Bill Text: IL HB3970 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Cannabis Regulation and Tax Act. Provides that cannabis packaging must not contain neon or fluorescent colors; the words "candy", "candies", or any variant of those words, such as "kandy" or "kandeez"; things that are commonly used to market products to individuals under the age of 21, including symbols, images, characters, public figures, or phrases; or images of individuals who could reasonably appear to be under the age of 21. Modifies a prohibition of images on labels designed or likely to appeal to minors to include games. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2023-03-24 - Added Co-Sponsor Rep. Anne Stava-Murray [HB3970 Detail]

Download: Illinois-2023-HB3970-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3970 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
410 ILCS 705/55-21
Amends the Cannabis Regulation and Tax Act. Provides that cannabis packaging must not contain neon or fluorescent colors; the words "candy", "candies", or any variant of those words, such as "kandy" or "kandeez"; things that are commonly used to market products to individuals under the age of 21, including symbols, images, characters, public figures, or phrases; or images of individuals who could reasonably appear to be under the age of 21. Modifies a prohibition of images on labels designed or likely to appeal to minors to include games. Makes conforming changes.
LRB103 29914 AWJ 56326 b
A BILL FOR
HB3970 LRB103 29914 AWJ 56326 b
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 55-21 as follows:
(410 ILCS 705/55-21)
Sec. 55-21. Cannabis product packaging and labeling.
(a) Each cannabis product produced for sale shall be
registered with the Department of Agriculture on forms
provided by the Department of Agriculture. Each product
registration shall include a label and the required
registration fee at the rate established by the Department of
Agriculture for a comparable medical cannabis product, or as
established by rule. The registration fee is for the name of
the product offered for sale and one fee shall be sufficient
for all package sizes.
(b) All harvested cannabis intended for distribution to a
cannabis enterprise must be packaged in a sealed, labeled
container.
(c) Any product containing cannabis shall be sold in a
sealed, odor-proof, and child-resistant cannabis container
consistent with current standards, including the Consumer
Product Safety Commission standards referenced by the Poison

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

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

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(2) information that promotes excessive consumption;
(3) information that depicts a person under 21 years
of age consuming cannabis;
(4) information that includes the image of a cannabis
leaf;
(5) images includes any image designed or likely to
appeal to minors, including cartoons, toys, games,
animals, or children, or any other likeness to images,
characters, or phrases that are popularly used to
advertise to children, or any packaging or labeling that
bears reasonable resemblance to any product available for
consumption as a commercially available candy, or that
promotes consumption of cannabis;
(6) information that contains any seal, flag, crest,
coat of arms, or other insignia likely to mislead the
purchaser to believe that the product has been endorsed,
made, or used by the State of Illinois or any of its
representatives except where authorized by this Act; .
(7) neon or fluorescent colors;
(8) the words "candy", "candies", or any variant of
those words, such as "kandy" or "kandeez";
(9) things that are commonly used to market products
to individuals under the age of 21, including symbols,
images, characters, public figures, or phrases; or
(10) images of individuals who could reasonably appear
to be under the age of 21.

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(g) Cannabis products produced by concentrating or
extracting ingredients from the cannabis plant shall contain
the following information, where applicable:
(1) If solvents were used to create the concentrate or
extract, a statement that discloses the type of extraction
method, including any solvents or gases used to create the
concentrate or extract; and
(2) Any other chemicals or compounds used to produce
or were added to the concentrate or extract.
(h) All cannabis products must contain warning statements
established for purchasers, of a size that is legible and
readily visible to a consumer inspecting a package, which may
not be covered or obscured in any way. The Department of Public
Health shall define and update appropriate health warnings for
packages including specific labeling or warning requirements
for specific cannabis products.
(i) Unless modified by rule to strengthen or respond to
new evidence and science, the following warnings shall apply
to all cannabis products unless modified by rule: "This
product contains cannabis and is intended for use by adults 21
and over. Its use can impair cognition and may be habit
forming. This product should not be used by pregnant or
breastfeeding women. It is unlawful to sell or provide this
item to any individual, and it may not be transported outside
the State of Illinois. It is illegal to operate a motor vehicle
while under the influence of cannabis. Possession or use of

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this product may carry significant legal penalties in some
jurisdictions and under federal law.".
(j) Warnings for each of the following product types must
be present on labels when offered for sale to a purchaser:
(1) Cannabis that may be smoked must contain a
statement that "Smoking is hazardous to your health.".
(2) Cannabis-infused products (other than those
intended for topical application) must contain a statement
"CAUTION: This product contains cannabis, and intoxication
following use may be delayed 2 or more hours. This product
was produced in a facility that cultivates cannabis, and
that may also process common food allergens.".
(3) Cannabis-infused products intended for topical
application must contain a statement "DO NOT EAT" in bold,
capital letters.
(k) Each cannabis-infused product intended for consumption
must be individually packaged, must include the total
milligram content of THC and CBD, and may not include more than
a total of 100 milligrams of THC per package. A package may
contain multiple servings of 10 milligrams of THC, indicated
by scoring, wrapping, or by other indicators designating
individual serving sizes. The Department of Agriculture may
change the total amount of THC allowed for each package, or the
total amount of THC allowed for each serving size, by rule.
(l) No individual other than the purchaser may alter or
destroy any labeling affixed to the primary packaging of

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cannabis or cannabis-infused products.
(m) For each commercial weighing and measuring device used
at a facility, the cultivation center or craft grower must:
(1) Ensure that the commercial device is licensed
under the Weights and Measures Act and the associated
administrative rules (8 Ill. Adm. Code 600);
(2) Maintain documentation of the licensure of the
commercial device; and
(3) Provide a copy of the license of the commercial
device to the Department of Agriculture for review upon
request.
(n) It is the responsibility of the Department to ensure
that packaging and labeling requirements, including product
warnings, are enforced at all times for products provided to
purchasers. Product registration requirements and container
requirements may be modified by rule by the Department of
Agriculture.
(o) Labeling, including warning labels, may be modified by
rule by the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21.)