Illinois General Assembly - Full Text of HB3319
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Full Text of HB3319  102nd General Assembly

HB3319 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 13944 CPF 19296 b

 

 

A BILL FOR

 

HB3319LRB102 13944 CPF 19296 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

 

 

HB3319- 2 -LRB102 13944 CPF 19296 b

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

 

 

HB3319- 3 -LRB102 13944 CPF 19296 b

1        packaging or labeling, or that promotes consumption of
2        cannabis.
3    (b-5) Paragraphs (1), (2), and (3) of subsection (b) do
4not apply if the cannabis business establishment is
5advertising via marketing directed toward an application on an
6Internet-capable electronic device, including, but not limited
7to, a cellular telephone, and the application:
8        (1) is limited to installation and use on an
9    Internet-capable electronic device by an individual who is
10    21 years of age or older; and
11        (2) includes a permanent mechanism to opt out of using
12    or installing the application, including, but not limited
13    to, deleting the application.
14    (c) Subsections (a) and (b) do not apply to an educational
15message.
16    (d) Sales promotions. No cannabis business establishment
17nor any other person or entity may encourage the sale of
18cannabis or cannabis products by giving away cannabis or
19cannabis products, by conducting games or competitions related
20to the consumption of cannabis or cannabis products, or by
21providing promotional materials or activities of a manner or
22type that would be appealing to children.
23(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.