CANNABIS-ACCIDENTAL INGESTION

Illinois General Assembly - Full Text of SB2866

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB2866

Home

Legislation

Full Text

SB2866 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2866

Introduced 1/16/2026, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

410 ILCS 705/15-65
410 ILCS 705/55-16 new
410 ILCS 705/55-21

Amends the Cannabis Regulation and Tax Act. Specifies that the
purchaser education support policies that are maintained by dispensing
organizations must include information on the use of locked storage bags
to prevent access to cannabis by children. Requires any dispensing
organization that sells edible cannabis-infused products to display a
placard that, among other things, states: "Cannabis products should be
kept away from children and safely stored in a locked storage container."
Requires dispensing organizations that are authorized to serve registered
qualifying patients, caregivers, or purchasers and that offer
cannabis-infused products or cannabis-infused products intended for
topical use to stock for sale lockable, opaque storage containers designed
to prevent access to cannabis products by children. In provisions
regarding required warnings for cannabis-infused products, adds a required
warning that the product must be stored out of reach of children and should
be in a locked container and that provides the phone number to the Illinois
Poison Center in case of accidental use.
LRB104 17194 BDA 30613 b

A BILL FOR

SB2866
LRB104 17194 BDA 30613 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Cannabis Regulation and Tax Act is amended
5
by changing Sections 15-65 and 55-21 and by adding Section
6
55-16 as follows:

7

(410 ILCS 705/15-65)
8

Sec. 15-65.
Administration.
9

(a) A dispensing organization shall establish, maintain,
10
and comply with written policies and procedures as submitted
11
in the Business, Financial and Operating plan as required in
12
this Article or by rules established by the Department, and
13
approved by the Department, for the security, storage,
14
inventory, and distribution of cannabis. These policies and
15
procedures shall include methods for identifying, recording,
16
and reporting diversion, theft, or loss, and for correcting
17
errors and inaccuracies in inventories. At a minimum,
18
dispensing organizations shall ensure the written policies and
19
procedures provide for the following:
20

(1) Mandatory and voluntary recalls of cannabis
21

products. The policies shall be adequate to deal with
22

recalls due to any action initiated at the request of the
23

Department and any voluntary action by the dispensing

SB2866
- 2 -
LRB104 17194 BDA 30613 b
1

organization to remove defective or potentially defective
2

cannabis from the market or any action undertaken to
3

promote public health and safety, including:
4

(i) A mechanism reasonably calculated to contact
5

purchasers who have, or likely have, obtained the
6

product from the dispensary, including information on
7

the policy for return of the recalled product;
8

(ii) A mechanism to identify and contact the adult
9

use cultivation center, craft grower, or infuser that
10

manufactured the cannabis;
11

(iii) Policies for communicating with the
12

Department, the Department of Agriculture, and the
13

Department of Public Health within 24 hours of
14

discovering defective or potentially defective
15

cannabis; and
16

(iv) Policies for destruction of any recalled
17

cannabis product;
18

(2) Responses to local, State, or national
19

emergencies, including natural disasters, that affect the
20

security or operation of a dispensary;
21

(3) Segregation and destruction of outdated, damaged,
22

deteriorated, misbranded, or adulterated cannabis. This
23

procedure shall provide for written documentation of the
24

cannabis disposition;
25

(4) Ensure the oldest stock of a cannabis product is
26

distributed first. The procedure may permit deviation from

SB2866
- 3 -
LRB104 17194 BDA 30613 b
1

this requirement, if such deviation is temporary and
2

appropriate;
3

(5) Training of dispensing organization agents in the
4

provisions of this Act and rules, to effectively operate
5

the point-of-sale system and the State's verification
6

system, proper inventory handling and tracking, specific
7

uses of cannabis or cannabis-infused products, instruction
8

regarding regulatory inspection preparedness and law
9

enforcement interaction, awareness of the legal
10

requirements for maintaining status as an agent, and other
11

topics as specified by the dispensing organization or the
12

Department. The dispensing organization shall maintain
13

evidence of all training provided to each agent in its
14

files that is subject to inspection and audit by the
15

Department. The dispensing organization shall ensure
16

agents receive a minimum of 8 hours of training subject to
17

the requirements in subsection (i) of Section 15-40
18

annually, unless otherwise approved by the Department;
19

(6) Maintenance of business records consistent with
20

industry standards, including bylaws, consents, manual or
21

computerized records of assets and liabilities, audits,
22

monetary transactions, journals, ledgers, and supporting
23

documents, including agreements, checks, invoices,
24

receipts, and vouchers. Records shall be maintained in a
25

manner consistent with this Act and shall be retained for
26

5 years;

SB2866
- 4 -
LRB104 17194 BDA 30613 b
1

(7) Inventory control, including:
2

(i) Tracking purchases and denials of sale;
3

(ii) Disposal of unusable or damaged cannabis as
4

required by this Act and rules; and
5

(8) Purchaser education and support, including:
6

(i) Whether possession of cannabis is illegal
7

under federal law;
8

(ii) Current educational information issued by the
9

Department of Public Health about the health risks
10

associated with the use or abuse of cannabis;
11

(iii) Information about possible side effects;
12

(iv) Prohibition on smoking cannabis in public
13

places;
and
14

(v) Information on the use of locked storage bags
15

to prevent access by children; and

16

(vi)

(v)
Offering any other appropriate purchaser
17

education or support materials.
18

(b) Blank.
19

(c) A dispensing organization shall maintain copies of the
20
policies and procedures on the dispensary premises and provide
21
copies to the Department upon request. The dispensing
22
organization shall review the dispensing organization policies
23
and procedures at least once every 12 months from the issue
24
date of the license and update as needed due to changes in
25
industry standards or as requested by the Department.
26

(d) A dispensing organization shall ensure that each

SB2866
- 5 -
LRB104 17194 BDA 30613 b
1
principal officer and each dispensing organization agent has a
2
current agent identification card in the agent's immediate
3
possession when the agent is at the dispensary.
4

(e) A dispensing organization shall provide prompt written
5
notice to the Department, including the date of the event,
6
when a dispensing organization agent no longer is employed by
7
the dispensing organization.
8

(f) A dispensing organization shall promptly document and
9
report any loss or theft of cannabis from the dispensary to the
10
Illinois State Police and the Department. It is the duty of any
11
dispensing organization agent who becomes aware of the loss or
12
theft to report it as provided in this Article.
13

(g) A dispensing organization shall post the following
14
information in a conspicuous location in an area of the
15
dispensary accessible to consumers:
16

(1) The dispensing organization's license;
17

(2) The hours of operation.
18

(h) Signage that shall be posted inside the premises.
19

(1) All dispensing organizations must display a
20

placard that states the following: "Cannabis consumption
21

can impair cognition and driving, is for adult use only,
22

may be habit forming, and should not be used by pregnant or
23

breastfeeding women.".
24

(2) Any dispensing organization that sells edible
25

cannabis-infused products must display a placard that
26

states the following:

SB2866
- 6 -
LRB104 17194 BDA 30613 b
1

(A) "Edible cannabis-infused products were
2

produced in a kitchen that may also process common
3

food allergens.";
and
4

(B) "The effects of cannabis products can vary
5

from person to person, and it can take as long as two
6

hours to feel the effects of some cannabis-infused
7

products. Carefully review the portion size
8

information and warnings contained on the product
9

packaging before consuming."
; and

.
10

(C) "Cannabis products should be kept away from
11

children and safely stored in a locked storage
12

container.".

13

(3) All of the required signage in this subsection (h)
14

shall be no smaller than 24 inches tall by 36 inches wide,
15

with typed letters no smaller than 2 inches. The signage
16

shall be clearly visible and readable by customers. The
17

signage shall be placed in the area where cannabis and
18

cannabis-infused products are sold and may be translated
19

into additional languages as needed. The Department may
20

require a dispensary to display the required signage in a
21

different language, other than English, if the Secretary
22

deems it necessary.
23

(i) A dispensing organization shall prominently post
24
notices inside the dispensing organization that state
25
activities that are strictly prohibited and punishable by law,
26
including, but not limited to:

SB2866
- 7 -
LRB104 17194 BDA 30613 b
1

(1) no minors permitted on the premises unless the
2

minor is a minor qualifying patient under the
3

Compassionate Use of Medical Cannabis Program Act;
4

(2) distribution to persons under the age of 21 is
5

prohibited;
6

(3) transportation of cannabis or cannabis products
7

across state lines is prohibited.
8
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
9
102-538, eff. 8-20-21.)

10

(410 ILCS 705/55-16 new)
11

Sec. 55-16.
Prevention of unintentional ingestion.
All
12
dispensing organizations that are authorized to serve
13
registered qualifying patients, caregivers, or purchasers and
14
that offer cannabis-infused products or cannabis-infused
15
products intended for topical use must stock for sale
16
lockable, opaque storage containers designed to prevent access
17
to cannabis products by children.

18

(410 ILCS 705/55-21)
19

Sec. 55-21.
Cannabis product packaging and labeling.
20

(a) Each cannabis product produced for sale shall be
21
registered with the Department of Agriculture on forms
22
provided by the Department of Agriculture. Each product
23
registration shall include a label and the required
24
registration fee at the rate established by the Department of

SB2866
- 8 -
LRB104 17194 BDA 30613 b
1
Agriculture for a comparable medical cannabis product, or as
2
established by rule. The registration fee is for the name of
3
the product offered for sale and one fee shall be sufficient
4
for all package sizes.
5

(b) All harvested cannabis intended for distribution to a
6
cannabis enterprise must be packaged in a sealed, labeled
7
container.
8

(c) Any product containing cannabis shall be sold in a
9
sealed, odor-proof, and child-resistant cannabis container
10
consistent with current standards, including the Consumer
11
Product Safety Commission standards referenced by the Poison
12
Prevention Act unless the sale is between or among a craft
13
grower, infuser, or cultivation center.
14

(d) All cannabis-infused products shall be individually
15
wrapped or packaged at the original point of preparation. The
16
packaging of the cannabis-infused product shall conform to the
17
labeling requirements of the Illinois Food, Drug and Cosmetic
18
Act, in addition to the other requirements set forth in this
19
Section.
20

(e) Each cannabis product shall be labeled before sale and
21
each label shall be securely affixed to the package and shall
22
state in legible English and any languages required by the
23
Department of Agriculture:
24

(1) the name and post office box of the registered
25

cultivation center or craft grower where the item was
26

manufactured;

SB2866
- 9 -
LRB104 17194 BDA 30613 b
1

(2) the common or usual name of the item and the
2

registered name of the cannabis product that was
3

registered with the Department of Agriculture under
4

subsection (a);
5

(3) a unique serial number that will match the product
6

with a cultivation center or craft grower batch and lot
7

number to facilitate any warnings or recalls the
8

Department of Agriculture, cultivation center, or craft
9

grower deems appropriate;
10

(4) the date of final testing and packaging, if
11

sampled, and the identification of the independent testing
12

laboratory;
13

(5) the date of harvest and "use by" date;
14

(6) the quantity (in ounces or grams) of cannabis
15

contained in the product;
16

(7) a pass/fail rating based on the laboratory's
17

microbiological, mycotoxins, and pesticide and solvent
18

residue analyses, if sampled;
19

(8) content list.
20

(A) A list of the following, including the minimum
21

and maximum percentage content by weight for
22

subdivisions (e)(8)(A)(i) through (iv):
23

(i) delta-9-tetrahydrocannabinol (THC);
24

(ii) tetrahydrocannabinolic acid (THCA);
25

(iii) cannabidiol (CBD);
26

(iv) cannabidiolic acid (CBDA); and

SB2866
- 10 -
LRB104 17194 BDA 30613 b
1

(v) all other ingredients of the item,
2

including any colors, artificial flavors, and
3

preservatives, listed in descending order by
4

predominance of weight shown with common or usual
5

names.
6

(B) The acceptable tolerances for the minimum
7

percentage printed on the label for any of
8

subdivisions (e)(8)(A)(i) through (iv) shall not be
9

below 85% or above 115% of the labeled amount.
10

(f) Packaging must not contain information that:
11

(1) is false or misleading;
12

(2) promotes excessive consumption;
13

(3) depicts a person under 21 years of age consuming
14

cannabis;
15

(4) includes the image of a cannabis leaf;
16

(5) includes any image designed or likely to appeal to
17

minors, including cartoons, toys, animals, or children, or
18

any other likeness to images, characters, or phrases that
19

are popularly used to advertise to children, or any
20

packaging or labeling that bears reasonable resemblance to
21

any product available for consumption as a commercially
22

available candy, or that promotes consumption of cannabis;
23

(6) contains any seal, flag, crest, coat of arms, or
24

other insignia likely to mislead the purchaser to believe
25

that the product has been endorsed, made, or used by the
26

State of Illinois or any of its representatives except

SB2866
- 11 -
LRB104 17194 BDA 30613 b
1

where authorized by this Act.
2

(g) Cannabis products produced by concentrating or
3
extracting ingredients from the cannabis plant shall contain
4
the following information, where applicable:
5

(1) If solvents were used to create the concentrate or
6

extract, a statement that discloses the type of extraction
7

method, including any solvents or gases used to create the
8

concentrate or extract; and
9

(2) Any other chemicals or compounds used to produce
10

or were added to the concentrate or extract.
11

(h) All cannabis products must contain warning statements
12
established for purchasers, of a size that is legible and
13
readily visible to a consumer inspecting a package, which may
14
not be covered or obscured in any way. The Department of Public
15
Health shall define and update appropriate health warnings for
16
packages including specific labeling or warning requirements
17
for specific cannabis products.
18

(i) Unless modified by rule to strengthen or respond to
19
new evidence and science, the following warnings shall apply
20
to all cannabis products unless modified by rule: "This
21
product contains cannabis and is intended for use by adults 21
22
and over. Its use can impair cognition and may be habit
23
forming. This product should not be used by pregnant or
24
breastfeeding women. It is unlawful to sell or provide this
25
item to any individual, and it may not be transported outside
26
the State of Illinois. It is illegal to operate a motor vehicle

SB2866
- 12 -
LRB104 17194 BDA 30613 b
1
while under the influence of cannabis. Possession or use of
2
this product may carry significant legal penalties in some
3
jurisdictions and under federal law.".
4

(j) Warnings for each of the following product types must
5
be present on labels when offered for sale to a purchaser:
6

(1) Cannabis that may be smoked must contain a
7

statement that "Smoking is hazardous to your health.".
8

(2) Cannabis-infused products (other than those
9

intended for topical application) must contain a statement
10

"CAUTION: This product contains cannabis, and intoxication
11

following use may be delayed 2 or more hours. This product
12

was produced in a facility that cultivates cannabis, and
13

that may also process common food allergens.
This product
14

must be stored out of reach of children and should be in a
15

locked container. In case of accidental ingestion, call
16

the Illinois Poison Center at 1-800-222-1222.
".
17

(3) Cannabis-infused products intended for topical
18

application must contain a statement "DO NOT EAT" in bold,
19

capital letters
, as well as a statement that reads: "This
20

product must be stored out of reach of children and should
21

be in a locked container. In case of accidental use or
22

ingestion, call the Illinois Poison Center at
23

1-800-222-1222."
.
24

(k) Each cannabis-infused product intended for consumption
25
must be individually packaged, must include the total
26
milligram content of THC and CBD, and may not include more than

SB2866
- 13 -
LRB104 17194 BDA 30613 b
1
a total of 100 milligrams of THC per package. A package may
2
contain multiple servings of 10 milligrams of THC, indicated
3
by scoring, wrapping, or by other indicators designating
4
individual serving sizes. The Department of Agriculture may
5
change the total amount of THC allowed for each package, or the
6
total amount of THC allowed for each serving size, by rule.
7

(l) No individual other than the purchaser may alter or
8
destroy any labeling affixed to the primary packaging of
9
cannabis or cannabis-infused products.
10

(m) For each commercial weighing and measuring device used
11
at a facility, the cultivation center or craft grower must:
12

(1) Ensure that the commercial device is licensed
13

under the Weights and Measures Act and the associated
14

administrative rules (8 Ill. Adm. Code 600);
15

(2) Maintain documentation of the licensure of the
16

commercial device; and
17

(3) Provide a copy of the license of the commercial
18

device to the Department of Agriculture for review upon
19

request.
20

(n) It is the responsibility of the Department to ensure
21
that packaging and labeling requirements, including product
22
warnings, are enforced at all times for products provided to
23
purchasers. Product registration requirements and container
24
requirements may be modified by rule by the Department of
25
Agriculture.
26

(o) Labeling, including warning labels, may be modified by

SB2866
- 14 -
LRB104 17194 BDA 30613 b
1
rule by the Department of Agriculture.
2
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
3
102-98, eff. 7-15-21.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn