Bill Text: IL HB0030 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more than 6 cannabis plants and 2 ounces of dried usable cannabis. Amends the Cannabis Control Act to make conforming changes, including that any registered qualifying patient or registered primary caregiver who distributes cannabis to someone who is not allowed to use cannabis is subject to a penalty enhancement of not more than 2 years in prison or a fine of not more than $2,000, or both, for abuse of the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Provides that the Department of Public Health shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications. Provides that the Department shall promulgate rules governing the manner in which it shall consider applications for and renewals of registration certificates for medical cannabis organizations. Provides that the provisions of the Act are severable. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0030 Detail]

Download: Illinois-2011-HB0030-Engrossed.html

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AN ACT concerning alternative treatment for serious
diseases causing chronic pain and debilitating conditions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Compassionate Use of Medical Cannabis Pilot Program Act.
Section 5. Findings.
(a) The recorded use of cannabis as a medicine goes back
nearly 5,000 years. Modern medical research has confirmed the
beneficial uses of cannabis in treating or alleviating the
pain, nausea, and other symptoms associated with a variety of
debilitating medical conditions, including cancer, multiple
sclerosis, and HIV/AIDS, as found by the National Academy of
Sciences' Institute of Medicine in March 1999.
(b) Studies published since the 1999 Institute of Medicine
report continue to show the therapeutic value of cannabis in
treating a wide array of debilitating medical conditions. These
include relief of the neuropathic pain caused by multiple
sclerosis, HIV/AIDS, and other illnesses that often fail to
respond to conventional treatments and relief of nausea,
vomiting, and other side effects of drugs used to treat
HIV/AIDS and hepatitis C, increasing the chances of patients
continuing on life-saving treatment regimens.

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(c) Cannabis has many currently accepted medical uses in
the United States, having been recommended by thousands of
licensed physicians to at least 600,000 patients in states with
medical cannabis laws. The medical utility of cannabis is
recognized by a wide range of medical and public health
organizations, including the American Academy of HIV Medicine,
the American College of Physicians, the American Nurses
Association, the American Public Health Association, the
Leukemia & Lymphoma Society, and many others.
(d) Data from the Federal Bureau of Investigation's Uniform
Crime Reports and the Compendium of Federal Justice Statistics
show that approximately 99 out of every 100 cannabis arrests in
the U.S. are made under State law, rather than under federal
law. Consequently, changing State law will have the practical
effect of protecting from arrest the vast majority of seriously
ill patients who have a medical need to use cannabis.
(e) Alaska, Arizona, California, Colorado, Hawaii, Maine,
Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,
Vermont, Rhode Island, Washington State, and Washington, D.C.
have removed state-level criminal penalties from the medical
use and cultivation of cannabis. Illinois joins in this effort
for the health and welfare of its citizens.
(f) States are not required to enforce federal law or
prosecute people for engaging in activities prohibited by
federal law. Therefore, compliance with this act does not put
the state of Illinois in violation of federal law.

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(g) State law should make a distinction between the medical
and non-medical uses of cannabis. Hence, the purpose of this
Act is to protect patients with debilitating medical
conditions, as well as their physicians and providers, from
arrest and prosecution, criminal and other penalties, and
property forfeiture if such patients engage in the medical use
of cannabis.
Section 10. Definitions. The following terms, as used in
this Act, shall have the meanings set forth in this Section:
(a) "Adequate supply" means:
(1) 2.5 ounces of usable cannabis during a period of 14
days and that is derived solely from an intrastate source;
(2) Subject to the rules of the Department, a patient
may apply for a waiver where a physician provides a
substantial medical basis in a signed, written statement
asserting that, based on the patient's medical history, in
the physician's professional judgment, 2.5 ounces is an
insufficient adequate supply for a 14-day period to
properly alleviate the patient's debilitating medical
condition or symptoms associated with the debilitating
medical condition.
(b) "Cannabis" has the meaning given that term in Section 3
of the Cannabis Control Act.
(c) "Cardholder" means a qualifying patient or a designated
caregiver who has been issued and possesses a valid registry

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identification card.
(d) "Debilitating medical condition" means one or more of
the following:
(1) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency
syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn's disease, agitation of Alzheimer's disease,
cachexia/wasting syndrome, muscular dystrophy, severe
fibromyalgia, spinal cord disease, including but not
limited to arachnoiditis, Tarlov cysts, hydromyelia,
syringomyelia, spinal cord injury, traumatic brain injury
and post-concussion syndrome, Multiple Sclerosis,
Arnold-Chiari malformation & Syringomyelia,
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
(Complex Regional Pain Syndromes Type II),
Neurofibromatosis, Chronic Inflammatory Demyelinating
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
syndrome, or the treatment of these conditions; or
(2) any other debilitating medical condition or its
treatment added by the Department, as provided for in
Section 30.
(e) "Department" means the Department of Public Health or
its successor agency.

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(f) "Designated caregiver" means a person who:
(1) is at least 21 years of age;
(2) has agreed to assist with a patient's medical use
of cannabis;
(3) has not been convicted of an excluded offense; and
(4) assists no more than one qualifying patient with
his or her medical use of cannabis.
(g) "Enclosed, locked facility" means a closet, room,
greenhouse, building, or other enclosed area equipped with
locks or other security devices that permit access only by a
nonprofit medical cannabis organization's agents working for
the registered nonprofit medical cannabis organization to
cultivate the plants for a registered qualifying patient.
(h) "Excluded offense" means:
(1) a violent crime defined in Section 3 of the Rights
of Crime Victims and Witnesses Act or a substantially
similar offense that was classified as a felony in the
jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law that was classified as a felony in the
jurisdiction where the person was convicted, except that
the Department shall waive this restriction if the person
demonstrates to the Department's satisfaction that his or
her conviction was for the possession, cultivation,
transfer, or delivery of a reasonable amount of cannabis
intended for medical use. This exception shall not apply if

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the conviction was under state law and involved a violation
of an existing medical cannabis law.
(i) "Nonprofit medical cannabis organization agent" means
a principal officer, board member, employee, or agent of a
registered nonprofit medical cannabis organization who is 21
years of age or older and has not been convicted of an excluded
offense.
(j) "Nonprofit medical cannabis organization agent
identification card" means a document issued by the Department
that identifies a person as a nonprofit medical cannabis
organization agent.
(k) "Medical use" means the acquisition; administration;
delivery; possession; transportation; transfer;
transportation; or use of cannabis or paraphernalia relating to
the administration of cannabis to treat or alleviate a
registered qualifying patient's debilitating medical condition
or symptoms associated with the patient's debilitating medical
condition.
(l) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine in all its branches who has the authority to
prescribe drugs to humans under Article III of the Illinois
Controlled Substances Act. It does not include a licensed
practitioner under any other Act including but not limited to
the Illinois Dental Practice Act. In relation to a visiting
qualifying patient, "physician" means a person who is licensed

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as a doctor of medicine or doctor of osteopathy who with
authority to prescribe drugs to humans in the state of the
patient's residence.
(m) "Qualifying patient" means a person who has been
diagnosed by a physician as having a debilitating medical
condition.
(n) "Registered nonprofit medical cannabis organization"
means a not-for-profit entity that:
(1) is organized pursuant to the General Not for Profit
Corporation Act of 1986 provided that it has not been
formed by a for-profit entity organized under the laws of
this or any other state;
(2) is registered with the Department pursuant to
Section 65; and
(3) acquires, possesses, cultivates, manufactures,
delivers, transfers, transports, sells, supplies, or
dispenses cannabis, paraphernalia, or related supplies and
educational materials to registered qualifying patients.
Nothing in this subsection (n) shall be construed as
prohibiting a nonprofit medical cannabis organization from
receiving payment for all expenses incurred in its operation.
(o) "Registry identification card" means a document issued
by the Department that identifies a person as a registered
qualifying patient or registered designated caregiver.
(p) "Usable cannabis" means the flowers of the cannabis
plant and any mixture or preparation thereof, but does not

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include the seeds, stalks, and roots of the plant. It does not
include the weight of any non-cannabis ingredients combined
with cannabis, such as ingredients added to prepare a topical
administration, food, or drink.
(q) "Verification system" means a Web-based system
established and maintained by the Department that is available
to law enforcement personnel and nonprofit medical cannabis
organization agents on a 24-hour basis for the verification of
registry identification cards.
(r) "Visiting qualifying patient" means a person who:
(1) has been diagnosed with a debilitating medical
condition;
(2) possesses a valid registry identification card, or
its equivalent, that was issued pursuant to the laws of
another state, district, territory, commonwealth, insular
possession of the United States, or country recognized by
the United States that allows the person to use cannabis
for medical purposes in the jurisdiction of issuance; and
(3) is not a resident of Illinois and has been visiting
Illinois for 30 days or less or who has been a resident of
Illinois for less than 30 days.
(s) "Written certification" means a document dated and
signed by a physician, stating (1) that in the physician's
professional opinion the patient is likely to receive
therapeutic or palliative benefit from the medical use of
cannabis to treat or alleviate the patient's debilitating

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medical condition or symptoms associated with the debilitating
medical condition; (2) that the qualifying patient has a
debilitating medical condition and specifying what
debilitating medical condition the qualifying patient has; and
(3) that the patient is under the physician's care for the
debilitating medical condition. A written certification shall
be made only in the course of a bona fide physician-patient
relationship, after the physician has completed an assessment
of the qualifying patient's medical history upon a complete
review of records related to the patient's debilitating
condition and conducted a physical exam. A bona fide
physician-patient relationship under this subsection is a
privileged communication within the meaning of Section 8-802 of
the Code of Civil Procedure.
Section 15. Immunities and presumptions related to the
medical use of cannabis.
(a) A registered qualifying patient shall not be subject to
arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
the medical use of cannabis in accordance with this Act, if the
registered qualifying patient possesses an amount of cannabis
that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis.
(b) A registered designated caregiver shall not be subject

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to arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
acting in accordance with this Act to assist a registered
qualifying patient to whom he or she is connected through the
Department's registration process with the medical use of
cannabis if the designated caregiver possesses an amount of
cannabis that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis.
The total amount possessed between the qualifying patient and
caregiver shall not exceed the patient's adequate supply as
defined in subsection (a) of Section 10 of this Act.
(c)(1) A visiting qualifying patient shall not be subject
to arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
the medical use of cannabis pursuant to this Act if the
visiting qualifying patient does not possess more than an
adequate supply of usable cannabis. A visiting qualifying
patient may not purchase cannabis from a nonprofit medical
dispensary until he or she receives a written certification
from an Illinois physician and an Illinois registry card as
provided for under this Act.
(2) If a person in possession of no more than an adequate
supply of usable cannabis claims to be a visiting qualifying
patient, but the law enforcement agent is not able to verify

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the registry identification card or its equivalent or that the
person has been in the State for 30 days or less, the agent may
issue the visiting qualifying patient a summons for possession
of cannabis. The summons shall be dismissed if the person
demonstrates his or her status as a visiting qualifying
patient.
(d) A registered qualifying patient, visiting qualifying
patient, or registered designated caregiver shall not be
subject to arrest, prosecution, or denial of any right or
privilege, including but not limited to civil penalty or
disciplinary action by a occupational or professional
licensing board for possession of cannabis that is incidental
to medical use, but is not usable cannabis as defined in this
Act.
(e)(1) There shall be a rebuttable presumption that a
qualifying patient is engaged in, or a designated caregiver is
assisting with, the medical use of cannabis in accordance with
this Act if the qualifying patient or designated caregiver:
(A) is in possession of a valid registry identification
card; and
(B) is in possession of an amount of cannabis that does
not exceed the amount allowed under subsection (a) of
Section 10.
(2) The presumption may be rebutted by evidence that
conduct related to cannabis was not for the purpose of treating
or alleviating the qualifying patient's debilitating medical

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condition or symptoms associated with the debilitating medical
condition in compliance with this Act.
(f) A physician shall not be subject to arrest,
prosecution, or penalty in any manner, or denied any right or
privilege, including but not limited to civil penalty or
disciplinary action by the Medical Disciplinary Board or by any
other occupational or professional licensing board, solely for
providing written certifications or for otherwise stating
that, in the physician's professional opinion, a patient is
likely to receive therapeutic or palliative benefit from the
medical use of cannabis to treat or alleviate the patient's
debilitating medical condition or symptoms associated with the
debilitating medical condition, provided that nothing shall
prevent a professional licensing board from sanctioning a
physician for:
(1) issuing a written certification to a patient who is
not under the physician's care for a debilitating medical
condition; or
(2) failing to properly evaluate a patient's medical
condition or otherwise violating the standard of care for
evaluating medical conditions.
(g) No person may be subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to
civil penalty or disciplinary action by an occupational or
professional licensing board, solely for:
(1) selling cannabis paraphernalia to a cardholder

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upon presentation of an unexpired registry identification
card in the recipient's name;
(2) being in the presence or vicinity of the medical
use of cannabis as allowed under this Act; or
(3) assisting a registered qualifying patient with the
act of administering cannabis.
(h) A registered nonprofit medical cannabis organization
shall not be subject to prosecution; search or inspection,
except by the Department pursuant to subsection (s) of Section
85; seizure; or penalty in any manner, or be denied any right
or privilege, including but not limited to civil penalty or
disciplinary action by a business licensing board or entity,
for acting pursuant to this Act and Department rules to:
acquire, possess, cultivate, manufacture, deliver, transfer,
transport, supply, sell, or dispense cannabis or related
supplies and educational materials to registered qualifying
patients who have designated the medical cannabis organization
to provide for them, to registered designated caregivers on
behalf of the registered qualifying patients who have
designated the registered nonprofit medical cannabis
organization.
(i) A nonprofit medical cannabis organization agent shall
not be subject to prosecution, search, or penalty in any
manner, or be denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business
licensing board or entity, for working or volunteering for a

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registered nonprofit medical cannabis organization pursuant to
this Act and Department rules, including to perform the actions
listed under subsection (h).
(j) Any cannabis, cannabis paraphernalia, licit property,
or interest in licit property that is possessed, owned, or used
in connection with the medical use of cannabis as allowed under
this Act, or acts incidental to such use, shall not be seized
or forfeited. This Act shall not prevent the seizure or
forfeiture of cannabis exceeding the amounts allowed under this
Act, nor shall it prevent seizure or forfeiture if the basis
for the action is unrelated to the cannabis that is possessed,
manufactured, transferred, or used pursuant to this Act.
(k) Mere possession of, or application for, a registry
identification card or registration certificate shall not
constitute probable cause or reasonable suspicion, nor shall it
be used as the sole basis to support the search of the person,
property, or home of the person possessing or applying for the
registry identification card. The possession of, or
application for, a registry identification card shall not
preclude the existence of probable cause if probable cause
exists on other grounds.
(l) Nothing in this Act shall preclude law enforcement from
searching a registered nonprofit medical cannabis organization
where there is probable cause to believe that the criminal laws
of this State have been violated and the search is conducted in
conformity with the Illinois Constitution and the Constitution

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of the United States.
Section 20. Limitations and penalties.
(a) This Act shall not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of
cannabis, when doing so would constitute negligence or
professional malpractice;
(2) Possessing cannabis, or otherwise engaging in the
medical use of cannabis:
(A) in a school bus;
(B) on the grounds of any preschool or primary or
secondary school; or
(C) in any correctional facility.
(3) Smoking cannabis:
(A) on any form of public transportation; or
(B) in any public place.
(4) Operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, or motorboat while
under the influence of cannabis in violation of Sections
11-501 and 11-501.9 of the Illinois Vehicle Code.
(5) Using cannabis if that person does not have a
debilitating medical condition.
(6) Allowing any person who is not allowed to use
cannabis under this Act to use cannabis that a cardholder

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is allowed to possess pursuant to this Act.
(7) Transferring cannabis to any person who is not
allowed to possess cannabis under this Act.
(b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a registered qualifying patient for
reckless driving or driving under the influence of cannabis
where probable cause exists.
(c) Notwithstanding all other criminal penalties related
to the unlawful possession of cannabis, fraudulent
representation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is a petty offense punishable by a fine
of up to $1,000, which shall be in addition to any other
penalties that may apply for making a false statement or for
the use of cannabis other than use undertaken pursuant to this
Act.
(d) Notwithstanding all other criminal penalties related
to the unlawful possession of cannabis, any person who
fraudulently represents a medical condition to a physician or
fraudulently provides material misinformation to a physician
in order to obtain written certification is guilty of a petty
offense punishable by a fine of up to $1,000.
(e) Any cardholder who sells cannabis to a person who is
not allowed to possess cannabis for medical purposes under this
Act shall have his or her registry identification card revoked
and shall be subject to other penalties for the unauthorized

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sale of cannabis.
(f) Any registered qualifying patient who commits a
violation of Section 11-501.9 of the Illinois Vehicle Code or
refuses a properly requested test related to operating a motor
vehicle while under the influence of cannabis shall have his or
her registry identification card revoked.
Section 25. Discrimination prohibited.
(a)(1) No school, employer, or landlord may refuse to
enroll or lease to, or otherwise penalize, a person solely for
his or her status as a registered qualifying patient or a
registered designated caregiver, unless failing to do so would
put the school, employer, or landlord in violation of federal
law or unless failing to do so would cause it to lose a
monetary or licensing-related benefit under federal law or
rules. This shall not prevent a landlord from prohibiting the
smoking of cannabis on the premises.
(2) For the purposes of medical care, including organ
transplants, a registered qualifying patient's authorized use
of cannabis in accordance with this Act shall be considered the
equivalent of the authorized use of any other medication used
at the direction of a physician, and shall not constitute the
use of an illicit substance or otherwise disqualify a
qualifying patient from needed medical care.
(b) A person otherwise entitled to custody of or visitation
or parenting time with a minor shall not be denied such a

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right, and there shall be no presumption of neglect or child
endangerment, for conduct allowed under this Act, unless the
person's actions in relation to cannabis were such that they
created an unreasonable danger to the safety of the minor as
established by clear and convincing evidence.
(c) No school, landlord, or employer may be penalized or
denied any benefit under state law for enrolling, leasing to,
or employing a cardholder.
(d) Nothing in this Act may be construed to require a
government medical assistance program or private health
insurer to reimburse a person for costs associated with the
medical use of cannabis.
(e) Nothing in this Act may be construed to require any
person or establishment in lawful possession of property to
allow a guest, client, customer, or visitor to smoke cannabis
on or in that property.
Section 30. Addition of debilitating medical conditions.
Any citizen may petition the Department to add debilitating
conditions or treatments to the list of debilitating medical
conditions listed in subsection (d) of Section 10. The
Department shall consider petitions in the manner required by
Department rule, including public notice and hearing. The
Department shall approve or deny a petition within 180 days of
its submission. The approval or denial of any petition is a
final decision of the Department, subject to judicial review.

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Jurisdiction and venue are vested in the Circuit Court.
Section 35. Employment; employer liability.
(a) Nothing in this Act shall prohibit an employer from
adopting reasonable regulations concerning the consumption,
storage, or timekeeping requirements for qualifying patients
related to the use of medical cannabis.
(b) Nothing in this Act shall prohibit an employer from
enforcing a policy concerning drug testing, zero-tolerance, or
a drug free workplace provided such policy is applied in a
nondiscriminatory manner.
(c) Nothing in this Act shall limit an employer from
disciplining a qualifying patient for violating a workplace
drug policy.
(d) Nothing in this Act shall limit an employer's ability
to discipline an employee for failing a drug test if failing to
do so would put the employer in violation of federal law or
cause it to lose a federal contract or funding.
(e) Nothing in this Act shall be construed to create a
defense for a third party who fails a drug test.
(f) An employer may consider a qualifying patient to be
impaired when he or she manifests specific, articulable
symptoms while working that decrease or lessen his or her
performance of the duties or tasks of the employee's job
position, including symptoms of the employee's speech,
physical dexterity, agility, coordination, demeanor,

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irrational or unusual behavior, negligence or carelessness in
operating equipment or machinery, disregard for the safety of
the employee or others, or involvement in an accident that
results in serious damage to equipment or property, disruption
of a production or manufacturing process, or carelessness that
results in any injury to the employee or others. If an employer
elects to discipline a qualifying patient under this
subsection, it must afford the employee a reasonable
opportunity to contest the basis of the determination.
(g) Notwithstanding subsection (b), an employer may
presume a registered qualifying patient to be impaired where
the level of cannabis in the person's blood or urine is greater
than the limits set for in subsection (b) of Section 11-501.9
of the Illinois Vehicle Code.
(h) Nothing in this Act shall be construed to create or
imply a cause of action for any person against an employer for:
(1) actions based on the employer's good faith belief
that a registered qualifying patient used or possessed
cannabis while on the employer's premises or during the
hours of employment;
(2) actions based on the employer's good faith belief
that a registered qualifying patient was impaired while
working on the employer's premises during the hours of
employment;
(3) injury or loss to a third party so long as the
employer neither knew nor had reason to know that the

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employee was impaired.
(i) Nothing in this Act shall be construed to interfere
with any federal restrictions on employment including but not
limited to the United States Department of Transportation
regulation 49 CFR 40.151(e).
Section 40. Registration of qualifying patients and
designated caregivers.
(a) The Department shall issue registry identification
cards to qualifying patients who submit the following, in
accordance with the Department's rules:
(1) a written certification, on a form developed by the
Department and issued by a physician, within 90 days
immediately preceding the date of an application;
(2) upon the execution of applicable privacy waivers,
the patient's medical documentation related to his or her
debilitating condition and any other information that may
be reasonably required by the Department to confirm that
the physician and patient have a bona fide
physician-patient relationship, that the qualifying
patient is in the physician's care for his or her
debilitating medical condition, and to substantiate the
patient's diagnosis;
(3) the application or renewal fee;
(4) the name, address, and date of birth of the
qualifying patient, except that if the applicant is

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homeless no address is required;
(5) the name, address, and telephone number of the
qualifying patient's physician;
(6) the name, address, and date of birth of the
designated caregiver, if any, chosen by the qualifying
patient;
(7) the name of the registered nonprofit medical
cannabis organization the qualifying patient designates;
and
(8) signed statements from the patient and designated
caregiver asserting that they will not divert medical
cannabis.
Section 45. Issuance of registry identification cards.
(a) Except as provided in subsection (b), the Department
shall:
(1) Verify the information contained in an application
or renewal submitted pursuant to this Act, and approve or
deny an application or renewal, within 30 days of receiving
a completed application or renewal application.
(2) Issue registry identification cards to a
qualifying patient and his or her designated caregiver, if
any, within 5 days of approving the application or renewal.
(3) Enter the registry identification number of the
registered nonprofit medical cannabis organization the
patient designates into the verification system.

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(b) The Department shall not issue a registry
identification card to a qualifying patient who is younger than
18 years of age unless:
(1) the qualifying patient's physician has explained
the potential risks and benefits of the medical use of
cannabis to the custodial parent or legal guardian with
responsibility for health care decisions for the
qualifying patient; and
(2) the custodial parent or legal guardian with
responsibility for health care decisions for the
qualifying patient consents in writing to:
(A) allow the qualifying patient's medical use of
cannabis;
(B) serve as the qualifying patient's designated
caregiver; and
(C) control the acquisition of the cannabis, the
dosage, and the frequency of the medical use of
cannabis by the qualifying patient.
(c) The registry identification card of or its equivalent
that is issued under the laws of another state, district,
territory, commonwealth, or insular possession of the United
States that allows that visiting qualifying patient to possess
or use medical cannabis shall not authorize a visiting
qualifying patient to obtain cannabis from a registered
nonprofit medical cannabis dispensary.
(d) A veteran who has received treatment at a VA hospital

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may have a bona fide physician-patient relationship so long as
the doctor has taken over an aspect of care related to the
debilitating condition and the patient meets all other
statutory requirements. All reasonable inferences regarding
the existence of a bona fide physician-patient relationship
shall be drawn in favor of any applicant who is a veteran and
has undergone treatment at a VA hospital.
(e) Upon the approval of the registration and issuance of a
registry card under this Section, the Department shall forward
the patient's drivers license number to the Secretary of State
and certify that the individual is permitted to engage in the
medical use of cannabis. For the purposes of law enforcement,
the Secretary of State shall make a notation on the person's
driving record stating the person is a qualifying patient who
is entitled to the lawful medical use of cannabis. If the
person no longer holds a valid registry card, the Department
shall notify the Secretary of State and the Secretary of State
shall remove the notation from the person's driving record. The
Department and the Secretary of State may establish a system by
which such information may be shared electronically.
Section 50. Denial of registry identification cards.
(a) The Department may deny an application or renewal of a
qualifying patient's registry identification card only if the
applicant:
(1) did not provide the required information and

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materials;
(2) previously had a registry identification card
revoked;
(3) did not meet the requirements of this Act; or
(4) provided false or falsified information.
(b) The Department may deny an application or renewal for a
designated caregiver chosen by a qualifying patient whose
registry identification card was granted only if:
(1) the designated caregiver does not meet the
requirements of subsection (i) of Section 10;
(2) the applicant did not provide the information
required;
(3) the prospective patient's application was denied;
(4) the designated caregiver previously had a registry
identification card revoked; or
(5) the applicant or the designated caregiver provided
false or falsified information.
(c) The Department shall conduct a background check of the
prospective designated caregiver in order to carry out this
provision. Each person applying as a designated caregiver shall
submit a full set of fingerprints to the Department for the
purpose of obtaining a state and federal criminal records
check. The Department may exchange this data with the Federal
Bureau of Investigation without disclosing that the records
check is related to this Act. The Department shall destroy each
set of fingerprints after the criminal records check is

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completed.
(d) The Department shall notify the qualifying patient who
has designated someone to serve as his or her designated
caregiver if a registry identification card will not be issued
to the designated caregiver.
(e) Denial of an application or renewal is considered a
final Department action, subject to judicial review.
Jurisdiction and venue for judicial review are vested in the
Circuit Court.
Section 55. Registry identification cards. A qualifying
patient or designated caregiver must keep their registry
identification card in their possession at all times when
engaging in the medical use of cannabis.
(a) Registry identification cards shall contain all of the
following:
(1) the name of the cardholder;
(2) a designation of whether the cardholder is a
designated caregiver or qualifying patient;
(3) the date of issuance and expiration date of the
registry identification card;
(4) a random 10-digit alphanumeric identification
number, containing at least 4 numbers and at least 4
letters, that is unique to the cardholder;
(5) if the cardholder is a designated caregiver, the
random 10-digit alphanumeric identification number of the

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qualifying patient the designated caregiver is receiving
the registry identification card to assist; and
(6) a photograph of the cardholder, if the Department's
rules require one.
(b) Except as provided in this subsection, the expiration
date shall be one year after the date of issuance.
(c) The Department may, at its discretion, electronically
store in the card any or all of the information listed in
subsection (a), along with the address and date of birth of the
cardholder, to allow it to be read by law enforcement agents.
Section 60. Notifications to Department and responses;
civil penalty.
(a) The following notifications and Department responses
are required:
(1) A registered qualifying patient shall notify the
Department of any change in his or her name or address, or
if the registered qualifying patient ceases to have his or
her debilitating medical condition, within 10 days of the
change.
(2) A registered designated caregiver shall notify the
Department of any change in his or her name or address, or
if the designated caregiver becomes aware the qualifying
patient passed away, within 10 days of the change.
(3) Before a registered qualifying patient changes his
or her designated caregiver, the qualifying patient must

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notify the Department.
(4) If a cardholder loses his or her registry
identification card, he or she shall notify the Department
within 10 days of becoming aware the card has been lost.
(b) When a cardholder notifies the Department of items
listed in subsection (a), but remains eligible under this Act,
the Department shall issue the cardholder a new registry
identification card with a new random 10-digit alphanumeric
identification number within 10 days of receiving the updated
information and a $20 fee. If the person notifying the
Department is a registered qualifying patient, the Department
shall also issue his or her registered designated caregiver, if
any, a new registry identification card within 10 days of
receiving the updated information.
(c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department shall promptly notify the
designated caregiver. The registered designated caregiver's
protections under this Act as to that qualifying patient shall
expire 15 days after notification by the Department.
(d) A cardholder who fails to make a notification to the
Department that is required by this Section is subject to a
civil infraction, punishable by a penalty of no more than $150.
(e) A registered qualifying patient shall notify the
Department before changing his or her designated registered
nonprofit medical cannabis organization and pay a $20 fee. The

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Department must, within 5 business days of receiving the
notification, update the registered qualifying patient's entry
in the identification registry system to reflect the change in
designation and notify the patient that the change has been
processed.
(f) If the registered qualifying patient's certifying
physician notifies the Department in writing that either the
registered qualifying patient has ceased to suffer from a
debilitating medical condition or that the physician no longer
believes the patient would receive therapeutic or palliative
benefit from the medical use of cannabis, the card shall become
null and void. However, the registered qualifying patient shall
have 15 days to destroy his or her remaining medical cannabis
and related paraphernalia.
Section 65. Registration of nonprofit medical cannabis
organization.
(a) Nonprofit medical cannabis organizations may only
operate if they have been issued a valid registration
certificate from the Department. When applying for a nonprofit
medical cannabis organization registration certificate, the
applicant shall submit the following in accordance with
Department rules:
(1) A $25,000 application fee, a $25,000 renewal fee in
year 2, and a $5,000 fee for application renewals in year
3. Such fees may be adjusted subject to the discretion of

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the Department in order to adequately fund the
implementation and enforcement of this Act.
(2) The proposed legal name of the medical cannabis
organization.
(3) The proposed physical address of the medical
cannabis organization.
(4) If the nonprofit medical cannabis organization
proposes additional locations where cannabis will be
cultivated, harvested, packaged, labeled, or otherwise
prepared for distribution by the medical cannabis
organization, the physical address. In such case that the
cannabis will be cultivated at any other location than
listed in paragraph (3), the medical cannabis organization
shall apply for a variance which is subject to the
discretion of the Department.
(5) The name, address, and date of birth of each
principal officer and board member of the medical cannabis
organization, provided that all such individuals shall be
at least 21 years of age.
(6) Any instances in which a business or not-for-profit
that any of the prospective board members managed or served
on the board of was convicted, fined, censured, or had a
registration or license suspended or revoked in any
administrative or judicial proceeding.
(7) Proposed operating by-laws that include procedures
for the oversight of the nonprofit medical cannabis

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organization and procedures to ensure accurate record
keeping and security measures that are in accordance with
the rules issued by the Department pursuant to this Act.
The by-laws shall include a description of the enclosed,
locked facility where medical cannabis will be grown,
cultivated, harvested, packaged, labeled, or otherwise
prepared for distribution by the medical cannabis
organization.
(8) Signed statements from each nonprofit medical
cannabis organization agent stating that they will not
divert medical cannabis.
(9) The Department shall conduct a background check of
the prospective nonprofit medical cannabis organization
agents in order to carry out this provision. Each person
applying as a nonprofit medical cannabis organization
agent shall submit a full set of fingerprints to the
department for the purpose of obtaining a state and federal
criminal records check. The Department may exchange this
data with the Federal Bureau of Investigation without
disclosing that the records check is related to this Act.
The Department shall destroy each set of fingerprints after
the criminal records check is completed.
(b) An application for a medical cannabis organization
registration certificate must be denied if any of the following
conditions are met:
(A) the applicant failed to submit the materials

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required by this Section, including if the applicant's
plans do not satisfy the security, oversight, or
recordkeeping rules issued by the Department;
(B) the applicant would not be in compliance with local
zoning rules issued in accordance with Section 80;
(C) the applicant does not meet the requirements of
Section 90;
(D) one or more of the prospective principal officers
or board members has been convicted of an excluded offense;
(E) one or more of the prospective principal officers
or board members has served as a principal officer or board
member for a registered nonprofit medical cannabis
organization that has had its registration certificate
revoked; and
(F) one or more of the principal officers or board
members is younger than 21 years of age.
(c) After a medical cannabis organization is approved, but
before it begins operations, it shall submit its physical
address if the address was not finalized when it applied.
(d) When issuing a medical cannabis organization
registration certificate, the Department shall also issue a
renewable registration certificate with an identification
number.
(e) The Department may approve no more than one application
for a medical cannabis organization registration certificate
for operation within any single Illinois State Senate district

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as determined by the districts that were in existence as of
January 1, 2011.
Section 70. Nonprofit medical cannabis organization agent
identification cards.
(a) A nonprofit medical cannabis organization agent must
keep his or her identification card in their possession at all
times when engaging in the medical use of cannabis related to
dispensary operations.
(b) Nonprofit medical cannabis organization agent
identification cards shall contain all of the following:
(1) the name of the cardholder;
(2) a designation the cardholder is a nonprofit medical
cannabis organization agent;
(3) the date of issuance and expiration date of the
nonprofit medical cannabis organization agent
identification cards;
(4) a random 10-digit alphanumeric identification
number, containing at least four numbers and at least four
letters, that is unique to the cardholder; and
(5) a photograph of the cardholder, if the Department's
rules require one.
Section 75. Nonprofit medical cannabis organization
certification renewal. Registration certificates may be
renewed subject to the rule of the Department. The registered

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nonprofit medical cannabis organization may submit a renewal
application beginning 90 days prior to the expiration of its
registration certificate. The Department shall grant a renewal
application within 45 days of its submission if the following
conditions are all satisfied:
(a) The registered nonprofit medical cannabis organization
submits a renewal application and the required renewal fee,
which shall be refunded within 60 days if the renewal
application is rejected.
(b) The Department has not suspended the registered
nonprofit medical cannabis organization or registration
certificate for violations of this Act or rules adopted
pursuant to this Act.
(c) The inspections authorized by subsection (s) of Section
85 and the input the Department received from stakeholders
pursuant to subsection (b) of Section 105 do not raise serious
and credible concerns about the continued operation of the
registered nonprofit medical cannabis organization or applying
for renewal.
Section 80. Local ordinances. A unit of local government
may enact reasonable zoning ordinances or resolutions, not in
conflict with this Act or with Department rules, regulating
registered nonprofit medical cannabis organizations. No unit
of local government, including a home rule unit, or school
district may regulate registered nonprofit medical cannabis

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organizations other than as provided in this Act. This Section
is a denial and limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
Section 85. Requirements; prohibitions; penalties.
(a) The operating documents of a registered nonprofit
medical cannabis organization shall include procedures for the
oversight of the registered nonprofit medical cannabis
organization and procedures to ensure accurate recordkeeping.
(b) A registered nonprofit medical cannabis organization
shall implement appropriate security measures to deter and
prevent the theft of cannabis and unauthorized entrance into
areas containing cannabis.
(c) A registered nonprofit medical cannabis organization
may not be located within 2,500 feet of the property line of a
pre-existing public or private preschool or elementary or
secondary school or day care center, day care home, group day
care home, or part day child care facility. A registered
medical cannabis organization shall not be located in a house,
apartment, condominium, or any other residential dwelling.
(d) A registered nonprofit medical cannabis organization
is prohibited from acquiring, possessing, cultivating,
manufacturing, delivering, transferring, transporting,
supplying, or dispensing cannabis for any purpose except to

HB0030 Engrossed - 36 - LRB097 03078 RLC 43111 b
assist registered qualifying patients with the medical use of
cannabis directly or through the qualifying patients'
designated caregivers.
(e) All cultivation of cannabis for registered nonprofit
medical cannabis organizations must take place in an enclosed,
locked location at the physical address or addresses provided
to the Department during the registration process. The
cultivation location can only be accessed by medical cannabis
organization agents working for the registered nonprofit
medical cannabis organization, Department staff performing
inspections, law enforcement or other emergency personnel, and
contractors working on jobs unrelated to medical cannabis, such
as installing or maintaining security devices or performing
electrical wiring.
(f) A nonprofit medical cannabis organization may not
obtain cannabis from outside the State of Illinois, except that
a nonprofit medical cannabis organization may lawfully
purchase cannabis seeds outside of the State of Illinois once
upon the initial approval of its application under Section 65.
(g) A registered nonprofit medical cannabis organization
shall not dispense more than 2.5 ounces of cannabis to a
registered qualifying patient, directly or via a designated
caregiver, in any 14-day period unless the qualifying patient
has a Department approved quantity variance.
(h) Before cannabis may be dispensed to a designated
caregiver or a registered qualifying patient, a nonprofit

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medical cannabis organization agent must determine that the
individual is a current cardholder in the verification system
and must verify each of the following:
(1) that the registry identification card presented to
the registered nonprofit medical cannabis organization is
valid;
(2) that the person presenting the card is the person
identified on the registry identification card presented
to the medical cannabis organization agent;
(3) that the registered nonprofit medical cannabis
organization is the designated medical cannabis
organization for the registered qualifying patient who is
obtaining the cannabis directly or via his or her
designated caregiver; and
(4) that the qualifying patient has not exceeded his or
her adequate supply.
(i) Registered nonprofit medical cannabis organizations
shall ensure compliance with this limitation by maintaining
internal, confidential records that include records specifying
how much cannabis is being dispensed to the registered
qualifying patient and whether it was dispensed directly to the
registered qualifying patient or to the designated caregiver.
Each entry must include the date and time the cannabis was
dispensed.
(j) The physician-patient privilege as set forth by Section
8-802 of the Code of Civil Procedure shall apply between a

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qualifying patient and a registered nonprofit medical cannabis
organization and its agents with respect to communications and
records concerning qualifying patients' debilitating
conditions.
(k) A nonprofit medical cannabis organization shall not
permit any person to consume cannabis on the property of a
nonprofit medical cannabis organization.
(l) A registered nonprofit medical cannabis organization
shall not share office space with or refer patients to a
physician.
(m) A physician shall not refer patients to a registered
nonprofit medical cannabis organization or registered
designated caregiver, advertise in a registered nonprofit
medical cannabis organization, or, if the physician issues
written certifications, hold any financial interest in a
registered nonprofit medical cannabis organization.
(n) No person who has been convicted of an excluded offense
may be a nonprofit medical cannabis organization agent.
(o) Notwithstanding all other criminal penalties related
to the unlawful possession of cannabis, the Department may
issue a civil fine of up to $3,000 for violations of this
Section.
(p) The Department may suspend or revoke a registration
certificate for violations of this Act and rules issued in
accordance with this Section.
(q) The suspension or revocation of a certificate is a

HB0030 Engrossed - 39 - LRB097 03078 RLC 43111 b
final Department action, subject to judicial review.
Jurisdiction and venue for judicial review are vested in the
Circuit Court.
(r) Registered nonprofit medical cannabis organizations
are subject to random inspection and cannabis testing by
Department rules. The Department shall give reasonable notice
of an inspection or testing under this subsection.
Section 90. Confidentiality.
(a) The following information received and records kept by
Department rules for purposes of administering this Act are
subject to all applicable federal privacy laws, confidential,
and exempt from the Freedom of Information Act, and not subject
to disclosure to any individual or public or private entity,
except as necessary for authorized employees of the Department
to perform official duties pursuant to this Act:
(1) Applications and renewals, their contents, and
supporting information submitted by qualifying patients
and designated caregivers, including information regarding
their designated caregivers and physicians.
(2) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
nonprofit medical cannabis organizations in compliance
with this Act, including their physical addressees.
(3) The individual names and other information
identifying persons to whom the Department has issued

HB0030 Engrossed - 40 - LRB097 03078 RLC 43111 b
registry identification cards.
(4) Any dispensing information required to be kept
under Section 85 or Department rules shall identify
cardholders and registered nonprofit medical cannabis
organizations by their registry identification numbers and
not contain names or other personally identifying
information.
(5) All medical records provided to the Department in
connection with an application for a registry card.
(b) Nothing in this Section precludes the following:
(1) Department employees may notify law enforcement
about falsified or fraudulent information submitted to the
Department if the employee who suspects that falsified or
fraudulent information has been submitted conferred with
his or her supervisor and both agree that circumstances
exist that warrant reporting.
(2) If the employee conferred with his or her
supervisor and both agree that circumstances exist that
warrant reporting, Department employees may notify the
Medical Disciplinary Board if there is reasonable cause to
believe a physician:
(A) issued a written certification without a bona
fide physician-patient relationship;
(B) issued a written certification to a person who
was not under the physician's care for the debilitating
medical condition; or

HB0030 Engrossed - 41 - LRB097 03078 RLC 43111 b
(C) failed to abide by the standard of care when
evaluating medical conditions.
(3) The Department may notify State or local law
enforcement about apparent criminal violations of this Act
if the employee who suspects the offense has conferred with
his or her supervisor and both agree that circumstances
exist that warrant reporting.
(4) Nonprofit medical cannabis organization agents may
notify the Department of a suspected violation or attempted
violation of this Act or the rules issued pursuant to it.
(5) The Department may verify registry identification
cards pursuant to Section 95.
(6) The submission of the report to the General
Assembly under Section 100.
(c) It is a Class B misdemeanor with a $1,000 fine for any
person, including an employee or official of the Department or
another State agency or local government, to breach the
confidentiality of information obtained pursuant to this Act.
Section 95. Registry identification and registration
certificate verification.
(a) The Department shall maintain a confidential list of
the persons to whom the Department has issued registry
identification cards and their addresses, phone numbers, and
registry identification numbers. This confidential list shall
not be combined or linked in any manner with any other list or

HB0030 Engrossed - 42 - LRB097 03078 RLC 43111 b
database except as provided in this Section.
(b) Within 180 days of the effective date of this Act, the
Department shall establish a computerized verification system.
The verification system must allow law enforcement personnel
and nonprofit medical cannabis organization agents to enter a
registry identification number to determine whether or not the
number corresponds with a current, valid registry
identification card. The system shall only disclose whether the
identification card is valid; whether the cardholder is a
registered qualifying patient or a registered designated
caregiver; and the registry identification number of the
registered nonprofit medical cannabis organization designated
to serve the registered qualifying patient who holds the card
or the registry identification number of the patient who is
assisted by the registered designated caregiver who holds the
card. The system shall enable nonprofit medical cannabis to
enter information in the system sufficient to track the amount
of medical cannabis dispensed to the qualifying patient.
Notwithstanding any requirements established by this
subsection, the Department shall issue registry cards to
qualifying patients and shall issue certification to nonprofit
medical cannabis organizations for the period during which the
database is being established.
Section 100. Annual reports. The Department shall submit
to the General Assembly an annual report that does not disclose

HB0030 Engrossed - 43 - LRB097 03078 RLC 43111 b
any identifying information about cardholders, registered
nonprofit medical cannabis organizations, or physicians, but
does contain, at a minimum, all of the following information:
(1) the number of applications and renewals filed for
registry identification cards;
(2) the number of qualifying patients and designated
caregivers approved in each county;
(3) the nature of the debilitating medical conditions
of the qualifying patients;
(4) the number of registry identification cards
revoked for misconduct;
(5) the number of physicians providing written
certifications for qualifying patients; and
(6) the number of registered nonprofit medical
cannabis organizations.
Section 105. Department to issue rules.
(a) Not later than 60 days after the effective date of this
Act, the Department shall promulgate rules:
(1) governing the manner in which the Department shall
consider petitions from the public to add debilitating
medical conditions or treatments to the list of
debilitating medical conditions set forth in subsection
(d) of Section 10 of this Act, including public notice of
and an opportunity to comment in public hearings on the
petitions;

HB0030 Engrossed - 44 - LRB097 03078 RLC 43111 b
(2) establishing the form and content of registration
and renewal applications submitted under this Act,
including a standard form for written certifications;
(3) governing the manner in which it shall consider
applications for and renewals of registry identification
cards, including developing separate requirements, fees,
and applications for temporary registry identification
cards for visiting qualifying patients wishing to obtain
cannabis from registered nonprofit medical cannabis
organizations;
(4) governing the following matters related to
registered nonprofit medical cannabis organizations, with
the goal of protecting against diversion and theft, without
imposing an undue burden on the registered nonprofit
medical cannabis organizations or compromising the
confidentiality of cardholders:
(A) oversight requirements for registered
nonprofit medical cannabis organizations;
(B) recordkeeping requirements for registered
nonprofit medical cannabis organizations;
(C) security requirements for registered nonprofit
medical cannabis organizations, which shall include
that each registered nonprofit medical cannabis
organization location must be protected by a fully
operational security alarm system;
(D) rules and standards for what constitutes an

HB0030 Engrossed - 45 - LRB097 03078 RLC 43111 b
enclosed locked facility under this Act;
(E) procedures for suspending or terminating the
registration certificates or registry identification
cards of cardholders, and registered nonprofit medical
cannabis organizations that commit multiple or serious
violations of the provisions of this Act or the rules
promulgated pursuant to this Section;
(F) reasonable rules concerning the medical use of
cannabis at a nursing care institution, hospice,
assisted living center, assisted living facility,
assisted living home, residential care institution, or
adult day health care facility;
(G) limitations of the quantity of cannabis plants
a dispensary may possess at one time provided that no
dispensary is authorized to possess more plants than
are reasonably necessary to satisfy the adequate
supply of the patients who have designated that
dispensary as his or her provider;
(H) rules concerning the intrastate transportation
of medical cannabis;
(I) standards concerning the testing, quality, and
cultivation of medical cannabis; and
(J) such other matters as are necessary for the
fair, impartial, stringent, and comprehensive
administration of this Act; and
(5) application and renewal fees for registry

HB0030 Engrossed - 46 - LRB097 03078 RLC 43111 b
identification cards, nonprofit medical cannabis
organization agent identification cards, and renewal fees
for registered nonprofit medical cannabis organization
registration certificates, according to the following:
(A) the total fees collected must generate
revenues sufficient to offset all expenses of
implementing and administering this Act, except that
fee revenue may be offset or supplemented by private
donations;
(B) the Department may establish a sliding scale of
patient application and renewal fees based upon a
qualifying patient's household income;
(C) the Department may accept donations from
private sources to reduce application and renewal
fees; and
(D) registry identification card fees shall
include an additional $3 per registry identification
card, which shall be used to develop and disseminate
educational information about the health risks
associated with the abuse of cannabis and prescription
medications.
The Department may adopt rules concerning limiting the
rights of medical cannabis organizations by taking into
consideration how many are currently operating and their
geographical distribution.
(b) During the rule-making process, the Department shall

HB0030 Engrossed - 47 - LRB097 03078 RLC 43111 b
make a good faith effort to consult with all stakeholders
identified in the rule-making analysis as being impacted by the
rules. The Department shall establish the stakeholders into an
advisory task force. Stakeholders shall include, but are not
limited to:
(1) at least 2 physicians, one of whom must have prior
experience treating medical cannabis patients;
(2) at least 2 nurses, one of whom must have prior
experience treating HIV/AIDS patients;
(3) at least three qualifying patients;
(4) a representative from the law enforcement
community;
(5) the Director of State Police or his or her
designee;
(6) a prosecuting attorney currently employed by the
State of Illinois;
(7) a public defender currently employed by the State
of Illinois;
(8) a defense attorney in private practice;
(9) a licensed phlebotomist;
(10) a horticulturist; and
(11) a representative of the business community.
(c) After consulting with the stakeholders, the Department
shall evaluate driving under the influence laws as they apply
to registered patients.
(d) Beginning 4 months after the issuance of the first

HB0030 Engrossed - 48 - LRB097 03078 RLC 43111 b
registrations for registered nonprofit medical cannabis
organizations, the Department shall solicit input, including
from the stakeholders identified in subsection (b) on the
following:
(A) The ability of qualifying patients in all areas
of the state to obtain timely access to high-quality
medical cannabis.
(B) The effectiveness of the registered nonprofit
medical cannabis organizations, individually and
together, in serving the needs of qualifying patients,
including the provision of support services, the
reasonableness of their fees, whether they are
generating any complaints or security problems, and
the sufficiency of the number operating to serve the
registered qualifying patients of Illinois.
(C) The sufficiency of the regulatory and security
safeguards contained in this Act and adopted by the
Department to ensure that access to and use of cannabis
cultivated is provided only to cardholders authorized
for such purposes.
(D) Any recommended additions or revisions to the
Department rules or this Act, including relating to
security, safe handling, labeling, and nomenclature.
(E) Any research studies regarding health effects
of medical cannabis for patients.
(e) The Department shall develop and disseminate

HB0030 Engrossed - 49 - LRB097 03078 RLC 43111 b
educational information about the health risks associated with
the abuse of cannabis and prescription medications, which shall
be funded by the $3 fees generated from registry identification
cards.
Section 110. Enforcement of this Act.
(a) If the Department fails to adopt rules to implement
this Act within the times provided for in this Act, any citizen
may commence a mandamus action in the Circuit Court to compel
the Department to perform the actions mandated pursuant to the
provisions of this Act.
(b) If the Department fails to issue a valid registry
identification card in response to a valid application or
renewal submitted pursuant to this Act within 30 days of its
submission, the registry identification card shall be deemed
granted, and a copy of the registry identification application,
including a valid written certification, or renewal shall be
deemed a valid registry identification card.
Section 115. Repeal of Act. This Act is repealed 3 years
after its effective date.
Section 120. The Election Code is amended by adding Section
9-45 as follows:
(10 ILCS 5/9-45 new)

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Sec. 9-45. Medical cannabis organization; contributions.
It is unlawful for any nonprofit medical cannabis organization
or any political action committee created by any nonprofit
medical cannabis organization to make a campaign contribution
to any political committee established to promote the candidacy
of a candidate or public official. It is unlawful for any
candidate, political committee, or other person to knowingly
accept or receive any contribution prohibited by this Section.
It is unlawful for any officer or agent of a nonprofit medical
cannabis organization to consent to any contribution or
expenditure by the nonprofit medical cannabis organization
that is prohibited by this Section. As used in this Section,
"nonprofit medical cannabis organization" has the meaning
ascribed to it in Section 10 of the Compassionate Use of
Medical Cannabis Pilot Program Act.
Section 125. The Use Tax Act is amended by changing Section
3-10 as follows:
(35 ILCS 105/3-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of
the tangible personal property. In all cases where property
functionally used or consumed is the same as the property that
was purchased at retail, then the tax is imposed on the selling

HB0030 Engrossed - 51 - LRB097 03078 RLC 43111 b
price of the property. In all cases where property functionally
used or consumed is a by-product or waste product that has been
refined, manufactured, or produced from property purchased at
retail, then the tax is imposed on the lower of the fair market
value, if any, of the specific property so used in this State
or on the selling price of the property purchased at retail.
For purposes of this Section "fair market value" means the
price at which property would change hands between a willing
buyer and a willing seller, neither being under any compulsion
to buy or sell and both having reasonable knowledge of the
relevant facts. The fair market value shall be established by
Illinois sales by the taxpayer of the same property as that
functionally used or consumed, or if there are no such sales by
the taxpayer, then comparable sales or purchases of property of
like kind and character in Illinois.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 3-6 of
this Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or

HB0030 Engrossed - 52 - LRB097 03078 RLC 43111 b
before December 31, 2013, and (iii) 100% of the proceeds of
sales made thereafter. If, at any time, however, the tax under
this Act on sales of gasohol is imposed at the rate of 1.25%,
then the tax imposed by this Act applies to 100% of the
proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2013 but applies to 100% of the proceeds of sales made
thereafter.
With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2013 and (ii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of biodiesel blends with no
less than 1% and no more than 10% biodiesel is imposed at the
rate of 1.25%, then the tax imposed by this Act applies to 100%
of the proceeds of sales of biodiesel blends with no less than
1% and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel and biodiesel blends with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2013 but
applies to 100% of the proceeds of sales made thereafter.
With respect to food for human consumption that is to be

HB0030 Engrossed - 53 - LRB097 03078 RLC 43111 b
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, the tax is imposed at the rate of 1%. For the purposes of
this Section, until September 1, 2009: the term "soft drinks"
means any complete, finished, ready-to-use, non-alcoholic
drink, whether carbonated or not, including but not limited to
soda water, cola, fruit juice, vegetable juice, carbonated
water, and all other preparations commonly known as soft drinks
of whatever kind or description that are contained in any
closed or sealed bottle, can, carton, or container, regardless
of size; but "soft drinks" does not include coffee, tea,
non-carbonated water, infant formula, milk or milk products as
defined in the Grade A Pasteurized Milk and Milk Products Act,
or drinks containing 50% or more natural fruit or vegetable
juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.

HB0030 Engrossed - 54 - LRB097 03078 RLC 43111 b
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products.
Beginning on the effective date of this amendatory Act of the
97th General Assembly, "prescription and nonprescription

HB0030 Engrossed - 55 - LRB097 03078 RLC 43111 b
medicines and drugs" includes medical cannabis purchased from a
registered nonprofit medical cannabis organization under the
Compassionate Use of Medical Cannabis Pilot Program Act. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
If the property that is purchased at retail from a retailer
is acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)

HB0030 Engrossed - 56 - LRB097 03078 RLC 43111 b
Section 130. The Service Use Tax Act is amended by changing
Section 3-10 as follows:
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.

HB0030 Engrossed - 57 - LRB097 03078 RLC 43111 b
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 but
applies to 100% of the selling price thereafter.
At the election of any registered serviceman made for each

HB0030 Engrossed - 58 - LRB097 03078 RLC 43111 b
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the MR/DD Community Care Act, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a disabled person, and
insulin, urine testing materials, syringes, and needles used by
diabetics, for human use. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether

HB0030 Engrossed - 59 - LRB097 03078 RLC 43111 b
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,

HB0030 Engrossed - 60 - LRB097 03078 RLC 43111 b
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products.
Beginning on the effective date of this amendatory Act of the
97th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from a
registered nonprofit medical cannabis organization under the
Compassionate Use of Medical Cannabis Pilot Program Act. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug

HB0030 Engrossed - 61 - LRB097 03078 RLC 43111 b
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
Section 135. The Service Occupation Tax Act is amended by
changing Section 3-10 as follows:
(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible

HB0030 Engrossed - 62 - LRB097 03078 RLC 43111 b
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2013, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to

HB0030 Engrossed - 63 - LRB097 03078 RLC 43111 b
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price

HB0030 Engrossed - 64 - LRB097 03078 RLC 43111 b
thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the MR/DD Community Care Act, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a disabled person, and
insulin, urine testing materials, syringes, and needles used by
diabetics, for human use. For the purposes of this Section,

HB0030 Engrossed - 65 - LRB097 03078 RLC 43111 b
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
can, carton, or container, regardless of size; but "soft
drinks" does not include coffee, tea, non-carbonated water,
infant formula, milk or milk products as defined in the Grade A
Pasteurized Milk and Milk Products Act, or drinks containing
50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold

HB0030 Engrossed - 66 - LRB097 03078 RLC 43111 b
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products.
Beginning on the effective date of this amendatory Act of the
97th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from a
registered nonprofit medical cannabis organization under the
Compassionate Use of Medical Cannabis Pilot Program Act. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of

HB0030 Engrossed - 67 - LRB097 03078 RLC 43111 b
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
Section 140. The Retailers' Occupation Tax Act is amended
by changing Section 2-10 as follows:
(35 ILCS 120/2-10)
Sec. 2-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
gross receipts from sales of tangible personal property made in
the course of business.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 2-8 of
this Act, the tax is imposed at the rate of 1.25%.

HB0030 Engrossed - 68 - LRB097 03078 RLC 43111 b
Within 14 days after the effective date of this amendatory
Act of the 91st General Assembly, each retailer of motor fuel
and gasohol shall cause the following notice to be posted in a
prominently visible place on each retail dispensing device that
is used to dispense motor fuel or gasohol in the State of
Illinois: "As of July 1, 2000, the State of Illinois has
eliminated the State's share of sales tax on motor fuel and
gasohol through December 31, 2000. The price on this pump
should reflect the elimination of the tax." The notice shall be
printed in bold print on a sign that is no smaller than 4
inches by 8 inches. The sign shall be clearly visible to
customers. Any retailer who fails to post or maintain a
required sign through December 31, 2000 is guilty of a petty
offense for which the fine shall be $500 per day per each
retail premises where a violation occurs.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the proceeds of
sales made on or after January 1, 1990, and before July 1,
2003, (ii) 80% of the proceeds of sales made on or after July
1, 2003 and on or before December 31, 2013, and (iii) 100% of
the proceeds of sales made thereafter. If, at any time,
however, the tax under this Act on sales of gasohol, as defined
in the Use Tax Act, is imposed at the rate of 1.25%, then the
tax imposed by this Act applies to 100% of the proceeds of
sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined

HB0030 Engrossed - 69 - LRB097 03078 RLC 43111 b
in the Use Tax Act, the tax imposed by this Act does not apply
to the proceeds of sales made on or after July 1, 2003 and on or
before December 31, 2013 but applies to 100% of the proceeds of
sales made thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the proceeds of
sales made on or after July 1, 2003 and on or before December
31, 2013 and (ii) 100% of the proceeds of sales made
thereafter. If, at any time, however, the tax under this Act on
sales of biodiesel blends, as defined in the Use Tax Act, with
no less than 1% and no more than 10% biodiesel is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of biodiesel blends with no less
than 1% and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2013 but
applies to 100% of the proceeds of sales made thereafter.
With respect to food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances,

HB0030 Engrossed - 70 - LRB097 03078 RLC 43111 b
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, the tax is imposed at the rate of 1%. For the purposes of
this Section, until September 1, 2009: the term "soft drinks"
means any complete, finished, ready-to-use, non-alcoholic
drink, whether carbonated or not, including but not limited to
soda water, cola, fruit juice, vegetable juice, carbonated
water, and all other preparations commonly known as soft drinks
of whatever kind or description that are contained in any
closed or sealed bottle, can, carton, or container, regardless
of size; but "soft drinks" does not include coffee, tea,
non-carbonated water, infant formula, milk or milk products as
defined in the Grade A Pasteurized Milk and Milk Products Act,
or drinks containing 50% or more natural fruit or vegetable
juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and

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food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products.
Beginning on the effective date of this amendatory Act of the
97th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from a
registered nonprofit medical cannabis organization under the
Compassionate Use of Medical Cannabis Pilot Program Act. For
purposes of this Section, "grooming and hygiene products"

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includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
Section 145. The Illinois Vehicle Code is amended by
changing Section 11-501 and by adding Section 11-501.9 as
follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:

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(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine resulting
from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act. Subject to all other
requirements set forth in this Act, for the purposes of
this subsection the lawful consumption of cannabis by a
qualifying patient licensed under the Compassionate Use of
Medical Cannabis Pilot Program Act who is in possession of
a valid registry card shall be governed by the provisions

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set forth in Section 11-501.9.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any
charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
or urine was 0.16 or more based on the definition of blood,
breath, or urine units in Section 11-501.2, or 2 times the
cannabis in Section 11-501.9, shall be subject, in addition
to any other penalty that may be imposed, to a mandatory

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minimum of 100 hours of community service and a mandatory
minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or
urine units in Section 11-501.2, or 2 times the cannabis in
Section 11-501.9, shall be subject, in addition to any
other penalty that may be imposed, to a mandatory minimum
of 2 days of imprisonment and a mandatory minimum fine of
$1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with persons 18 years of
age or younger on board;
(C) the person in committing a violation of

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subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or a similar
provision of a law of another state relating to
reckless homicide in which the person was determined to
have been under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds as an
element of the offense or the person has previously
been convicted under subparagraph (C) or subparagraph
(F) of this paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft

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accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, 11-501.9, paragraph (b) of Section 11-401,
or for reckless homicide as defined in Section 9-3 of
the Criminal Code of 1961;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury; or
(K) the person in committing a second violation of

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subsection (a) or a similar provision was transporting
a person under the age of 16.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in Section 11-501.2, a
mandatory minimum of 90 days of imprisonment and a
mandatory minimum fine of $2,500 shall be imposed in
addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was
transporting a person under the age of 16, a mandatory fine
of $25,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in

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Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, or urine was 0.16 or more based

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on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal

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or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to

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a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08;
95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08;
95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
(625 ILCS 5/11-501.9 new)
Sec. 11-501.9. Medical cannabis; qualifying patient;
restrictions.
(a) No person who is a qualifying patient in possession of
a valid registry card under the Compassionate Use of Medical
Cannabis Pilot Program Act may operate a motor vehicle unless 6
hours have passed from the time that the qualifying patient
last consumed medical cannabis.
(b) No person who is a qualifying patient in possession of
a valid registry card under the Compassionate Use of Medical
Cannabis Pilot Program Act who has a concentration of cannabis

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in the person's urine of at least 15 nanograms of cannabis per
milliliter of the person's urine or has a concentration of
cannabis in the person's whole blood of at least 5 nanograms of
cannabis per milliliter of the person's whole blood shall drive
or be in actual physical control of any vehicle within this
State.
(c) The sole fact that the person is a qualifying patient
under the Compassionate Use of Medical Cannabis Pilot Program
Act in possession of a registry card shall not constitute
reasonable suspicion or probable cause that there is a
violation under this Section or elsewhere.
(d) Any violation of this Section shall subject the
offender to the penalties set forth in Section 11-501 and all
other appropriate sanctions under law.
Section 150. The Cannabis Control Act is amended by
changing Sections 4, 5, 8, 9, and 16.1 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect to:
(a) not more than 2.5 grams of any substance containing
cannabis is guilty of a Class C misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;

HB0030 Engrossed - 84 - LRB097 03078 RLC 43111 b
(c) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall
be guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 3
felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 2
felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony; .
(h) if any offense is committed under subsection (a) or
(b) and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a
Class 4 felony;
(i) if any offense is committed under subsection (c)
and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a
Class 3 felony;

HB0030 Engrossed - 85 - LRB097 03078 RLC 43111 b
(j) if any offense is committed under subsection (d)
and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a
Class 2 felony;
(k) if any offense is committed under subsection (e)
and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a
Class 1 felony;
(l) if any offense is committed under subsection (f)
and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a
Class X felony; or
(m) if any offense is committed under subsection (g)
and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a
Class X felony extended term.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. It is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this section
with respect to:
(a) not more than 2.5 grams of any substance containing
cannabis is guilty of a Class B misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of any

HB0030 Engrossed - 86 - LRB097 03078 RLC 43111 b
substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 30 grams of any
substance containing cannabis is guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of any
substance containing cannabis is guilty of a Class 3 felony for
which a fine not to exceed $50,000 may be imposed;
(e) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis is guilty of a Class 2 felony
for which a fine not to exceed $100,000 may be imposed;
(f) more than 2,000 grams but not more than 5,000 grams of
any substance containing cannabis is guilty of a Class 1 felony
for which a fine not to exceed $150,000 may be imposed;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class X felony for which a fine not to
exceed $200,000 may be imposed; .
(h) if any offense is committed under subsections (a), (b)
or (c) and the defendant is a registered nonprofit medical
cannabis organization agent, the defendant is guilty of a Class
3 felony;
(i) if any offense is committed under subsection (d) and
the defendant is a registered nonprofit medical cannabis
organization agent, the defendant is guilty of a Class 2
felony;
(j) if any offense is committed under subsection (e) and
the defendant is a registered nonprofit medical cannabis

HB0030 Engrossed - 87 - LRB097 03078 RLC 43111 b
organization agent, the defendant is guilty of a Class 1
felony;
(k) if any offense is committed under subsection (f) and
the defendant is a registered nonprofit medical cannabis
organization agent, the defendant is guilty of a Class X
felony; or
(l) if any offense is committed under subsection (g) and
the defendant is a registered nonprofit medical cannabis
organization agent, the defendant is guilty of a Class X with
an extended term.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
Sec. 8. It is unlawful for any person knowingly to produce
the cannabis sativa plant or to possess such plants unless
production or possession has been authorized pursuant to the
provisions of Section 11 of the Act. Any person who violates
this Section with respect to production or possession of:
(a) Not more than 5 plants is guilty of a Class A
misdemeanor.
(b) More than 5, but not more than 20 plants, is guilty of
a Class 4 felony.
(c) More than 20, but not more than 50 plants, is guilty of
a Class 3 felony.
(d) More than 50, but not more than 200 plants, is guilty
of a Class 2 felony for which a fine not to exceed $100,000 may

HB0030 Engrossed - 88 - LRB097 03078 RLC 43111 b
be imposed and for which liability for the cost of conducting
the investigation and eradicating such plants may be assessed.
Compensation for expenses incurred in the enforcement of this
provision shall be transmitted to and deposited in the
treasurer's office at the level of government represented by
the Illinois law enforcement agency whose officers or employees
conducted the investigation or caused the arrest or arrests
leading to the prosecution, to be subsequently made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. If such seizure was made by a combination of law
enforcement personnel representing different levels of
government, the court levying the assessment shall determine
the allocation of such assessment. The proceeds of assessment
awarded to the State treasury shall be deposited in a special
fund known as the Drug Traffic Prevention Fund.
(e) More than 200 plants is guilty of a Class 1 felony for
which a fine not to exceed $100,000 may be imposed and for
which liability for the cost of conducting the investigation
and eradicating such plants may be assessed. Compensation for
expenses incurred in the enforcement of this provision shall be
transmitted to and deposited in the treasurer's office at the
level of government represented by the Illinois law enforcement
agency whose officers or employees conducted the investigation
or caused the arrest or arrests leading to the prosecution, to
be subsequently made available to that law enforcement agency

HB0030 Engrossed - 89 - LRB097 03078 RLC 43111 b
as expendable receipts for use in the enforcement of laws
regulating controlled substances and cannabis. If such seizure
was made by a combination of law enforcement personnel
representing different levels of government, the court levying
the assessment shall determine the allocation of such
assessment. The proceeds of assessment awarded to the State
treasury shall be deposited in a special fund known as the Drug
Traffic Prevention Fund.
(Source: P.A. 95-247, eff. 1-1-08.)
(720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
Sec. 9. (a) Any person who engages in a calculated criminal
cannabis conspiracy, as defined in subsection (b), is guilty of
a Class 3 felony, and fined not more than $200,000 and shall be
subject to the forfeitures prescribed in subsection (c); except
that, if any person engages in such offense after one or more
prior convictions under this Section, Section 4 (d), Section 5
(d), Section 8 (d) or any law of the United States or of any
State relating to cannabis, or controlled substances as defined
in the Illinois Controlled Substances Act, in addition to the
fine and forfeiture authorized above, he shall be guilty of a
Class 1 felony for which an offender may not be sentenced to
death; if any offense is committed under this Section and the
defendant is a registered nonprofit medical cannabis
organization agent, the defendant is guilty of a Class X
felony.

HB0030 Engrossed - 90 - LRB097 03078 RLC 43111 b
(b) For purposes of this section, a person engages in a
calculated criminal cannabis conspiracy when:
(1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c) or
8 (d) of this Act; and
(2) such violation is a part of a conspiracy undertaken or
carried on with 2 or more other persons; and
(3) he obtains anything of value greater than $500 from, or
organizes, directs or finances such violation or conspiracy.
(c) Any person who is convicted under this Section of
engaging in a calculated criminal cannabis conspiracy shall
forfeit to the State of Illinois:
(1) the receipts obtained by him in such conspiracy; and
(2) any of his interests in, claims against, receipts from,
or property or rights of any kind affording a source of
influence over, such conspiracy.
(d) The circuit court may enter such injunctions,
restraining orders, directions, or prohibitions, or take such
other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right or other interest subject to forfeiture under
this Section, as it deems proper.
(Source: P.A. 84-1233.)
(720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
Sec. 16.1. In any prosecution for any violation of this
Act, it shall be an affirmative defense that the substance

HB0030 Engrossed - 91 - LRB097 03078 RLC 43111 b
possessed by the defendant was regulated as a controlled
substance under the Illinois Controlled Substances Act or
pursuant to the Compassionate Use of Medical Cannabis Pilot
Program Act. In order to raise this affirmative defense, the
defendant shall give notice thereof to the State not less than
7 days prior to trial.
(Source: P.A. 84-1313; 84-1362.)
(720 ILCS 550/11 rep.)
(720 ILCS 550/15 rep.)
Section 155. The Cannabis Control Act is amended by
repealing Sections 11 and 15.
Section 160. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.