Illinois 2023-2024 Regular Session

Illinois House Bill HB2812 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2812 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 35 ILCS 105/3-10 410 ILCS 130/105410 ILCS 705/55-21 Amends the Compassionate Use of Medical Cannabis Program Act. Provides that a medical cannabis container shall be compliant with standards established by the Consumer Product Safety Commission, unless the medical cannabis container carries a warning that it is not recommended for use in households with children. Amends the Use Tax Act and the Cannabis Regulation and Tax Act to make corresponding changes. LRB103 29816 CPF 56224 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2812 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 35 ILCS 105/3-10 410 ILCS 130/105410 ILCS 705/55-21 35 ILCS 105/3-10 410 ILCS 130/105 410 ILCS 705/55-21 Amends the Compassionate Use of Medical Cannabis Program Act. Provides that a medical cannabis container shall be compliant with standards established by the Consumer Product Safety Commission, unless the medical cannabis container carries a warning that it is not recommended for use in households with children. Amends the Use Tax Act and the Cannabis Regulation and Tax Act to make corresponding changes. LRB103 29816 CPF 56224 b LRB103 29816 CPF 56224 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2812 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
3	3	35 ILCS 105/3-10 410 ILCS 130/105410 ILCS 705/55-21 35 ILCS 105/3-10 410 ILCS 130/105 410 ILCS 705/55-21
4	4	35 ILCS 105/3-10
5	5	410 ILCS 130/105
6	6	410 ILCS 705/55-21
7	7	Amends the Compassionate Use of Medical Cannabis Program Act. Provides that a medical cannabis container shall be compliant with standards established by the Consumer Product Safety Commission, unless the medical cannabis container carries a warning that it is not recommended for use in households with children. Amends the Use Tax Act and the Cannabis Regulation and Tax Act to make corresponding changes.
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10	10	A BILL FOR
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12	12	HB2812 LRB103 29816 CPF 56224 b
13	13	1 AN ACT concerning safety.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Use Tax Act is amended by changing Section
17	17	5 3-10 as follows:
18	18	6 (35 ILCS 105/3-10)
19	19	7 Sec. 3-10. Rate of tax. Unless otherwise provided in this
20	20	8 Section, the tax imposed by this Act is at the rate of 6.25% of
21	21	9 either the selling price or the fair market value, if any, of
22	22	10 the tangible personal property. In all cases where property
23	23	11 functionally used or consumed is the same as the property that
24	24	12 was purchased at retail, then the tax is imposed on the selling
25	25	13 price of the property. In all cases where property
26	26	14 functionally used or consumed is a by-product or waste product
27	27	15 that has been refined, manufactured, or produced from property
28	28	16 purchased at retail, then the tax is imposed on the lower of
29	29	17 the fair market value, if any, of the specific property so used
30	30	18 in this State or on the selling price of the property purchased
31	31	19 at retail. For purposes of this Section "fair market value"
32	32	20 means the price at which property would change hands between a
33	33	21 willing buyer and a willing seller, neither being under any
34	34	22 compulsion to buy or sell and both having reasonable knowledge
35	35	23 of the relevant facts. The fair market value shall be
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2812 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
40	40	35 ILCS 105/3-10 410 ILCS 130/105410 ILCS 705/55-21 35 ILCS 105/3-10 410 ILCS 130/105 410 ILCS 705/55-21
41	41	35 ILCS 105/3-10
42	42	410 ILCS 130/105
43	43	410 ILCS 705/55-21
44	44	Amends the Compassionate Use of Medical Cannabis Program Act. Provides that a medical cannabis container shall be compliant with standards established by the Consumer Product Safety Commission, unless the medical cannabis container carries a warning that it is not recommended for use in households with children. Amends the Use Tax Act and the Cannabis Regulation and Tax Act to make corresponding changes.
45	45	LRB103 29816 CPF 56224 b LRB103 29816 CPF 56224 b
46	46	LRB103 29816 CPF 56224 b
47	47	A BILL FOR
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55	55	410 ILCS 705/55-21
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74	74	1 established by Illinois sales by the taxpayer of the same
75	75	2 property as that functionally used or consumed, or if there
76	76	3 are no such sales by the taxpayer, then comparable sales or
77	77	4 purchases of property of like kind and character in Illinois.
78	78	5 Beginning on July 1, 2000 and through December 31, 2000,
79	79	6 with respect to motor fuel, as defined in Section 1.1 of the
80	80	7 Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
81	81	8 the Use Tax Act, the tax is imposed at the rate of 1.25%.
82	82	9 Beginning on August 6, 2010 through August 15, 2010, and
83	83	10 beginning again on August 5, 2022 through August 14, 2022,
84	84	11 with respect to sales tax holiday items as defined in Section
85	85	12 3-6 of this Act, the tax is imposed at the rate of 1.25%.
86	86	13 With respect to gasohol, the tax imposed by this Act
87	87	14 applies to (i) 70% of the proceeds of sales made on or after
88	88	15 January 1, 1990, and before July 1, 2003, (ii) 80% of the
89	89	16 proceeds of sales made on or after July 1, 2003 and on or
90	90	17 before July 1, 2017, and (iii) 100% of the proceeds of sales
91	91	18 made thereafter. If, at any time, however, the tax under this
92	92	19 Act on sales of gasohol is imposed at the rate of 1.25%, then
93	93	20 the tax imposed by this Act applies to 100% of the proceeds of
94	94	21 sales of gasohol made during that time.
95	95	22 With respect to majority blended ethanol fuel, the tax
96	96	23 imposed by this Act does not apply to the proceeds of sales
97	97	24 made on or after July 1, 2003 and on or before December 31,
98	98	25 2023 but applies to 100% of the proceeds of sales made
99	99	26 thereafter.
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110	110	1 With respect to biodiesel blends with no less than 1% and
111	111	2 no more than 10% biodiesel, the tax imposed by this Act applies
112	112	3 to (i) 80% of the proceeds of sales made on or after July 1,
113	113	4 2003 and on or before December 31, 2018 and (ii) 100% of the
114	114	5 proceeds of sales made after December 31, 2018 and before
115	115	6 January 1, 2024. On and after January 1, 2024 and on or before
116	116	7 December 31, 2030, the taxation of biodiesel, renewable
117	117	8 diesel, and biodiesel blends shall be as provided in Section
118	118	9 3-5.1. If, at any time, however, the tax under this Act on
119	119	10 sales of biodiesel blends with no less than 1% and no more than
120	120	11 10% biodiesel is imposed at the rate of 1.25%, then the tax
121	121	12 imposed by this Act applies to 100% of the proceeds of sales of
122	122	13 biodiesel blends with no less than 1% and no more than 10%
123	123	14 biodiesel made during that time.
124	124	15 With respect to biodiesel and biodiesel blends with more
125	125	16 than 10% but no more than 99% biodiesel, the tax imposed by
126	126	17 this Act does not apply to the proceeds of sales made on or
127	127	18 after July 1, 2003 and on or before December 31, 2023. On and
128	128	19 after January 1, 2024 and on or before December 31, 2030, the
129	129	20 taxation of biodiesel, renewable diesel, and biodiesel blends
130	130	21 shall be as provided in Section 3-5.1.
131	131	22 Until July 1, 2022 and beginning again on July 1, 2023,
132	132	23 with respect to food for human consumption that is to be
133	133	24 consumed off the premises where it is sold (other than
134	134	25 alcoholic beverages, food consisting of or infused with adult
135	135	26 use cannabis, soft drinks, and food that has been prepared for
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146	146	1 immediate consumption), the tax is imposed at the rate of 1%.
147	147	2 Beginning on July 1, 2022 and until July 1, 2023, with respect
148	148	3 to food for human consumption that is to be consumed off the
149	149	4 premises where it is sold (other than alcoholic beverages,
150	150	5 food consisting of or infused with adult use cannabis, soft
151	151	6 drinks, and food that has been prepared for immediate
152	152	7 consumption), the tax is imposed at the rate of 0%.
153	153	8 With respect to prescription and nonprescription
154	154	9 medicines, drugs, medical appliances, products classified as
155	155	10 Class III medical devices by the United States Food and Drug
156	156	11 Administration that are used for cancer treatment pursuant to
157	157	12 a prescription, as well as any accessories and components
158	158	13 related to those devices, modifications to a motor vehicle for
159	159	14 the purpose of rendering it usable by a person with a
160	160	15 disability, and insulin, blood sugar testing materials,
161	161	16 syringes, and needles used by human diabetics, the tax is
162	162	17 imposed at the rate of 1%. For the purposes of this Section,
163	163	18 until September 1, 2009: the term "soft drinks" means any
164	164	19 complete, finished, ready-to-use, non-alcoholic drink, whether
165	165	20 carbonated or not, including, but not limited to, soda water,
166	166	21 cola, fruit juice, vegetable juice, carbonated water, and all
167	167	22 other preparations commonly known as soft drinks of whatever
168	168	23 kind or description that are contained in any closed or sealed
169	169	24 bottle, can, carton, or container, regardless of size; but
170	170	25 "soft drinks" does not include coffee, tea, non-carbonated
171	171	26 water, infant formula, milk or milk products as defined in the
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182	182	1 Grade A Pasteurized Milk and Milk Products Act, or drinks
183	183	2 containing 50% or more natural fruit or vegetable juice.
184	184	3 Notwithstanding any other provisions of this Act,
185	185	4 beginning September 1, 2009, "soft drinks" means non-alcoholic
186	186	5 beverages that contain natural or artificial sweeteners. "Soft
187	187	6 drinks" does do not include beverages that contain milk or
188	188	7 milk products, soy, rice or similar milk substitutes, or
189	189	8 greater than 50% of vegetable or fruit juice by volume.
190	190	9 Until August 1, 2009, and notwithstanding any other
191	191	10 provisions of this Act, "food for human consumption that is to
192	192	11 be consumed off the premises where it is sold" includes all
193	193	12 food sold through a vending machine, except soft drinks and
194	194	13 food products that are dispensed hot from a vending machine,
195	195	14 regardless of the location of the vending machine. Beginning
196	196	15 August 1, 2009, and notwithstanding any other provisions of
197	197	16 this Act, "food for human consumption that is to be consumed
198	198	17 off the premises where it is sold" includes all food sold
199	199	18 through a vending machine, except soft drinks, candy, and food
200	200	19 products that are dispensed hot from a vending machine,
201	201	20 regardless of the location of the vending machine.
202	202	21 Notwithstanding any other provisions of this Act,
203	203	22 beginning September 1, 2009, "food for human consumption that
204	204	23 is to be consumed off the premises where it is sold" does not
205	205	24 include candy. For purposes of this Section, "candy" means a
206	206	25 preparation of sugar, honey, or other natural or artificial
207	207	26 sweeteners in combination with chocolate, fruits, nuts or
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218	218	1 other ingredients or flavorings in the form of bars, drops, or
219	219	2 pieces. "Candy" does not include any preparation that contains
220	220	3 flour or requires refrigeration.
221	221	4 Notwithstanding any other provisions of this Act,
222	222	5 beginning September 1, 2009, "nonprescription medicines and
223	223	6 drugs" does not include grooming and hygiene products. For
224	224	7 purposes of this Section, "grooming and hygiene products"
225	225	8 includes, but is not limited to, soaps and cleaning solutions,
226	226	9 shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
227	227	10 lotions and screens, unless those products are available by
228	228	11 prescription only, regardless of whether the products meet the
229	229	12 definition of "over-the-counter-drugs". For the purposes of
230	230	13 this paragraph, "over-the-counter-drug" means a drug for human
231	231	14 use that contains a label that identifies the product as a drug
232	232	15 as required by 21 CFR C.F.R. 201.66. The
233	233	16 "over-the-counter-drug" label includes:
234	234	17 (A) a A "Drug Facts" panel; or
235	235	18 (B) a A statement of the "active ingredient(s)" with a
236	236	19 list of those ingredients contained in the compound,
237	237	20 substance or preparation.
238	238	21 "Prescription Beginning on the effective date of this
239	239	22 amendatory Act of the 98th General Assembly, "prescription and
240	240	23 nonprescription medicines and drugs" includes medical cannabis
241	241	24 purchased by a qualifying patient or a designated caregiver
242	242	25 from a registered dispensing organization under the
243	243	26 Compassionate Use of Medical Cannabis Program Act or a
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254	254	1 secondary site dispensary or dispensary under the Cannabis
255	255	2 Regulation and Tax Act.
256	256	3 As used in this Section, "adult use cannabis" means
257	257	4 cannabis subject to tax under the Cannabis Cultivation
258	258	5 Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
259	259	6 and does not include cannabis subject to tax under the
260	260	7 Compassionate Use of Medical Cannabis Program Act.
261	261	8 If the property that is purchased at retail from a
262	262	9 retailer is acquired outside Illinois and used outside
263	263	10 Illinois before being brought to Illinois for use here and is
264	264	11 taxable under this Act, the "selling price" on which the tax is
265	265	12 computed shall be reduced by an amount that represents a
266	266	13 reasonable allowance for depreciation for the period of prior
267	267	14 out-of-state use.
268	268	15 (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19;
269	269	16 102-4, eff. 4-27-21; 102-700, Article 20, Section 20-5, eff.
270	270	17 4-19-22; 102-700, Article 60, Section 60-15, eff. 4-19-22;
271	271	18 102-700, Article 65, Section 65-5, eff. 4-19-22; revised
272	272	19 5-27-22.)
273	273	20 Section 10. The Compassionate Use of Medical Cannabis
274	274	21 Program Act is amended by changing Section 105 as follows:
275	275	22 (410 ILCS 130/105)
276	276	23 Sec. 105. Requirements; prohibitions; penalties for
277	277	24 cultivation centers.
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288	288	1 (a) The operating documents of a registered cultivation
289	289	2 center shall include procedures for the oversight of the
290	290	3 cultivation center, a cannabis plant monitoring system
291	291	4 including a physical inventory recorded weekly, a cannabis
292	292	5 container system including a physical inventory recorded
293	293	6 weekly, accurate record keeping, and a staffing plan.
294	294	7 (b) A registered cultivation center shall implement a
295	295	8 security plan reviewed by the Illinois State Police and
296	296	9 including but not limited to: facility access controls,
297	297	10 perimeter intrusion detection systems, personnel
298	298	11 identification systems, 24-hour surveillance system to monitor
299	299	12 the interior and exterior of the registered cultivation center
300	300	13 facility and accessible to authorized law enforcement and the
301	301	14 Department of Agriculture in real-time.
302	302	15 (c) A registered cultivation center may not be located
303	303	16 within 2,500 feet of the property line of a pre-existing
304	304	17 public or private preschool or elementary or secondary school
305	305	18 or day care center, day care home, group day care home, part
306	306	19 day child care facility, or an area zoned for residential use.
307	307	20 (d) All cultivation of cannabis for distribution to a
308	308	21 registered dispensing organization must take place in an
309	309	22 enclosed, locked facility as it applies to cultivation centers
310	310	23 at the physical address provided to the Department of
311	311	24 Agriculture during the registration process. The cultivation
312	312	25 center location shall only be accessed by the cultivation
313	313	26 center agents working for the registered cultivation center,
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324	324	1 Department of Agriculture staff performing inspections,
325	325	2 Department of Public Health staff performing inspections, law
326	326	3 enforcement or other emergency personnel, and contractors
327	327	4 working on jobs unrelated to medical cannabis, such as
328	328	5 installing or maintaining security devices or performing
329	329	6 electrical wiring.
330	330	7 (e) A cultivation center may not sell or distribute any
331	331	8 cannabis to any individual or entity other than another
332	332	9 cultivation center, a dispensing organization registered under
333	333	10 this Act, or a laboratory licensed by the Department of
334	334	11 Agriculture.
335	335	12 (f) All harvested cannabis intended for distribution to a
336	336	13 dispensing organization must be packaged in a labeled medical
337	337	14 cannabis container and entered into a data collection system.
338	338	15 A medical cannabis container shall be compliant with standards
339	339	16 established by the Consumer Product Safety Commission, unless
340	340	17 the medical cannabis container carries a warning that it is
341	341	18 not recommended for use in households with children.
342	342	19 (g) No person who has been convicted of an excluded
343	343	20 offense may be a cultivation center agent.
344	344	21 (h) Registered cultivation centers are subject to random
345	345	22 inspection by the Illinois State Police.
346	346	23 (i) Registered cultivation centers are subject to random
347	347	24 inspections by the Department of Agriculture and the
348	348	25 Department of Public Health.
349	349	26 (j) A cultivation center agent shall notify local law
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360	360	1 enforcement, the Illinois State Police, and the Department of
361	361	2 Agriculture within 24 hours of the discovery of any loss or
362	362	3 theft. Notification shall be made by phone or in-person, or by
363	363	4 written or electronic communication.
364	364	5 (k) A cultivation center shall comply with all State and
365	365	6 federal rules and regulations regarding the use of pesticides.
366	366	7 (Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
367	367	8 Section 15. The Cannabis Regulation and Tax Act is amended
368	368	9 by changing Section 55-21 as follows:
369	369	10 (410 ILCS 705/55-21)
370	370	11 Sec. 55-21. Cannabis product packaging and labeling.
371	371	12 (a) Each cannabis product produced for sale shall be
372	372	13 registered with the Department of Agriculture on forms
373	373	14 provided by the Department of Agriculture. Each product
374	374	15 registration shall include a label and the required
375	375	16 registration fee at the rate established by the Department of
376	376	17 Agriculture for a comparable medical cannabis product, or as
377	377	18 established by rule. The registration fee is for the name of
378	378	19 the product offered for sale and one fee shall be sufficient
379	379	20 for all package sizes.
380	380	21 (b) All harvested cannabis intended for distribution to a
381	381	22 cannabis enterprise must be packaged in a sealed, labeled
382	382	23 container.
383	383	24 (c) Any product containing cannabis shall be sold in a
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394	394	1 sealed, odor-proof, and child-resistant cannabis container
395	395	2 consistent with current standards, including the Consumer
396	396	3 Product Safety Commission standards referenced by the Poison
397	397	4 Prevention Act unless the sale is between or among a craft
398	398	5 grower, infuser, or cultivation center or the medical cannabis
399	399	6 container carries a warning that it is not recommended for use
400	400	7 in households with children.
401	401	8 (d) All cannabis-infused products shall be individually
402	402	9 wrapped or packaged at the original point of preparation. The
403	403	10 packaging of the cannabis-infused product shall conform to the
404	404	11 labeling requirements of the Illinois Food, Drug and Cosmetic
405	405	12 Act, in addition to the other requirements set forth in this
406	406	13 Section.
407	407	14 (e) Each cannabis product shall be labeled before sale and
408	408	15 each label shall be securely affixed to the package and shall
409	409	16 state in legible English and any languages required by the
410	410	17 Department of Agriculture:
411	411	18 (1) the name and post office box of the registered
412	412	19 cultivation center or craft grower where the item was
413	413	20 manufactured;
414	414	21 (2) the common or usual name of the item and the
415	415	22 registered name of the cannabis product that was
416	416	23 registered with the Department of Agriculture under
417	417	24 subsection (a);
418	418	25 (3) a unique serial number that will match the product
419	419	26 with a cultivation center or craft grower batch and lot
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430	430	1 number to facilitate any warnings or recalls the
431	431	2 Department of Agriculture, cultivation center, or craft
432	432	3 grower deems appropriate;
433	433	4 (4) the date of final testing and packaging, if
434	434	5 sampled, and the identification of the independent testing
435	435	6 laboratory;
436	436	7 (5) the date of harvest and "use by" date;
437	437	8 (6) the quantity (in ounces or grams) of cannabis
438	438	9 contained in the product;
439	439	10 (7) a pass/fail rating based on the laboratory's
440	440	11 microbiological, mycotoxins, and pesticide and solvent
441	441	12 residue analyses, if sampled;
442	442	13 (8) content list.
443	443	14 (A) A list of the following, including the minimum
444	444	15 and maximum percentage content by weight for
445	445	16 subdivisions (e)(8)(A)(i) through (iv):
446	446	17 (i) delta-9-tetrahydrocannabinol (THC);
447	447	18 (ii) tetrahydrocannabinolic acid (THCA);
448	448	19 (iii) cannabidiol (CBD);
449	449	20 (iv) cannabidiolic acid (CBDA); and
450	450	21 (v) all other ingredients of the item,
451	451	22 including any colors, artificial flavors, and
452	452	23 preservatives, listed in descending order by
453	453	24 predominance of weight shown with common or usual
454	454	25 names.
455	455	26 (B) The acceptable tolerances for the minimum
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466	466	1 percentage printed on the label for any of
467	467	2 subdivisions (e)(8)(A)(i) through (iv) shall not be
468	468	3 below 85% or above 115% of the labeled amount.
469	469	4 (f) Packaging must not contain information that:
470	470	5 (1) is false or misleading;
471	471	6 (2) promotes excessive consumption;
472	472	7 (3) depicts a person under 21 years of age consuming
473	473	8 cannabis;
474	474	9 (4) includes the image of a cannabis leaf;
475	475	10 (5) includes any image designed or likely to appeal to
476	476	11 minors, including cartoons, toys, animals, or children, or
477	477	12 any other likeness to images, characters, or phrases that
478	478	13 are popularly used to advertise to children, or any
479	479	14 packaging or labeling that bears reasonable resemblance to
480	480	15 any product available for consumption as a commercially
481	481	16 available candy, or that promotes consumption of cannabis;
482	482	17 (6) contains any seal, flag, crest, coat of arms, or
483	483	18 other insignia likely to mislead the purchaser to believe
484	484	19 that the product has been endorsed, made, or used by the
485	485	20 State of Illinois or any of its representatives except
486	486	21 where authorized by this Act.
487	487	22 (g) Cannabis products produced by concentrating or
488	488	23 extracting ingredients from the cannabis plant shall contain
489	489	24 the following information, where applicable:
490	490	25 (1) If solvents were used to create the concentrate or
491	491	26 extract, a statement that discloses the type of extraction
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502	502	1 method, including any solvents or gases used to create the
503	503	2 concentrate or extract; and
504	504	3 (2) Any other chemicals or compounds used to produce
505	505	4 or were added to the concentrate or extract.
506	506	5 (h) All cannabis products must contain warning statements
507	507	6 established for purchasers, of a size that is legible and
508	508	7 readily visible to a consumer inspecting a package, which may
509	509	8 not be covered or obscured in any way. The Department of Public
510	510	9 Health shall define and update appropriate health warnings for
511	511	10 packages including specific labeling or warning requirements
512	512	11 for specific cannabis products.
513	513	12 (i) Unless modified by rule to strengthen or respond to
514	514	13 new evidence and science, the following warnings shall apply
515	515	14 to all cannabis products unless modified by rule: "This
516	516	15 product contains cannabis and is intended for use by adults 21
517	517	16 and over. Its use can impair cognition and may be habit
518	518	17 forming. This product should not be used by pregnant or
519	519	18 breastfeeding women. It is unlawful to sell or provide this
520	520	19 item to any individual, and it may not be transported outside
521	521	20 the State of Illinois. It is illegal to operate a motor vehicle
522	522	21 while under the influence of cannabis. Possession or use of
523	523	22 this product may carry significant legal penalties in some
524	524	23 jurisdictions and under federal law.".
525	525	24 (j) Warnings for each of the following product types must
526	526	25 be present on labels when offered for sale to a purchaser:
527	527	26 (1) Cannabis that may be smoked must contain a
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538	538	1 statement that "Smoking is hazardous to your health.".
539	539	2 (2) Cannabis-infused products (other than those
540	540	3 intended for topical application) must contain a statement
541	541	4 "CAUTION: This product contains cannabis, and intoxication
542	542	5 following use may be delayed 2 or more hours. This product
543	543	6 was produced in a facility that cultivates cannabis, and
544	544	7 that may also process common food allergens.".
545	545	8 (3) Cannabis-infused products intended for topical
546	546	9 application must contain a statement "DO NOT EAT" in bold,
547	547	10 capital letters.
548	548	11 (k) Each cannabis-infused product intended for consumption
549	549	12 must be individually packaged, must include the total
550	550	13 milligram content of THC and CBD, and may not include more than
551	551	14 a total of 100 milligrams of THC per package. A package may
552	552	15 contain multiple servings of 10 milligrams of THC, indicated
553	553	16 by scoring, wrapping, or by other indicators designating
554	554	17 individual serving sizes. The Department of Agriculture may
555	555	18 change the total amount of THC allowed for each package, or the
556	556	19 total amount of THC allowed for each serving size, by rule.
557	557	20 (l) No individual other than the purchaser may alter or
558	558	21 destroy any labeling affixed to the primary packaging of
559	559	22 cannabis or cannabis-infused products.
560	560	23 (m) For each commercial weighing and measuring device used
561	561	24 at a facility, the cultivation center or craft grower must:
562	562	25 (1) Ensure that the commercial device is licensed
563	563	26 under the Weights and Measures Act and the associated
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574	574	1 administrative rules (8 Ill. Adm. Code 600);
575	575	2 (2) Maintain documentation of the licensure of the
576	576	3 commercial device; and
577	577	4 (3) Provide a copy of the license of the commercial
578	578	5 device to the Department of Agriculture for review upon
579	579	6 request.
580	580	7 (n) It is the responsibility of the Department to ensure
581	581	8 that packaging and labeling requirements, including product
582	582	9 warnings, are enforced at all times for products provided to
583	583	10 purchasers. Product registration requirements and container
584	584	11 requirements may be modified by rule by the Department of
585	585	12 Agriculture.
586	586	13 (o) Labeling, including warning labels, may be modified by
587	587	14 rule by the Department of Agriculture.
588	588	15 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
589	589	16 102-98, eff. 7-15-21.)
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