Bill Text: IL HB3319 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3319 Detail]

Download: Illinois-2021-HB3319-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3319 Introduced , 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.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Regulation and Tax Act is amended
by changing Section 55-20 as follows:
(410 ILCS 705/55-20)
Sec. 55-20. Advertising and promotions.
(a) No cannabis business establishment nor any other
person or entity shall engage in advertising that contains any
statement or illustration that:
(1) is false or misleading;
(2) promotes overconsumption of cannabis or cannabis
products;
(3) depicts the actual consumption of cannabis or
cannabis products;
(4) depicts a person under 21 years of age consuming
cannabis;
(5) makes any health, medicinal, or therapeutic claims
about cannabis or cannabis-infused products;
(6) includes the image of a cannabis leaf or bud; or
(7) includes any image designed or likely to appeal to
minors, including cartoons, toys, animals, or children, or
any other likeness to images, characters, or phrases that

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

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packaging or labeling, or that promotes consumption of
cannabis.
(b-5) Paragraphs (1), (2), and (3) of subsection (b) do
not apply if the cannabis business establishment is
advertising via marketing directed toward an application on an
Internet-capable electronic device, including, but not limited
to, a cellular telephone, 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, including, but not limited
to, deleting the application.
(c) Subsections (a) and (b) do not apply to an educational
message.
(d) Sales promotions. No cannabis business establishment
nor any other person or entity may encourage the sale of
cannabis or cannabis products by giving away cannabis or
cannabis products, by conducting games or competitions related
to the consumption of cannabis or cannabis products, or by
providing promotional materials or activities of a manner or
type that would be appealing to children.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.