HB5123 102ND GENERAL ASSEMBLY

LRB102 22538 CPF 35004 b

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

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.

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 Sections 10-15 and 55-20 as follows:

(410 ILCS 705/10-15)

Sec. 10-15. Persons under 21 years of age.

(a) Nothing in this Act is intended to permit the transfer of cannabis, with or without remuneration, to a person under 21 years of age, or to allow a person under 21 years of age to purchase, possess, use, process, transport, grow, or consume cannabis except where authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program.

(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess or use cannabis. A person under 21 years of age with cannabis in his or her possession or who uses cannabis is guilty of a Class A misdemeanor civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act.

(c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.

(d) It is unlawful for any parent or guardian to knowingly permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section. A parent or guardian is deemed to have knowingly permitted his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be used in violation of this Section if he or she knowingly authorizes or permits consumption of cannabis by underage invitees. Any person who violates this subsection (d) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. If a violation of this subsection (d) directly or indirectly results in great bodily harm or death to any person, the person violating this subsection is guilty of a Class 4 felony. In this subsection (d), where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.

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

(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.

(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.

(e) Any violation of subsection (a), (b), or (d) is a business offense subject to a minimum fine of $501 and a maximum fine of $10,000. Every calendar day that the violation of subsection (a) or (b) occurs is a separate offense. In addition to any other penalties and remedies under this Section, the Attorney General or the State's Attorney may maintain a civil action against any person or entity who violates subsection (a), (b), or (d). 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 this Act.

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