Illinois Cannabis Advertising Laws

Allowed - No freebies, games, or competitions

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

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.

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OOH Advertising laws

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(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 schoolgrounds, 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.

Signs Requiring Permits and Registrations:

The following types of signs may be erected and maintained only after a permit or registration has been issued by the Department. Further, existing signs erected pursuant to the Act can only be re-erected or improved (any change that adds value to the sign) subsequent to the receipt of a permit

(a) Signs in business areas other than directional signs, official signs, official notices, public utility signs, or those nonbusiness area signs described in subsections (a), (b), and (c);

b) Any sign listed in subsections (a) through (d) that, after receiving a permit or a registration, is erected again, is enlarged or extended by the sign owner. These signs shall require new permits and payment of the application fee. Business Area:

"Business Area" means any part of an area adjacent to and within 660 feet of the right-of-way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area. However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town.

On Premise: "On premise signs" means those signs which advertise activities conducted on the property on which they are located. Variety seed signs, fertilizer signs, and other agricultural product signs are not on premise signs unless at least 50 percent of the sign face is devoted to identification of the farm owner or operator. A sale or lease sign which also advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located is not an on premise sign. On Premise are not required to be permitted and are only required to not be erected on or over state right of way.

Off Premise: Signs that are advertising a business, function, entity or service that is not located on the same property as the sign are “Off Premise” signs. Any of premise sign located on private property along a controlled route is required to have a permit and follow the rules and regulations for size, spacing, and lighting. Illegal signs:

The following signs shall not be erected or maintained:

a) Signs located within the right-of-way of an Interstate or primary highway or on any structure, wire, cable, or other device over or above an Interstate or primary highway right-of-way except the following:

1) Signs designating the name of the railroad which owns the bridge.

2) Signs designating the clearance provided by the bridge.

3) Public utility signs.

4) Signs required by the Code.

5) Signs required by the Illinois Vehicle Code [625 ILCS 5].

6) Signs, displays and devices giving specific information in the interest of the traveling public erected and maintained by the Department or by the Illinois State Toll Highway Authority.

b) Signs that attempt or appear to attempt to direct the movement of traffic or which contain wording, color or shape which is similar to official traffic control signs or other traffic control devices

c) Signs that contain oscillating, rotating, flashing, intermittent or moving light or lights, except the following:

1) Signs giving public service information including but not limited to time, weather, date and temperature and multiple message signs with displays that change not more frequently than once every 10 seconds.

2) Pole supported business or brand identification signs inside business areas with constant illumination and color and in which the only movement is a slow rotation of the entire body of the sign so as to be visible from all directions.

3) On premise signs which comply with the multiple message designation.

d) Signs that are erected, painted or drawn upon trees, rocks or other natural features.

e) Signs that are obsolete (i.e., advertises something that is no longer there), abandoned (i.e., where no message or display appears for one year, unless such display advertises the availability of the sign), or structurally unsafe or in disrepair, unless such structural conditions may be repaired in accordance with the provisions of the Act, and the sign owner agrees in writing to make the repairs within 30 days after receipt of the notice to remove.

f) Signs that project beams or rays of light at the travelled way of a State highway or cause such beams or rays to create glare or to impair the vision of a driver of any motor vehicle.

g) Signs that are located within 1,000 feet of official traffic signs, signals, or devices and obscure or interfere with a driver's view of such sign, signal or device.

h) Signs that are located within 1,000 feet of approaching, merging or intersecting traffic and obscure or interfere with a driver's view of such traffic.

i) Signs that require a permit for erection or registration and for which no permit or registration has been issued.

j) Signs that advertise activities that are illegal under Federal, State or local law in effect at the location of those signs or activities.

k) Signs (other than multiple message signs) that contain any animated or moving parts.

l) Signs that violate airport hazard zoning regulations adopted by the Department pursuant to the Airport Zoning Act [620 ILCS 25].

m) Signs erected adjacent to a scenic byway that is a primary or Interstate highway after August 2, 1996, except Directional, Official, for Sale or Lease, on premises, public utility, or traveling public information signs. n) Registered non-conforming signs that are damaged, as defined in Section 522.20 (definition of Damaged Signs), unless maintained or repaired, as defined in Section 522.20 (definition of Erect).

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CBD State Legality - Fully legal

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