Illinois General Assembly - Full Text of HB5123
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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

    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.


LRB102 22538 CPF 35004 b

 

 

A BILL FOR

 

HB5123LRB102 22538 CPF 35004 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 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
9of cannabis, with or without remuneration, to a person under
1021 years of age, or to allow a person under 21 years of age to
11purchase, possess, use, process, transport, grow, or consume
12cannabis except where authorized by the Compassionate Use of
13Medical Cannabis Program Act or by the Community College
14Cannabis Vocational Pilot Program.
15    (b) Notwithstanding any other provisions of law
16authorizing the possession of medical cannabis, nothing in
17this Act authorizes a person who is under 21 years of age to
18possess or use cannabis. A person under 21 years of age with
19cannabis in his or her possession or who uses cannabis is
20guilty of a Class A misdemeanor civil law violation as
21outlined in paragraph (a) of Section 4 of the Cannabis Control
22Act.
23    (c) If the person under the age of 21 was in a motor

 

 

HB5123- 2 -LRB102 22538 CPF 35004 b

1vehicle at the time of the offense, the Secretary of State may
2suspend or revoke the driving privileges of any person for a
3violation of this Section under Section 6-206 of the Illinois
4Vehicle Code and the rules adopted under it.
5    (d) It is unlawful for any parent or guardian to knowingly
6permit his or her residence, any other private property under
7his or her control, or any vehicle, conveyance, or watercraft
8under his or her control to be used by an invitee of the
9parent's child or the guardian's ward, if the invitee is under
10the age of 21, in a manner that constitutes a violation of this
11Section. A parent or guardian is deemed to have knowingly
12permitted his or her residence, any other private property
13under his or her control, or any vehicle, conveyance, or
14watercraft under his or her control to be used in violation of
15this Section if he or she knowingly authorizes or permits
16consumption of cannabis by underage invitees. Any person who
17violates this subsection (d) is guilty of a Class A
18misdemeanor and the person's sentence shall include, but shall
19not be limited to, a fine of not less than $500. If a violation
20of this subsection (d) directly or indirectly results in great
21bodily harm or death to any person, the person violating this
22subsection is guilty of a Class 4 felony. In this subsection
23(d), where the residence or other property has an owner and a
24tenant or lessee, the trier of fact may infer that the
25residence or other property is occupied only by the tenant or
26lessee.

 

 

HB5123- 3 -LRB102 22538 CPF 35004 b

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
5person or entity shall engage in advertising that contains any
6statement 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
23person or entity shall place or maintain, or cause to be placed
24or maintained, an advertisement of cannabis or a
25cannabis-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
24message.
25    (d) Sales promotions. No cannabis business establishment
26nor any other person or entity may encourage the sale of

 

 

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1cannabis or cannabis products by giving away cannabis or
2cannabis products, by conducting games or competitions related
3to the consumption of cannabis or cannabis products, or by
4providing promotional materials or activities of a manner or
5type that would be appealing to children.
6    (e) Any violation of subsection (a), (b), or (d) is a
7business offense subject to a minimum fine of $501 and a
8maximum fine of $10,000. Every calendar day that the violation
9of subsection (a) or (b) occurs is a separate offense. In
10addition to any other penalties and remedies under this
11Section, the Attorney General or the State's Attorney may
12maintain a civil action against any person or entity who
13violates subsection (a), (b), or (d). In such civil action,
14the court may exercise all powers necessary, including, but
15not limited to: injunctive relief, revocation, forfeiture, or
16suspension of any license granted under this Act.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)