HB3319 102ND GENERAL ASSEMBLY

LRB102 13944 CPF 19296 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3319

Introduced 2/19/2021, by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

410 ILCS 705/55-20

Amends the Cannabis Regulation and Tax Act. Provides that specified prohibitions on cannabis business establishments advertising cannabis or cannabis-infused products under specified circumstances do not apply if the cannabis business establishment is advertising via marketing directed toward an application on an Internet-capable electronic device and the application (1) is limited to installation and use on an Internet-capable electronic device by an individual who is 21 years of age or older and (2) includes a permanent mechanism to opt out of using or installing the application. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Regulation and Tax Act is amended by changing Section 55-20 as follows:

(410 ILCS 705/55-20)

Sec. 55-20. Advertising and promotions.

(a) No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that:

(1) is false or misleading;

(2) promotes overconsumption of cannabis or cannabis products;

(3) depicts the actual consumption of cannabis or cannabis products;

(4) depicts a person under 21 years of age consuming cannabis;

(5) makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;

(6) includes the image of a cannabis leaf or bud; or

(7) includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.

(b) No cannabis business establishment nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:

(1) within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;

(2) on or in a public transit vehicle or public transit shelter;

(3) on or in publicly owned or publicly operated property; or

(4) that contains information that:

(A) is false or misleading;

(B) promotes excessive consumption;

(C) depicts a person under 21 years of age consuming cannabis;

(D) includes the image of a cannabis leaf; or

(E) includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.

(b-5) Paragraphs (1), (2), and (3) of subsection (b) do not apply if the cannabis business establishment is advertising via marketing directed toward an application on an Internet-capable electronic device, including, but not limited to, a cellular telephone, and the application:

(1) is limited to installation and use on an Internet-capable electronic device by an individual who is 21 years of age or older; and

(2) includes a permanent mechanism to opt out of using or installing the application, including, but not limited to, deleting the application.

(c) Subsections (a) and (b) do not apply to an educational message.

(d) Sales promotions. No cannabis business establishment nor any other person or entity may encourage the sale of cannabis or cannabis products by giving away cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

Section 99. Effective date. This Act takes effect upon becoming law.