Illinois General Assembly - Full Text of HB3970
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Full Text of HB3970  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Norma Hernandez


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





HB3970LRB103 29914 AWJ 56326 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 55-21 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) information that is false or misleading;



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



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1    (g) Cannabis products produced by concentrating or
2extracting ingredients from the cannabis plant shall contain
3the following information, where applicable:
4        (1) If solvents were used to create the concentrate or
5    extract, a statement that discloses the type of extraction
6    method, including any solvents or gases used to create the
7    concentrate or extract; and
8        (2) Any other chemicals or compounds used to produce
9    or were added to the concentrate or extract.
10    (h) All cannabis products must contain warning statements
11established for purchasers, of a size that is legible and
12readily visible to a consumer inspecting a package, which may
13not be covered or obscured in any way. The Department of Public
14Health shall define and update appropriate health warnings for
15packages including specific labeling or warning requirements
16for specific cannabis products.
17    (i) Unless modified by rule to strengthen or respond to
18new evidence and science, the following warnings shall apply
19to all cannabis products unless modified by rule: "This
20product contains cannabis and is intended for use by adults 21
21and over. Its use can impair cognition and may be habit
22forming. This product should not be used by pregnant or
23breastfeeding women. It is unlawful to sell or provide this
24item to any individual, and it may not be transported outside
25the State of Illinois. It is illegal to operate a motor vehicle
26while under the influence of cannabis. Possession or use of



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1this product may carry significant legal penalties in some
2jurisdictions and under federal law.".
3    (j) Warnings for each of the following product types must
4be present on labels when offered for sale to a purchaser:
5        (1) Cannabis that may be smoked must contain a
6    statement that "Smoking is hazardous to your health.".
7        (2) Cannabis-infused products (other than those
8    intended for topical application) must contain a statement
9    "CAUTION: This product contains cannabis, and intoxication
10    following use may be delayed 2 or more hours. This product
11    was produced in a facility that cultivates cannabis, and
12    that may also process common food allergens.".
13        (3) Cannabis-infused products intended for topical
14    application must contain a statement "DO NOT EAT" in bold,
15    capital letters.
16    (k) Each cannabis-infused product intended for consumption
17must be individually packaged, must include the total
18milligram content of THC and CBD, and may not include more than
19a total of 100 milligrams of THC per package. A package may
20contain multiple servings of 10 milligrams of THC, indicated
21by scoring, wrapping, or by other indicators designating
22individual serving sizes. The Department of Agriculture may
23change the total amount of THC allowed for each package, or the
24total amount of THC allowed for each serving size, by rule.
25    (l) No individual other than the purchaser may alter or
26destroy any labeling affixed to the primary packaging of



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1cannabis or cannabis-infused products.
2    (m) For each commercial weighing and measuring device used
3at a facility, the cultivation center or craft grower must:
4        (1) Ensure that the commercial device is licensed
5    under the Weights and Measures Act and the associated
6    administrative rules (8 Ill. Adm. Code 600);
7        (2) Maintain documentation of the licensure of the
8    commercial device; and
9        (3) Provide a copy of the license of the commercial
10    device to the Department of Agriculture for review upon
11    request.
12    (n) It is the responsibility of the Department to ensure
13that packaging and labeling requirements, including product
14warnings, are enforced at all times for products provided to
15purchasers. Product registration requirements and container
16requirements may be modified by rule by the Department of
18    (o) Labeling, including warning labels, may be modified by
19rule by the Department of Agriculture.
20(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
21102-98, eff. 7-15-21.)