Full Text of HB5123 102nd General Assembly
HB5123 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5123 Introduced 1/27/2022, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| 410 ILCS 705/10-15 | | 410 ILCS 705/55-20 | |
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Amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act authorizes a person who is under 21 years of age to possess or use (rather than possess) cannabis. Provides that a person under 21 years of age with cannabis in his or her possession or who uses cannabis (rather than with cannabis in his or her possession) is guilty of a Class A misdemeanor (rather than a civil law violation). Provides that any person who violates specified provisions regarding advertising and promotions of cannabis is guilty of a
business offense subject to a minimum fine of $501 and a
maximum fine of $10,000. Provides that every calendar day that specified advertising and promotion violations occur is a separate
offense. Provides that in addition to any other penalties and remedies under
this provision, the Attorney General or the State's Attorney may
maintain a civil action against any person or entity who
violates the provisions. Provides that in such civil action,
the court may exercise all powers necessary, including, but
not limited to: injunctive relief, revocation, forfeiture, or
suspension of any license granted under the Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Sections 10-15 and 55-20 as follows: | 6 | | (410 ILCS 705/10-15)
| 7 | | Sec. 10-15. Persons under 21 years of age. | 8 | | (a) Nothing in this Act is intended to permit the transfer | 9 | | of cannabis, with or without remuneration, to a person under | 10 | | 21 years of age, or to allow a person under 21 years of age to | 11 | | purchase, possess, use, process, transport, grow, or consume | 12 | | cannabis except where authorized by the Compassionate Use of | 13 | | Medical Cannabis Program Act or by the Community College | 14 | | Cannabis Vocational Pilot Program. | 15 | | (b) Notwithstanding any other provisions of law | 16 | | authorizing the possession of medical cannabis, nothing in | 17 | | this Act authorizes a person who is under 21 years of age to | 18 | | possess or use cannabis. A person under 21 years of age with | 19 | | cannabis in his or her possession or who uses cannabis is | 20 | | guilty of a Class A misdemeanor civil law violation as | 21 | | outlined in paragraph (a) of Section 4 of the Cannabis Control | 22 | | Act . | 23 | | (c) If the person under the age of 21 was in a motor |
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| 1 | | vehicle at the time of the offense, the Secretary of State may | 2 | | suspend or revoke the driving privileges of any person for a | 3 | | violation of this Section under Section 6-206 of the Illinois | 4 | | Vehicle Code and the rules adopted under it. | 5 | | (d) It is unlawful for any parent or guardian to knowingly | 6 | | permit his or her residence, any other private property under | 7 | | his or her control, or any vehicle, conveyance, or watercraft | 8 | | under his or her control to be used by an invitee of the | 9 | | parent's child or the guardian's ward, if the invitee is under | 10 | | the age of 21, in a manner that constitutes a violation of this | 11 | | Section. A parent or guardian is deemed to have knowingly | 12 | | permitted his or her residence, any other private property | 13 | | under his or her control, or any vehicle, conveyance, or | 14 | | watercraft under his or her control to be used in violation of | 15 | | this Section if he or she knowingly authorizes or permits | 16 | | consumption of cannabis by underage invitees. Any person who | 17 | | violates this subsection (d) is guilty of a Class A | 18 | | misdemeanor and the person's sentence shall include, but shall | 19 | | not be limited to, a fine of not less than $500. If a violation | 20 | | of this subsection (d) directly or indirectly results in great | 21 | | bodily harm or death to any person, the person violating this | 22 | | subsection is guilty of a Class 4 felony. In this subsection | 23 | | (d), where the residence or other property has an owner and a | 24 | | tenant or lessee, the trier of fact may infer that the | 25 | | residence or other property is occupied only by the tenant or | 26 | | lessee.
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| 1 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | 2 | | (410 ILCS 705/55-20)
| 3 | | Sec. 55-20. Advertising and promotions. | 4 | | (a) No cannabis business establishment nor any other | 5 | | person or entity shall engage in advertising that contains any | 6 | | statement or illustration that: | 7 | | (1) is false or misleading; | 8 | | (2) promotes overconsumption of cannabis or cannabis | 9 | | products; | 10 | | (3) depicts the actual consumption of cannabis or | 11 | | cannabis products; | 12 | | (4) depicts a person under 21 years of age consuming | 13 | | cannabis; | 14 | | (5) makes any health, medicinal, or therapeutic claims | 15 | | about cannabis or cannabis-infused products; | 16 | | (6) includes the image of a cannabis leaf or bud; or | 17 | | (7) includes any image designed or likely to appeal to | 18 | | minors, including cartoons, toys, animals, or children, or | 19 | | any other likeness to images, characters, or phrases that | 20 | | is designed in any manner to be appealing to or encourage | 21 | | consumption by persons under 21 years of age. | 22 | | (b) No cannabis business establishment nor any other | 23 | | person or entity shall place or maintain, or cause to be placed | 24 | | or maintained, an advertisement of cannabis or a | 25 | | cannabis-infused product in any form or through any medium: |
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| 1 | | (1) within 1,000 feet of the perimeter of school | 2 | | grounds, a playground, a recreation center or facility, a | 3 | | child care center, a public park or public library, or a | 4 | | game arcade to which admission is not restricted to | 5 | | persons 21 years of age or older; | 6 | | (2) on or in a public transit vehicle or public | 7 | | transit shelter; | 8 | | (3) on or in publicly owned or publicly operated | 9 | | property; or | 10 | | (4) that contains information that: | 11 | | (A) is false or misleading; | 12 | | (B) promotes excessive consumption; | 13 | | (C) depicts a person under 21 years of age | 14 | | consuming cannabis; | 15 | | (D) includes the image of a cannabis leaf; or | 16 | | (E) includes any image designed or likely to | 17 | | appeal to minors, including cartoons, toys, animals, | 18 | | or children, or any other likeness to images, | 19 | | characters, or phrases that are popularly used to | 20 | | advertise to children, or any imitation of candy | 21 | | packaging or labeling, or that promotes consumption of | 22 | | cannabis. | 23 | | (c) Subsections (a) and (b) do not apply to an educational | 24 | | message. | 25 | | (d) Sales promotions. No cannabis business establishment | 26 | | nor any other person or entity may encourage the sale of |
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| 1 | | cannabis or cannabis products by giving away cannabis or | 2 | | cannabis products, by conducting games or competitions related | 3 | | to the consumption of cannabis or cannabis products, or by | 4 | | providing promotional materials or activities of a manner or | 5 | | type that would be appealing to children.
| 6 | | (e) Any violation of subsection (a), (b), or (d) is a | 7 | | business offense subject to a minimum fine of $501 and a | 8 | | maximum fine of $10,000. Every calendar day that the violation | 9 | | of subsection (a) or (b) occurs is a separate offense. In | 10 | | addition to any other penalties and remedies under this | 11 | | Section, the Attorney General or the State's Attorney may | 12 | | maintain a civil action against any person or entity who | 13 | | violates subsection (a), (b), or (d). In such civil action, | 14 | | the court may exercise all powers necessary, including, but | 15 | | not limited to: injunctive relief, revocation, forfeiture, or | 16 | | suspension of any license granted under this Act. | 17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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