HB4339 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4339

 

Introduced 1/29/2020, 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.


LRB101 17718 CPF 67145 b

 

 

A BILL FOR

 

HB4339LRB101 17718 CPF 67145 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 person
9or 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 person
4or entity shall place or maintain, or cause to be placed or
5maintained, an advertisement of cannabis or a cannabis-infused
6product 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 persons
11    21 years of age or older;
12        (2) on or in a public transit vehicle or public transit
13    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 appeal
23        to minors, including cartoons, toys, animals, or
24        children, or any other likeness to images, characters,
25        or phrases that are popularly used to advertise to
26        children, or any imitation of candy packaging or

 

 

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