State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Eva-Dina Delgado


410 ILCS 705/55-21

    Amends the Cannabis Regulation and Tax Act. Requires cannabis-infused products that have been treated with radiation to conform to specified labeling requirements.

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1    AN ACT concerning safety.
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 55-21 as follows:
6    (410 ILCS 705/55-21)
7    Sec. 55-21. Cannabis product packaging and labeling.
8    (a) Each cannabis product produced for sale shall be
9registered with the Department of Agriculture on forms
10provided by the Department of Agriculture. Each product
11registration shall include a label and the required
12registration fee at the rate established by the Department of
13Agriculture for a comparable medical cannabis product, or as
14established by rule. The registration fee is for the name of
15the product offered for sale and one fee shall be sufficient
16for all package sizes.
17    (b) All harvested cannabis intended for distribution to a
18cannabis enterprise must be packaged in a sealed, labeled
20    (c) Any product containing cannabis shall be sold in a
21sealed, odor-proof, and child-resistant cannabis container
22consistent with current standards, including the Consumer
23Product Safety Commission standards referenced by the Poison



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1Prevention Act unless the sale is between or among a craft
2grower, infuser, or cultivation center.
3    (d) All cannabis-infused products shall be individually
4wrapped or packaged at the original point of preparation. The
5packaging of the cannabis-infused product shall conform to the
6labeling requirements of the Illinois Food, Drug and Cosmetic
7Act, in addition to the other requirements set forth in this
9    (e) Each cannabis product shall be labeled before sale and
10each label shall be securely affixed to the package and shall
11state in legible English and any languages required by the
12Department of Agriculture:
13        (1) the name and post office box of the registered
14    cultivation center or craft grower where the item was
15    manufactured;
16        (2) the common or usual name of the item and the
17    registered name of the cannabis product that was
18    registered with the Department of Agriculture under
19    subsection (a);
20        (3) a unique serial number that will match the product
21    with a cultivation center or craft grower batch and lot
22    number to facilitate any warnings or recalls the
23    Department of Agriculture, cultivation center, or craft
24    grower deems appropriate;
25        (4) the date of final testing and packaging, if
26    sampled, and the identification of the independent testing



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1    laboratory;
2        (5) the date of harvest and "use by" date;
3        (6) the quantity (in ounces or grams) of cannabis
4    contained in the product;
5        (7) a pass/fail rating based on the laboratory's
6    microbiological, mycotoxins, and pesticide and solvent
7    residue analyses, if sampled;
8        (8) content list.
9            (A) A list of the following, including the minimum
10        and maximum percentage content by weight for
11        subdivisions (e)(8)(A)(i) through (iv):
12                (i) delta-9-tetrahydrocannabinol (THC);
13                (ii) tetrahydrocannabinolic acid (THCA);
14                (iii) cannabidiol (CBD);
15                (iv) cannabidiolic acid (CBDA); and
16                (v) all other ingredients of the item,
17            including any colors, artificial flavors, and
18            preservatives, listed in descending order by
19            predominance of weight shown with common or usual
20            names.
21            (B) The acceptable tolerances for the minimum
22        percentage printed on the label for any of
23        subdivisions (e)(8)(A)(i) through (iv) shall not be
24        below 85% or above 115% of the labeled amount.
25    (f) Packaging must not contain information that:
26        (1) is false or misleading;



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1        (2) promotes excessive consumption;
2        (3) depicts a person under 21 years of age consuming
3    cannabis;
4        (4) includes the image of a cannabis leaf;
5        (5) includes any image designed or likely to appeal to
6    minors, including cartoons, toys, animals, or children, or
7    any other likeness to images, characters, or phrases that
8    are popularly used to advertise to children, or any
9    packaging or labeling that bears reasonable resemblance to
10    any product available for consumption as a commercially
11    available candy, or that promotes consumption of cannabis;
12        (6) contains any seal, flag, crest, coat of arms, or
13    other insignia likely to mislead the purchaser to believe
14    that the product has been endorsed, made, or used by the
15    State of Illinois or any of its representatives except
16    where authorized by this Act.
17    (g) Cannabis products produced by concentrating or
18extracting ingredients from the cannabis plant shall contain
19the following information, where applicable:
20        (1) If solvents were used to create the concentrate or
21    extract, a statement that discloses the type of extraction
22    method, including any solvents or gases used to create the
23    concentrate or extract; and
24        (2) Any other chemicals or compounds used to produce
25    or were added to the concentrate or extract.
26    (h) All cannabis products must contain warning statements



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1established for purchasers, of a size that is legible and
2readily visible to a consumer inspecting a package, which may
3not be covered or obscured in any way. The Department of Public
4Health shall define and update appropriate health warnings for
5packages including specific labeling or warning requirements
6for specific cannabis products.
7    (i) Unless modified by rule to strengthen or respond to
8new evidence and science, the following warnings shall apply
9to all cannabis products unless modified by rule: "This
10product contains cannabis and is intended for use by adults 21
11and over. Its use can impair cognition and may be habit
12forming. This product should not be used by pregnant or
13breastfeeding women. It is unlawful to sell or provide this
14item to any individual, and it may not be transported outside
15the State of Illinois. It is illegal to operate a motor vehicle
16while under the influence of cannabis. Possession or use of
17this product may carry significant legal penalties in some
18jurisdictions and under federal law.".
19    (j) Warnings for each of the following product types must
20be present on labels when offered for sale to a purchaser:
21        (1) Cannabis that may be smoked must contain a
22    statement that "Smoking is hazardous to your health.".
23        (2) Cannabis-infused products (other than those
24    intended for topical application) must contain a statement
25    "CAUTION: This product contains cannabis, and intoxication
26    following use may be delayed 2 or more hours. This product



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1    was produced in a facility that cultivates cannabis, and
2    that may also process common food allergens.".
3        (3) Cannabis-infused products intended for topical
4    application must contain a statement "DO NOT EAT" in bold,
5    capital letters.
6        (4) Cannabis-infused products that have been treated
7    with radiation at any time must contain the radura symbol
8    used by the United States Food and Drug Administration and
9    a statement in bold lettering that reads: "NOTICE: This
10    product contains ingredients that have been treated with
11    radiation".
12    (k) Each cannabis-infused product intended for consumption
13must be individually packaged, must include the total
14milligram content of THC and CBD, and may not include more than
15a total of 100 milligrams of THC per package. A package may
16contain multiple servings of 10 milligrams of THC, indicated
17by scoring, wrapping, or by other indicators designating
18individual serving sizes. The Department of Agriculture may
19change the total amount of THC allowed for each package, or the
20total amount of THC allowed for each serving size, by rule.
21    (l) No individual other than the purchaser may alter or
22destroy any labeling affixed to the primary packaging of
23cannabis or cannabis-infused products.
24    (m) For each commercial weighing and measuring device used
25at a facility, the cultivation center or craft grower must:
26        (1) Ensure that the commercial device is licensed



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1    under the Weights and Measures Act and the associated
2    administrative rules (8 Ill. Adm. Code 600);
3        (2) Maintain documentation of the licensure of the
4    commercial device; and
5        (3) Provide a copy of the license of the commercial
6    device to the Department of Agriculture for review upon
7    request.
8    (n) It is the responsibility of the Department to ensure
9that packaging and labeling requirements, including product
10warnings, are enforced at all times for products provided to
11purchasers. Product registration requirements and container
12requirements may be modified by rule by the Department of
14    (o) Labeling, including warning labels, may be modified by
15rule by the Department of Agriculture.
16(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
17102-98, eff. 7-15-21.)