops where underage access is a concern.
Industry Impact
Advocates warn the ban could devastate Chicago breweries that have turned to hemp‑derived THC drinks as a new revenue stream. Companies such as Revolution, Hopewell, and Marz have used these beverages to offset a broader decline in craft‑beer sales. The Illinois Healthy Alternatives Association reports the hemp industry supports thousands of jobs statewide and generated more than $500 million in sales last year, with $30 million contributed to state revenue.
“It will completely eliminate the THC beverage category, which many consumers have safely integrated into their routines,” said Jonathan Fritz, co‑founder of Hopewell Brewing Co. “Our state legislators have failed us on this issue, and this decision will directly impact our business and many others.”
Legal Arguments
The complaint asserts that the Hemp Act infringes on the U.S. Constitution’s Commerce Clause by unduly restricting interstate trade of a product that is legal under the 2018 Farm Bill. The plaintiffs also claim the law contains “fatal constitutional defects” without providing specific statutory language, but they contend the reclassification is unnecessary and harmful to a legitimate industry.
Federal Context
Even if the state ban is halted, a federal prohibition on intoxicating hemp products is scheduled to take effect on Dec. 11. Lawmakers are currently debating legislation that could extend the federal deadline to 2028, offering a potential reprieve for the industry at the national level.
Local Response
City officials have shown mixed reactions. Aldermen Marty Quinn (13th) and Silvana Tabares (23rd) recently prohibited the sale of hemp products in their wards on Chicago’s Southwest Side, while a broader citywide ban was vetoed by Mayor Brandon Johnson earlier this year. As the state deadline approaches, some breweries are liquidating existing inventory, while others are preparing for a shutdown of production.
In a final effort to rally support, THC beverage maker Plift announced a “last call” fundraising event at Duffy’s Tavern and Grille, 420 W. Diversey Parkway, aiming to set a record for the largest simultaneous THC beverage toast.
What’s Next
The court’s decision on the temporary restraining order will determine whether the Illinois Hemp Act can be enforced on its scheduled start date. If the injunction is granted, the industry will have additional time to challenge the law’s constitutionality and to lobby for a more balanced regulatory approach.
Original reporting: Block Club Chicago — read the source article.
