Evanston shelves empty as state THC drink ban takes effect

On Thursday, the shelves where THC drinks were sold at Binny’s Beverage Depot on Chicago Avenue were empty after customers bought up the remaining product in the days before a new state law took effect. The same was true at Lucky Platter’s pantry store. The law, known as the Illinois Hemp Act, treats any drink with more than 0.4 milligrams of THC per container as cannabis. Such drinks can be sold only at businesses licensed under Illinois’ cannabis law, such as dispensaries. Lawmakers cited health risks and underage access as major motivators for the new law. Intoxicating hemp products, particularly THC-infused drinks, had grown in popularity without regulation, leading to misleading marketing, lack of age verification and sales to minors, according to the Illinois Department of Agriculture’s Division of Cannabis Regulation. After signing the bill into law, Gov. JB Pritzker said it would help ensure the safety of consumers. “Instead of letting an ambiguous marketplace keep putting people at risk, Illinois is taking action to protect consumers of all ages, especially children, from misleading packaging and labeling,” Pritzker said in a statement. Selling cannabis without a license carries a civil penalty of up to $10,000 per offense, with each day counting as a separate violation, under SB 3222 , the bill that created the Hemp Act. Unlicensed sales can also bring criminal penalties under the Cannabis Control Act , ranging from a Class B misdemeanor to a Class X felony with fines up to $200,000, depending on the amount. The Evanston Police Department did not respond to questions about whether the department would be tasked with enforcing the new law or whether sales to underage consumers have been a problem. Last week, the Illinois Healthy Alternatives Association and its member businesses filed a federal lawsuit challenging the law. Earlier this week, the state agreed to temporarily hold off on enforcement against the plaintiffs, including all of the association’s members, until at least Nov. 19 while the lawsuit proceeds, according to Block Club Chicago . The association is a nonprofit representing about 250 hemp companies that employ more than 5,000 people. The group says that the law will obliterate the businesses of thousands of Illinois farmers, infusers, distributors and retailers who grow, manufacture or sell federally legal hemp-derived cannabinoid products. Federal rules are also changing. A new federal definition of hemp takes effect Dec. 11, capping finished hemp products at 0.4 milligrams of total THC per container, the same limit as the Illinois law, according to a Congressional Research Service analysis . A 2024 California Department of Public Health warning about one brand of THC soda listed cans containing 5 or 10 milligrams of THC. The new federal limit is a small fraction of that amount. The temporary pause on enforcement applies only to the companies in the lawsuit. Several retailers in Evanston had already taken steps to comply with the law before Thursday. At Binny’s Beverage Depot, 1111 Chicago Ave., several shelves where THC drinks had been displayed were empty Thursday. A manager, who gave only his first name, Shawn, said the store had a “rush” on Wednesday, sold out and would not be getting any more. The store still had some THC drinks for sale that contain less than 0.4 milligrams of THC per container. At Lucky Platter, 514 Main St., owner Derek Gaspar said the restaurant stopped serving the drinks Thursday and its adjoining pantry store sold out Sunday. Gaspar said he had mixed feelings about the products. “I selfishly like it because I like to make money. I don’t drink alcohol either but I’ll sell it,” Gaspar said. But he said he supports the new law, citing concerns about cannabis more broadly. “If we’re really honest about what’s going on, we’re starting to see the downside of legalization,” he said. “It’s regulated in dispensaries but it’s super potent. We can’t regulate it for drivers, there’s no breathalyzer.” Gaspar said losing the drinks will be a hit to his business, although he has not yet calculated how much he may lose. “I haven’t dug too much into it in that respect, maybe because I don’t want to know. It moves more than my beer, that’s for sure. It also has a pretty good profit margin and people clearly wanted it,” Gaspar said. At Hops & Grapes, 816 1/2 Church St., manager Chris Patel said the change would be a hit to the store’s business. He said the store did not sell out. Instead, it got a refund from distributors on some of the drinks and had to dispose of the rest. “It definitely accounted for a decent amount of sales,” Patel said. Diana Hamann, owner of The Wine Goddess, 703 Main St., said her store did not sell out, but she does not plan to seek a refund. “We didn’t sell out so we are saddled with some inventory but I won’t ask for a refund from the distributor because I feel really bad for this company in particular, Marz, which really put huge stakes in THC drinks and now I worry they will go out of business,” Hamann said. She also said before the new law, THC drinks let her shop include customers who don’t drink alcohol. “We loved selling them because as people age a lot of people stop drinking for health reasons or whatever reasons, so it was good to be inclusive for that crowd,” Hamann said. “I’m super bummed that it passed.” Related Stories