Bill Text: IL HB0341 | 2015-2016 | 99th General Assembly | Enrolled

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

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Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that a law enforcement or correctional agency, or any individual employed by a law enforcement or correctional agency, is not subject to criminal or civil liability as a result of taking any action within the scope of the official duties of the agency or individual to prohibit or prevent the possession or use of cannabis by a cardholder incarcerated at a correctional facility.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2015-07-22 - Public Act . . . . . . . . . 99-0096 [HB0341 Detail]

Download: Illinois-2015-HB0341-Enrolled.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Section 25 as follows:
(410 ILCS 130/25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 25. Immunities and presumptions related to the medical
use of cannabis.
(a) A registered qualifying patient is not 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
and, where the registered qualifying patient is a licensed
professional, the use of cannabis does not impair that licensed
professional when he or she is engaged in the practice of the
profession for which he or she is licensed.
(b) A registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege,

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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) A registered qualifying patient or registered
designated caregiver is not 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 possession of cannabis that is
incidental to medical use, but is not usable cannabis as
defined in this Act.
(d)(1) There is a rebuttable presumption that a registered
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

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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
condition or symptoms associated with the debilitating medical
condition in compliance with this Act.
(e) A physician is not 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 or disciplinary 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.
(f) No person may be subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to

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civil penalty or disciplinary action by an occupational or
professional licensing board, solely for: (1) selling cannabis
paraphernalia to a cardholder upon presentation of an unexpired
registry identification card in the recipient's name, if
employed and registered as a dispensing agent by a registered
dispensing organization; (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.
(g) A registered cultivation center is not subject to
prosecution; search or inspection, except by the Department of
Agriculture, Department of Public Health, or State or local law
enforcement under Section 130; 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 under this Act and
Department of Agriculture rules to: acquire, possess,
cultivate, manufacture, deliver, transfer, transport, supply,
or sell cannabis to registered dispensing organizations.
(h) A registered cultivation center agent is not 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 registered cannabis
cultivation center under this Act and Department of Agriculture
rules, including to perform the actions listed under subsection

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(g).
(i) A registered dispensing organization is not subject to
prosecution; search or inspection, except by the Department of
Financial and Professional Regulation or State or local law
enforcement pursuant to Section 130; 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 under this Act and
Department of Financial and Professional Regulation rules to:
acquire, possess, or dispense cannabis, or related supplies,
and educational materials to registered qualifying patients or
registered designated caregivers on behalf of registered
qualifying patients.
(j) A registered dispensing organization agent is not
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 dispensing
organization under this Act and Department of Financial and
Professional Regulation rules, including to perform the
actions listed under subsection (i).
(k) Any cannabis, cannabis paraphernalia, illegal
property, or interest in legal property that is possessed,
owned, or used in connection with the medical use of cannabis
as allowed under this Act, or acts incidental to that use, may
not be seized or forfeited. This Act does not prevent the

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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 under this Act.
(l) Mere possession of, or application for, a registry
identification card or registration certificate does 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 does not
preclude the existence of probable cause if probable cause
exists on other grounds.
(m) Nothing in this Act shall preclude local or State law
enforcement agencies from searching a registered cultivation
center 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, the
Constitution of the United States, and all State statutes.
(n) Nothing in this Act shall preclude local or state law
enforcement agencies from searching a registered dispensing
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, the
Constitution of the United States, and all State statutes.
(o) No individual employed by the State of Illinois shall

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be subject to criminal or civil penalties for taking any action
in accordance with the provisions of this Act, when the actions
are within the scope of his or her employment. Representation
and indemnification of State employees shall be provided to
State employees as set forth in Section 2 of the State Employee
Indemnification Act.
(p) No law enforcement or correctional agency, nor any
individual employed by a law enforcement or correctional
agency, shall be subject to criminal or civil liability, except
for willful and wanton misconduct, as a result of taking any
action within the scope of the official duties of the agency or
individual to prohibit or prevent the possession or use of
cannabis by a cardholder incarcerated at a correctional
facility, jail, or municipal lockup facility, on parole or
mandatory supervised release, or otherwise under the lawful
jurisdiction of the agency or individual.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.