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State by State Background
Illinois

Cannabis Advertising State Regulations

Download the State By State Cannabis Ad Regulations Ebook

Illinois State Advertising Regulations

Recreational cannabis laws were passed on January 1st, 2020. Illinois advertising laws can be found in the Cannabis Regulation and Tax Act. Illinois state regulations defines advertising as the engagement in promotional activities, including, but not limited to: newspaper, radio, Internet, electronic media, and television advertising; the distribution of fliers and circulars; billboard advertising; and the display of window and interior signs.

No cannabis business establishment nor any other person or entity shall engage in advertising that 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 designed in any manner to be appealing to or encourage consumption by persons under 21 years of age.

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 that contains information that is false or misleading; promotes excessive consumption; depicts a person under 21 years of age consuming cannabis.

Other provisions related to digital advertising

No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that is false or misleading; promotes overconsumption of cannabis or cannabis products; depicts the actual consumption of cannabis or cannabis products; depicts a person under 21 years of age consuming cannabis; makes health, medicinal, or therapeutic claims about cannabis or cannabis-infused products; includes the image of a cannabis leaf or bud.

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 that 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 imitation of candy packaging or labeling, or that promotes consumption of cannabis.

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 that depicts a leaf.

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 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.

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 on or in a public transit vehicle or public transit shelter; or in a publicly owned or publicly operated property.

Discounts / Promotions:

Allowed - No freebies, games, or competitions

Creative Guidelines:

  • no image of cannabis leaf or bud
  • no cartoons, toys, animals appealing to children

Synopsis:

Section 410 ILCS 705/55-20 - 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 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 packaging or labeling, or that promotes consumption of cannabis.

(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.

Disclaimer

Please note that we are not legal professionals, and the information provided in this article should not be interpreted as legal advice. We strongly recommend consulting with legal counsel to ensure compliance with all applicable laws and regulations.