102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1871

 

Introduced 2/26/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 705/55-20

    Amends the Cannabis Regulation and Tax Act. Provides that specified provisions prohibiting advertisement of cannabis or cannabis-infused products do not apply to newspapers. Provides that, except for educational messages, cannabis business establishments shall not advertise in a newspaper if more than 30% of the newspaper's readership is reasonably expected to be under the age of 21.


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A BILL FOR

 

SB1871LRB102 15928 CPF 22275 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Regulation and Tax Act is amended
5by changing Section 55-20 as follows:
 
6    (410 ILCS 705/55-20)
7    Sec. 55-20. Advertising and promotions.
8    (a) No cannabis business establishment nor any other
9person or entity shall engage in advertising that contains any
10statement or illustration that:
11        (1) is false or misleading;
12        (2) promotes overconsumption of cannabis or cannabis
13    products;
14        (3) depicts the actual consumption of cannabis or
15    cannabis products;
16        (4) depicts a person under 21 years of age consuming
17    cannabis;
18        (5) makes any health, medicinal, or therapeutic claims
19    about cannabis or cannabis-infused products;
20        (6) includes the image of a cannabis leaf or bud; or
21        (7) includes any image designed or likely to appeal to
22    minors, including cartoons, toys, animals, or children, or
23    any other likeness to images, characters, or phrases that

 

 

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1    is designed in any manner to be appealing to or encourage
2    consumption by persons under 21 years of age.
3    (b) No cannabis business establishment nor any other
4person or entity shall place or maintain, or cause to be placed
5or maintained, an advertisement of cannabis or a
6cannabis-infused product in any form or through any medium:
7        (1) within 1,000 feet of the perimeter of school
8    grounds, a playground, a recreation center or facility, a
9    child care center, a public park or public library, or a
10    game arcade to which admission is not restricted to
11    persons 21 years of age or older;
12        (2) on or in a public transit vehicle or public
13    transit shelter;
14        (3) on or in publicly owned or publicly operated
15    property; or
16        (4) that contains information that:
17            (A) is false or misleading;
18            (B) promotes excessive consumption;
19            (C) depicts a person under 21 years of age
20        consuming cannabis;
21            (D) includes the image of a cannabis leaf; or
22            (E) includes any image designed or likely to
23        appeal to minors, including cartoons, toys, animals,
24        or children, or any other likeness to images,
25        characters, or phrases that are popularly used to
26        advertise to children, or any imitation of candy

 

 

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1        packaging or labeling, or that promotes consumption of
2        cannabis.
3    Paragraphs (1), (2), and (3) of this subsection (b) do not
4apply to a newspaper, as defined in Section 5 of the Notice By
5Publication Act.
6    (b-5) A cannabis business establishment shall not
7advertise in a newspaper if more than 30% of the newspaper's
8readership is reasonably expected to be under the age of 21.
9    (c) Subsections (a), and (b), and (b-5) do not apply to an
10educational message.
11    (d) Sales promotions. No cannabis business establishment
12nor any other person or entity may encourage the sale of
13cannabis or cannabis products by giving away cannabis or
14cannabis products, by conducting games or competitions related
15to the consumption of cannabis or cannabis products, or by
16providing promotional materials or activities of a manner or
17type that would be appealing to children.
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)