Illinois

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Under Illinois law, there are various statutes and regulations that set forth requirements and prohibitions for advertising, promotion, packaging, and labeling of cannabis and cannabis-infused products. These rules are intended to protect consumers, and especially minors, from advertising that is misleading or targeted at children. The rules also are intended to protect consumers by requiring the accurate listing of ingredients in cannabis products, and, in certain instances, they require warnings on cannabis products, such as that smoking may be harmful to health. They also ensure that cannabis products are properly packaged, so that the products are sealed and marked.Continue Reading Dos and Don’ts for Advertising, Packaging and Labeling of Cannabis Products in Illinois

The Illinois Cannabis Regulation and Tax Act (“CRTA”), which was enacted in 2019, legalized recreational adult use cannabis in Illinois. The CRTA also created a Social Equity Program intended to offer disadvantaged people, communities of color, and those disproportionately impacted by the war on drugs an opportunity to benefit from the cannabis industry. Pursuant to the Social Equity Program, the Illinois Department of Agriculture (“IDOA”) awards points to applicants for cannabis licenses based on factors such as residing in an area disproportionately impacted by prior laws criminalizing cannabis and veteran status.[1] The program was widely praised and seen by many as a potential blueprint for other states. In practice, however, administration of the Social Equity Program has proved fraught with difficulties. Various types of applicants that have been denied the valuable licenses have sued IDOA, claiming that the department wrongfully denied their licenses. Continue Reading New Litigation Continues to Challenge the Social Equity and Scoring Process of the Illinois Cannabis Regulation And Tax Act