An Illinois House representative recently sponsored “advertising amendments” to the Cannabis Regulation and Tax Act, including a maximum fine of $10,000 and possible civil action from the Attorney General or the State’s Attorney for violating the law.

Rep. Patrick Windhorst introduced the following amendment January 27.

• 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.

These amendments were assigned to the Executive Committee February 9.

To read the line-by-line advertising restrictions already in the law, click here, or check below.

On February 9, Rep. La Shawn K. Ford also introduced the following “advertising” amendment.

• Prohibits cannabis product advertising from describing or referencing a cannabis product as “craft” unless the cannabis product is produced by a craft grower.

 

The following (410 ILCS 705/55-20) is the line-by-line restrictions already on the books.

3 Sec. 55-20. Advertising and promotions.

(Page 3)

4 (a) No cannabis business establishment nor any other

5 person or entity shall engage in advertising that contains any

6 statement 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

23 person or entity shall place or maintain, or cause to be placed

24 or maintained, an advertisement of cannabis or a

25 cannabis-infused product in any form or through any medium:

(Page 4)

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

24 message.

25 (d) Sales promotions. No cannabis business establishment

26 nor any other person or entity may encourage the sale of

(Page 5)

1 cannabis or cannabis products by giving away cannabis or

2 cannabis products, by conducting games or competitions related

3 to the consumption of cannabis or cannabis products, or by

4 providing promotional materials or activities of a manner or

5 type that would be appealing to children.

For more Illinois cannabis industry news, click here.