Bill Text: IL SB1381 | 2009-2010 | 96th General Assembly | Engrossed
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 7 dried cannabis plants and 2 ounces of dried usable cannabis. Amends the Cannabis Control Act to make conforming changes. Provides that the provisions of the Act are severable. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2010-11-30 - Placed on Calendar - Consideration Postponed [SB1381 Detail]
Download: Illinois-2009-SB1381-Engrossed.html
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1 | AN ACT concerning alternative treatment for serious
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2 | diseases causing chronic pain and debilitating conditions.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 1. Short title. This Act may be cited as the | ||||||
6 | Compassionate Use of Medical Cannabis Pilot Program Act.
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7 | Section 5. Findings. | ||||||
8 | (a) Modern medical research has discovered beneficial uses | ||||||
9 | for cannabis in treating or alleviating the pain, nausea, and | ||||||
10 | other symptoms associated with a variety of debilitating | ||||||
11 | medical conditions, as found by the National Academy of | ||||||
12 | Sciences' Institute of Medicine in March 1999. | ||||||
13 | (b) Subsequent studies since the 1999 National Academy of | ||||||
14 | Sciences' Institute of Medicine report continue to show the | ||||||
15 | therapeutic value of cannabis in treating a wide array of | ||||||
16 | debilitating medical conditions, including increasing the | ||||||
17 | chances of patients finishing their treatments for HIV/AIDS and | ||||||
18 | hepatitis C. | ||||||
19 | (c) Data from the Federal Bureau of Investigation's Uniform | ||||||
20 | Crime Reports and the Compendium of Federal Justice Statistics | ||||||
21 | show that approximately 99 out of every 100 cannabis arrests in | ||||||
22 | the U.S. are made under state law, rather than under federal | ||||||
23 | law. Consequently, changing state law will have the practical |
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1 | effect of protecting from arrest the vast majority of seriously | ||||||
2 | ill people who have a medical need to use cannabis. | ||||||
3 | (d) Although federal law currently prohibits any use of | ||||||
4 | cannabis except under very limited circumstances, Alaska, | ||||||
5 | California, Colorado, Hawaii, Maine, Michigan, Montana, | ||||||
6 | Nevada, New Mexico, Oregon, Vermont, Rhode Island, and | ||||||
7 | Washington have removed state-level criminal penalties from | ||||||
8 | the medical use and cultivation of cannabis. Illinois joins in | ||||||
9 | this effort for the health and welfare of its citizens. | ||||||
10 | (e) States are not required to enforce federal law or | ||||||
11 | prosecute people for engaging in activities prohibited by | ||||||
12 | federal law. Therefore, compliance with this Act does not put | ||||||
13 | the State of Illinois in violation of federal law. | ||||||
14 | (f) State law should make a distinction between the medical | ||||||
15 | and non-medical uses of cannabis. Hence, the purpose of this | ||||||
16 | Act is to protect patients with debilitating medical | ||||||
17 | conditions, as well as their physicians and primary caregivers, | ||||||
18 | from arrest and prosecution, criminal and other penalties, and | ||||||
19 | property forfeiture if such patients engage in the medical use | ||||||
20 | of cannabis. | ||||||
21 | (g) The people of the State of Illinois declare that they | ||||||
22 | enact this Act pursuant to the police power to protect the | ||||||
23 | health of its citizens that is reserved to the State of | ||||||
24 | Illinois and its people under the 10th Amendment to the United | ||||||
25 | States Constitution.
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1 | Section 10. Definitions. The following terms, as used in | ||||||
2 | this Act, shall have the meanings set forth in this Section: | ||||||
3 | (a) "Adequate supply" means an amount of cannabis possessed | ||||||
4 | by a qualified patient or collectively possessed by a qualified | ||||||
5 | patient and the qualified patient's primary caregiver that is | ||||||
6 | determined by rule of the Department to be no more than | ||||||
7 | reasonably necessary to ensure the uninterrupted availability | ||||||
8 | of cannabis for a period of 60 days and that is derived solely | ||||||
9 | from an intrastate source. Until the Department determines what | ||||||
10 | constitutes a 60-day supply of medicine, patients shall be | ||||||
11 | presumed to be in compliance with this Act if they possess no | ||||||
12 | more than 2 ounces of dried usable cannabis and 6 cannabis | ||||||
13 | plants, no more than 3 of which can be mature cannabis plants.
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14 | As used in this subsection (a), "mature cannabis plant" means a | ||||||
15 | female cannabis plant that meets one or more of the following 3 | ||||||
16 | criteria: (1) has observable flowers or buds, (2) is at least | ||||||
17 | 12 inches in height, or (3) is at least 12 inches in diameter. | ||||||
18 | (a-1) "Cardholder" means a qualifying patient or a primary | ||||||
19 | caregiver who has been issued and possesses a valid registry | ||||||
20 | identification card. | ||||||
21 | (b) "Debilitating medical condition" means one or more of | ||||||
22 | the following: | ||||||
23 | (1) cancer, glaucoma, positive status for human | ||||||
24 | immunodeficiency virus, acquired immune deficiency | ||||||
25 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
26 | Crohn's disease, agitation of Alzheimer's disease, nail |
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1 | patella, or the treatment of these conditions; | ||||||
2 | (2) a chronic or debilitating disease or medical | ||||||
3 | condition or its treatment that produces one or more of the | ||||||
4 | following: cachexia or wasting syndrome; seizures, | ||||||
5 | including but not limited to those characteristic of | ||||||
6 | epilepsy; or severe and persistent muscle spasms, | ||||||
7 | including but not limited to those characteristic of | ||||||
8 | multiple sclerosis; | ||||||
9 | (3) a debilitating disease or medical condition or its | ||||||
10 | treatment that produces intractable pain, which is severe, | ||||||
11 | debilitating pain that did not respond to other reasonable | ||||||
12 | medical efforts for a reasonable period of time, including | ||||||
13 | in cases where other treatment options produced serious | ||||||
14 | side effects; | ||||||
15 | (4) a debilitating disease or medical condition or its | ||||||
16 | treatment that produces severe, debilitating nausea that | ||||||
17 | did not respond to other reasonable medical efforts for a | ||||||
18 | reasonable
period of time, including cases where other | ||||||
19 | treatment options produced serious side effects; or | ||||||
20 | (5) any other medical condition or its treatment | ||||||
21 | approved by the Department, as provided for in subsection | ||||||
22 | (a) of Section 20. | ||||||
23 | (c) "Department" means the Department of Public Health, or | ||||||
24 | its successor agency. | ||||||
25 | (d) "Enclosed, locked facility" means a closet, room, | ||||||
26 | greenhouse, or other enclosed area equipped with locks or other |
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1 | security devices that permit access only by a registered | ||||||
2 | primary caregiver or registered qualifying patient. | ||||||
3 | (e) "Felony drug offense" means a violation of a state or | ||||||
4 | federal controlled substance law that was classified as a | ||||||
5 | felony in the jurisdiction where the person was convicted. It | ||||||
6 | does not include: (1) an offense for which the sentence, | ||||||
7 | including any term of probation, incarceration, or supervised | ||||||
8 | release, was completed 10 or more years earlier; or (2) an | ||||||
9 | offense that involved conduct that would have been permitted | ||||||
10 | under this Act. | ||||||
11 | (f) "Cannabis" has the meaning given to the term cannabis | ||||||
12 | in Section 3 of the Cannabis Control Act. | ||||||
13 | (g) "Medical use" means the acquisition, possession, | ||||||
14 | cultivation, manufacture, use, delivery, transfer, or | ||||||
15 | transportation of cannabis or paraphernalia relating to the | ||||||
16 | administration of cannabis to treat or alleviate a registered | ||||||
17 | qualifying patient's debilitating medical condition or | ||||||
18 | symptoms associated with the patient's debilitating medical | ||||||
19 | condition. | ||||||
20 | (h) "Physician" means a person licensed under the Medical | ||||||
21 | Practice Act of 1987 to practice medicine in all its branches | ||||||
22 | who has the authority to prescribe under Article III of the | ||||||
23 | Illinois Controlled Substances Act. | ||||||
24 | (i) "Primary caregiver" means a person who is at least 21 | ||||||
25 | years old, who has agreed to assist with a patient's medical | ||||||
26 | use of cannabis, and who has never been convicted of a felony |
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1 | drug offense. A primary caregiver, other than a medical | ||||||
2 | cannabis organization as defined in this Act may assist no more | ||||||
3 | than one qualifying patient with their medical use of cannabis. | ||||||
4 | A patient may designate only one primary caregiver, except that | ||||||
5 | a patient may designate a medical cannabis organization and one | ||||||
6 | individual primary caregiver. | ||||||
7 | (j) "Qualifying patient" means a person who has been | ||||||
8 | diagnosed by a physician as having a debilitating medical | ||||||
9 | condition. | ||||||
10 | (k) "Registry identification card" means a document issued | ||||||
11 | by the Department that identifies a person as a registered | ||||||
12 | qualifying patient or registered primary caregiver. | ||||||
13 | (l) "Usable cannabis" means the dried leaves and flowers of | ||||||
14 | the cannabis plant, and any mixture or preparation thereof, but | ||||||
15 | does not include the seeds, stalks, and roots of the plant and | ||||||
16 | does not include the weight of other ingredients in cannabis | ||||||
17 | prepared for consumption as food. | ||||||
18 | (m) "Visiting qualifying patient" means a patient who is | ||||||
19 | not a resident of Illinois or who has been a resident of | ||||||
20 | Illinois less than 30 days. | ||||||
21 | (n) "Written certification" means a document signed by a | ||||||
22 | physician, stating: (1) that in the physician's professional | ||||||
23 | opinion the patient is likely to receive therapeutic or | ||||||
24 | palliative benefit from the medical use of cannabis to treat or | ||||||
25 | alleviate the patient's debilitating medical condition or | ||||||
26 | symptoms associated with the debilitating medical condition; |
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1 | (2) that the qualifying patient has a debilitating medical | ||||||
2 | condition and specifying what debilitating medical condition | ||||||
3 | the qualifying patient has; and (3) that the patient is under | ||||||
4 | the physician's care for the debilitating medical condition. A | ||||||
5 | written certification shall be made only in the course of a | ||||||
6 | bona fide physician-patient relationship after the physician | ||||||
7 | has completed a full assessment of the qualifying patient's | ||||||
8 | medical history.
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9 | Section 15. Protections for the medical use of cannabis. | ||||||
10 | (a) A qualifying patient who has been issued and possesses | ||||||
11 | a registry identification card shall not be subject to arrest, | ||||||
12 | prosecution, or penalty in any manner, or denied any right or | ||||||
13 | privilege, including but not limited to civil penalty or | ||||||
14 | disciplinary action by a business or occupational or | ||||||
15 | professional licensing board or bureau, for the medical use of | ||||||
16 | cannabis in accordance with this Act, provided that the | ||||||
17 | qualifying patient possesses an amount of cannabis that does | ||||||
18 | not exceed an "adequate supply" as defined in subsection (a) of | ||||||
19 | Section 10 of this Act of usable cannabis. Such plants shall be | ||||||
20 | kept in an enclosed, locked facility, unless they are being | ||||||
21 | transported because the qualifying patient is moving or if they | ||||||
22 | are being transported to the qualifying patient's property. Any | ||||||
23 | incidental amount of seeds, stalks, and unusable roots shall | ||||||
24 | also be allowed under State law and shall not be included in | ||||||
25 | this amount. |
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1 | (b) A primary caregiver who has been issued and possesses a | ||||||
2 | registry identification card shall not be subject to arrest, | ||||||
3 | prosecution, or penalty in any manner, or denied any right or | ||||||
4 | privilege, including but not limited to civil penalty or | ||||||
5 | disciplinary action by a business or occupational or | ||||||
6 | professional licensing board or bureau, solely for assisting a | ||||||
7 | qualifying patient to whom he or she is connected through the | ||||||
8 | Department's registration process with the medical use of | ||||||
9 | cannabis in accordance with this Act, provided that the primary | ||||||
10 | caregiver possesses an amount of cannabis that does not exceed | ||||||
11 | an "adequate supply" as defined in subsection (a) of Section 10 | ||||||
12 | of this Act for the qualifying patient to whom he or she is | ||||||
13 | connected through the Department's registration process. It is | ||||||
14 | the intent of this provision that the total amount possessed | ||||||
15 | between the qualifying patient and caregiver shall not exceed | ||||||
16 | the patient's "adequate supply" as defined in subsection (a) of | ||||||
17 | Section 10 of this Act. Such plants shall be kept in an | ||||||
18 | enclosed, locked facility, unless they are being transported | ||||||
19 | because the primary caregiver is moving or if they are being | ||||||
20 | transported to a primary caregiver's or a qualifying patient's | ||||||
21 | property. Any incidental amount of seeds, stalks, and unusable | ||||||
22 | roots shall also be allowed under State law and shall not be | ||||||
23 | included in this amount. | ||||||
24 | (c) (1) There shall be a presumption that a qualifying | ||||||
25 | patient or primary caregiver is engaged in the medical use of | ||||||
26 | cannabis in accordance with this Act if the qualifying patient |
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1 | or primary caregiver: | ||||||
2 | (A) is in possession of a registry identification | ||||||
3 | card; and | ||||||
4 | (B) is in possession of an amount of cannabis that | ||||||
5 | does not exceed the amount allowed under this Act. | ||||||
6 | (2) The presumption may be rebutted by evidence that | ||||||
7 | conduct related to cannabis was not for the purpose of | ||||||
8 | treating or alleviating the qualifying patient's | ||||||
9 | debilitating medical condition or symptoms associated with | ||||||
10 | the debilitating medical condition, in accordance with | ||||||
11 | this Act. | ||||||
12 | (d) A cardholder shall not be subject to arrest, | ||||||
13 | prosecution, or penalty in any manner, or denied any right or | ||||||
14 | privilege, including but not limited to civil penalty or | ||||||
15 | disciplinary action by a business or occupational or | ||||||
16 | professional licensing board or bureau, solely for giving | ||||||
17 | cannabis to a registered qualifying patient or a registered | ||||||
18 | primary caregiver for the registered qualifying patient's | ||||||
19 | medical use where nothing of value is transferred in return, or | ||||||
20 | to offer to do the same. | ||||||
21 | (e) No school, employer, or landlord may refuse to enroll | ||||||
22 | or employ or lease to, or otherwise penalize a person solely | ||||||
23 | for his or her status as a registered qualifying patient or a | ||||||
24 | registered primary caregiver, unless failing to do so would put | ||||||
25 | the school, employer, or landlord in violation of federal law | ||||||
26 | or cause it to lose a federal contract or funding. |
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1 | (f) A person shall not be denied custody or visitation of a | ||||||
2 | minor for acting in accordance with this Act, unless the | ||||||
3 | person's behavior is such that it creates an unreasonable | ||||||
4 | danger to the minor that can be clearly articulated and | ||||||
5 | substantiated. | ||||||
6 | (g) A registered primary caregiver may receive | ||||||
7 | compensation for costs associated with assisting a registered | ||||||
8 | qualifying patient's medical use of cannabis, provided that | ||||||
9 | registered primary caregiver is connected to the registered | ||||||
10 | qualifying patient through the Department's registration | ||||||
11 | process. Any such compensation shall not constitute the sale of | ||||||
12 | controlled substances. | ||||||
13 | (h) A physician shall not be subject to arrest, | ||||||
14 | prosecution, or penalty in any manner, or denied any right or | ||||||
15 | privilege, including but not limited to civil penalty or | ||||||
16 | disciplinary action by the Medical Disciplinary Board or by any | ||||||
17 | other business or occupational or professional licensing board | ||||||
18 | or bureau, solely for providing written certifications or for | ||||||
19 | otherwise stating that, in the physician's professional | ||||||
20 | opinion, a patient is likely to receive therapeutic benefit | ||||||
21 | from the medical use of cannabis to treat or alleviate the | ||||||
22 | patient's serious or debilitating medical condition or | ||||||
23 | symptoms associated with the serious or debilitating medical | ||||||
24 | condition, provided that nothing shall prevent a professional | ||||||
25 | licensing board from sanctioning a physician for failing to | ||||||
26 | properly evaluate a patient's medical condition or otherwise |
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1 | violating the standard of care for evaluating medical | ||||||
2 | conditions. | ||||||
3 | (i) A person shall not be subject to arrest, prosecution, | ||||||
4 | or penalty in any manner, or denied any right or privilege, | ||||||
5 | including but not limited to civil penalty or disciplinary | ||||||
6 | action by a business or occupational or professional licensing | ||||||
7 | board or bureau, solely for providing a registered qualifying | ||||||
8 | patient or a registered primary caregiver with cannabis | ||||||
9 | paraphernalia for purposes of a qualifying patient's medical | ||||||
10 | use of cannabis. | ||||||
11 | (j) Any cannabis, cannabis paraphernalia, licit property, | ||||||
12 | or interest in licit property that is possessed, owned, or used | ||||||
13 | in connection with the medical use of cannabis, as allowed | ||||||
14 | under this Act, or acts incidental to such use, shall not be | ||||||
15 | seized or forfeited. | ||||||
16 | (k) A person shall not be subject to arrest, prosecution, | ||||||
17 | or penalty in any manner, or denied any right or privilege, | ||||||
18 | including but not limited to civil penalty or disciplinary | ||||||
19 | action by a business or occupational or professional licensing | ||||||
20 | board or bureau, simply for being in the presence or vicinity | ||||||
21 | of the medical use of cannabis as allowed under this Act, or | ||||||
22 | for assisting a registered qualifying patient with using or | ||||||
23 | administering cannabis. This provision, however, shall not be | ||||||
24 | construed to allow the consumption of cannabis by persons other | ||||||
25 | than qualifying patients. | ||||||
26 | (l) A registry identification card, or its equivalent, that |
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1 | is issued under the laws of another state, district, territory, | ||||||
2 | commonwealth, or insular possession of the United States that | ||||||
3 | allows the medical use of cannabis by a visiting qualifying | ||||||
4 | patient, shall have the same force and effect as a registry | ||||||
5 | identification card issued by the Department. | ||||||
6 | (m) Any cardholder who sells cannabis to a person who is | ||||||
7 | not allowed to use cannabis for medical purposes under this Act | ||||||
8 | shall have his or her registry identification card revoked, and | ||||||
9 | is liable for any other penalties for the sale of cannabis. The | ||||||
10 | Department may revoke the registry identification card of any | ||||||
11 | cardholder who violates this Act, and the cardholder shall be | ||||||
12 | liable for any other penalties for the violation. | ||||||
13 | (n) For purposes of Illinois State law, the consumption or | ||||||
14 | use of cannabis by a registered qualifying patient shall be | ||||||
15 | considered lawful if it is authorized by and in accordance with | ||||||
16 | this Act.
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17 | Section 20. Department to issue rules. | ||||||
18 | (a) Not later than 120 days after the effective date of | ||||||
19 | this Act, the Department shall promulgate rules governing the | ||||||
20 | manner in which it shall consider petitions from the public to | ||||||
21 | add debilitating medical conditions to the list of debilitating | ||||||
22 | medical conditions set forth in subsection (b) of Section 10 of | ||||||
23 | this Act. In considering such petitions, the Department shall | ||||||
24 | include public notice of, and an opportunity to comment in a | ||||||
25 | public hearing upon, such petitions. The Department shall, |
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1 | after hearing, approve or deny such petitions within 180 days | ||||||
2 | of submission of the petition. The approval or denial of such a | ||||||
3 | petition shall be considered a final Department action, subject | ||||||
4 | to judicial review. Jurisdiction and venue for judicial review | ||||||
5 | are vested in the Circuit Court. | ||||||
6 | (b) Not later than 120 days after the effective date of | ||||||
7 | this Act, the Department shall promulgate rules governing the | ||||||
8 | manner in which it shall consider applications for and renewals | ||||||
9 | of registry identification cards for qualifying patients and | ||||||
10 | primary caregivers. The Department's rules shall establish | ||||||
11 | application and renewal fees that generate revenues sufficient | ||||||
12 | to offset all expenses of implementing and administering this | ||||||
13 | Act. The fee shall include an additional $3 per registry | ||||||
14 | identification card which shall be used to develop and | ||||||
15 | disseminate educational information about the health risks | ||||||
16 | associated with the abuse of cannabis and prescription | ||||||
17 | medications. The Department may establish a sliding scale of | ||||||
18 | application and renewal fees based upon a qualifying patient's | ||||||
19 | family income. The Department may accept donations from private | ||||||
20 | sources in order to reduce the application and renewal fees. | ||||||
21 | (c) Not later than 120 days after the effective date of | ||||||
22 | this Act, the Department shall promulgate rules governing the | ||||||
23 | manner in which it shall consider applications for and renewals | ||||||
24 | of registration certificates for medical cannabis | ||||||
25 | organizations, including rules governing the form and content | ||||||
26 | of registration and renewal applications, and a standard form |
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1 | for written certifications.
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2 | Section 25. Administering the Department's rules. | ||||||
3 | (a) The Department shall issue registry identification | ||||||
4 | cards to qualifying patients who submit the following, in | ||||||
5 | accordance with the Department's rules: | ||||||
6 | (1) written certification, which shall be on a form | ||||||
7 | developed by the Department; | ||||||
8 | (2) application or renewal fee; | ||||||
9 | (3) name, address, and date of birth of the qualifying | ||||||
10 | patient, except that if the applicant is homeless, no | ||||||
11 | address is required; | ||||||
12 | (4) name, address, and telephone number of the | ||||||
13 | qualifying patient's physician; and | ||||||
14 | (5) name, address, and date of birth of each primary | ||||||
15 | caregiver, if any, of the qualifying patient. | ||||||
16 | (b) The Department shall not issue a registry | ||||||
17 | identification card to a qualifying patient who is under the | ||||||
18 | age of 18 unless: | ||||||
19 | (1) The qualifying patient's physician has explained | ||||||
20 | the potential risks and benefits of the medical use of | ||||||
21 | cannabis to the qualifying patient and to a parent, | ||||||
22 | guardian, or person having legal custody of the qualifying | ||||||
23 | patient; and | ||||||
24 | (2) The parent, guardian, or person having legal | ||||||
25 | custody consents in writing to: |
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1 | (A) allow the qualifying patient's medical use of | ||||||
2 | cannabis; | ||||||
3 | (B) serve as one of the qualifying patient's | ||||||
4 | primary caregivers; and | ||||||
5 | (C) control the acquisition of the cannabis, the | ||||||
6 | dosage, and the frequency of the medical use of | ||||||
7 | cannabis by the qualifying patient. | ||||||
8 | (c) The Department shall verify the information contained | ||||||
9 | in an application or renewal submitted pursuant to this | ||||||
10 | Section, and shall approve or deny an application or renewal | ||||||
11 | within 15 days of receiving it. The Department may deny an | ||||||
12 | application or renewal only if the applicant did not provide | ||||||
13 | the information required pursuant to this Section, or if the | ||||||
14 | Department determines that the information provided was | ||||||
15 | falsified. Rejection of an application or renewal is considered | ||||||
16 | a final Department action, subject to judicial review. | ||||||
17 | Jurisdiction and venue for judicial review are vested in the | ||||||
18 | Illinois Circuit Court. | ||||||
19 | (d) The Department shall issue a registry identification | ||||||
20 | card to each primary caregiver, if any, who is named in a | ||||||
21 | qualifying patient's approved application, up to a maximum of 2 | ||||||
22 | primary caregivers per qualifying patient. | ||||||
23 | (e) The Department shall issue registry identification | ||||||
24 | cards within 5 days of approving an application or renewal, | ||||||
25 | which shall expire one year after the date of issuance. | ||||||
26 | Registry identification cards shall contain all of the |
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1 | following: | ||||||
2 | (1) Name, address, and date of birth of the qualifying | ||||||
3 | patient; | ||||||
4 | (2) Name, address, and date of birth of each primary | ||||||
5 | caregiver, if any, of the qualifying patient; | ||||||
6 | (3) The date of issuance and expiration date of the | ||||||
7 | registry identification card; | ||||||
8 | (4) A random identification number that is unique to | ||||||
9 | the cardholder; and | ||||||
10 | (5) A photograph, if the Department decides to require | ||||||
11 | one. | ||||||
12 | (f) (1) A registered qualifying patient shall notify the | ||||||
13 | Department of any change in the registered qualifying | ||||||
14 | patient's name, address, or primary caregiver, or if the | ||||||
15 | registered qualifying patient ceases to have his or her | ||||||
16 | debilitating medical condition, within 10 days of such | ||||||
17 | change. | ||||||
18 | (2) A registered qualifying patient who fails to notify | ||||||
19 | the Department of any of these changes is responsible for a | ||||||
20 | civil infraction, punishable by a fine of no more than | ||||||
21 | $150. If the registered qualifying patient's certifying | ||||||
22 | physician notifies the Department in writing that the | ||||||
23 | registered qualifying patient has ceased to suffer from a | ||||||
24 | debilitating medical condition, the card shall become null | ||||||
25 | and void upon notification by the Department to the | ||||||
26 | qualifying patient. |
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1 | (3) A registered primary caregiver shall notify the | ||||||
2 | Department of any change in his or her name or address | ||||||
3 | within 10 days of such change. A registered primary | ||||||
4 | caregiver who fails to notify the Department of any of | ||||||
5 | these changes is responsible for a civil infraction, | ||||||
6 | punishable by a fine of no more than $150. | ||||||
7 | (4) When a registered qualifying patient or registered | ||||||
8 | primary caregiver notifies the Department of any changes | ||||||
9 | listed in this subsection, the Department shall issue the | ||||||
10 | registered qualifying patient and each registered primary | ||||||
11 | caregiver a new registry identification card within 10 days | ||||||
12 | of receiving the updated information and a $10 fee. | ||||||
13 | (5) When a registered qualifying patient changes his or | ||||||
14 | her registered primary caregiver, the Department shall | ||||||
15 | notify the primary caregiver within 10 days. The registered | ||||||
16 | primary caregiver's protections as provided in this Act | ||||||
17 | shall expire 10 days after notification by the Department. | ||||||
18 | (6) If a registered qualifying patient or registered | ||||||
19 | primary caregiver loses his or her registry identification | ||||||
20 | card, he or she shall notify the Department and submit a | ||||||
21 | $10 fee within 10 days of losing the card. Within 5 days | ||||||
22 | after such notification, the Department shall issue a new | ||||||
23 | registry identification card with a new random | ||||||
24 | identification number. | ||||||
25 | (g) Possession of, or application for, a registry | ||||||
26 | identification card shall not constitute probable cause or |
| |||||||
| |||||||
1 | reasonable suspicion, nor shall it be used to support the | ||||||
2 | search of the person or property of the person possessing or | ||||||
3 | applying for the registry identification card. | ||||||
4 | (h) The following confidentiality rules shall apply: | ||||||
5 | (1) Applications and supporting information submitted | ||||||
6 | by qualifying patients, including information regarding | ||||||
7 | their primary caregivers and physicians, are confidential. | ||||||
8 | (2) The Department shall maintain a confidential list | ||||||
9 | of the persons to whom the Department has issued registry | ||||||
10 | identification cards. Individual names and other | ||||||
11 | identifying information on the list shall be confidential, | ||||||
12 | exempt from the Freedom of Information Act, and not subject | ||||||
13 | to disclosure, except to authorized employees of the | ||||||
14 | Department as necessary to perform official duties of the | ||||||
15 | Department. | ||||||
16 | (3) The Department shall verify to law enforcement | ||||||
17 | personnel whether a registry identification card is valid, | ||||||
18 | without disclosing more information than is reasonably | ||||||
19 | necessary to verify the authenticity of the registry | ||||||
20 | identification card. | ||||||
21 | (4) It is a Class B misdemeanor for any person, | ||||||
22 | including an employee or official of the Department or | ||||||
23 | another state agency or local government, to breach the | ||||||
24 | confidentiality of information obtained pursuant to this | ||||||
25 | Act. Notwithstanding this provision, Department employees | ||||||
26 | may notify law enforcement about falsified or fraudulent |
| |||||||
| |||||||
1 | information submitted to the Department, so long as the | ||||||
2 | employee who suspects that falsified or fraudulent | ||||||
3 | information has been submitted confers with his or her | ||||||
4 | supervisor (or at least one other employee of the | ||||||
5 | Department) and both agree that circumstances exist that | ||||||
6 | warrant reporting. | ||||||
7 | (i) The Department shall submit to the General Assembly an | ||||||
8 | annual report that does not disclose any identifying | ||||||
9 | information about qualifying patients, primary caregivers, or | ||||||
10 | physicians, but does contain, at a minimum, all of the | ||||||
11 | following information: | ||||||
12 | (1) The number of applications and renewals filed for | ||||||
13 | registry identification cards. | ||||||
14 | (2) The number of qualifying patients and primary | ||||||
15 | caregivers approved in each county. | ||||||
16 | (3) The nature of the debilitating medical conditions | ||||||
17 | of the qualifying patients. | ||||||
18 | (4) The number of registry identification cards | ||||||
19 | revoked. | ||||||
20 | (5) The number of physicians providing written | ||||||
21 | certifications for qualifying patients. | ||||||
22 | (j) The Department shall develop and disseminate | ||||||
23 | educational information about the health risks associated with | ||||||
24 | the abuse of cannabis and prescription medications, which shall | ||||||
25 | be funded by the $3 fees generated from registry identification | ||||||
26 | cards.
|
| |||||||
| |||||||
1 | Section 30. Scope of Act. | ||||||
2 | (a) This Act shall not permit any person to do any of the | ||||||
3 | following, nor shall it prevent the imposition of any civil, | ||||||
4 | criminal, or other penalties for any such actions: | ||||||
5 | (1) Undertake any task under the influence of cannabis, | ||||||
6 | when doing so would constitute negligence or professional | ||||||
7 | malpractice. | ||||||
8 | (2) Possess cannabis, or otherwise engage in the | ||||||
9 | medical use of cannabis: | ||||||
10 | (A) in a school bus; | ||||||
11 | (B) on the grounds of any preschool or primary or | ||||||
12 | secondary school; or | ||||||
13 | (C) in any correctional facility. | ||||||
14 | (3) Smoke cannabis: | ||||||
15 | (A) on any form of public transportation; or | ||||||
16 | (B) in any public place. | ||||||
17 | (4) Operate, navigate, or be in actual physical control | ||||||
18 | of any motor vehicle, aircraft, or motorboat while under | ||||||
19 | the influence of cannabis. However, a registered | ||||||
20 | qualifying patient shall not be considered to be under the | ||||||
21 | influence of cannabis solely because of the presence of | ||||||
22 | metabolites or components of cannabis that appear in | ||||||
23 | insufficient concentration to cause impairment. | ||||||
24 | (5) Use cannabis if that person does not have a serious | ||||||
25 | or debilitating medical condition.
|
| |||||||
| |||||||
1 | (6) Allow any person who is not allowed to use cannabis | ||||||
2 | under this Act to use cannabis that a cardholder is allowed | ||||||
3 | to possess pursuant to this Act.
| ||||||
4 | (7) Transfer cannabis to any person who is not allowed | ||||||
5 | to possess cannabis under this Act. | ||||||
6 | (b) Nothing in this Act shall be construed to require: | ||||||
7 | (1) A government medical assistance program or private | ||||||
8 | health insurer to reimburse a person for costs associated | ||||||
9 | with the medical use of cannabis; or | ||||||
10 | (2) An employer to accommodate the ingestion of | ||||||
11 | cannabis in any workplace or any employee working while | ||||||
12 | under the influence of cannabis, provided that a qualifying | ||||||
13 | patient shall not be considered to be under the influence | ||||||
14 | of cannabis solely because of the presence of metabolites | ||||||
15 | or components of cannabis that appear in insufficient | ||||||
16 | concentration to cause impairment. | ||||||
17 | (c) Fraudulent representation to a law enforcement | ||||||
18 | official of any fact or circumstance relating to the medical | ||||||
19 | use of cannabis to avoid arrest or prosecution is a petty | ||||||
20 | offense punishable by a fine of $500, which shall be in | ||||||
21 | addition to any other penalties that may apply for making a | ||||||
22 | false statement or for the use of cannabis other than use | ||||||
23 | undertaken pursuant to this Act. | ||||||
24 | (d) Nothing in this Act shall be construed to prevent the | ||||||
25 | arrest or prosecution of a registered qualifying patient for | ||||||
26 | reckless driving or driving under the influence of cannabis |
| |||||||
| |||||||
1 | where probable cause exists. | ||||||
2 | (e) This Act shall in no way limit an employer's ability to | ||||||
3 | discipline an employee for ingesting cannabis in the workplace | ||||||
4 | or for working while under the influence of cannabis. This Act | ||||||
5 | shall in no way limit an employer's ability to discipline an | ||||||
6 | employee for failing a drug test if failing to do so would put | ||||||
7 | the employer in violation of federal law or cause it to lose a | ||||||
8 | federal contract or funding.
| ||||||
9 | Section 35. Affirmative defense and dismissal for medical | ||||||
10 | cannabis. | ||||||
11 | (a) Except as provided in Section 30, a patient and a | ||||||
12 | patient's primary caregiver, if any, may assert the medical | ||||||
13 | purpose for using cannabis as a defense to any prosecution | ||||||
14 | involving cannabis, and this defense shall be presumed valid | ||||||
15 | where the evidence shows that: | ||||||
16 | (1) A physician has stated that, in the physician's | ||||||
17 | professional opinion, after having completed a full | ||||||
18 | assessment of the patient's medical history and current | ||||||
19 | medical condition made in the course of a bona fide | ||||||
20 | physician-patient relationship, the patient is likely to | ||||||
21 | receive therapeutic or palliative benefit from the medical | ||||||
22 | use of cannabis to treat or alleviate the patient's serious | ||||||
23 | or debilitating medical condition or symptoms associated | ||||||
24 | with the patient's serious or debilitating medical | ||||||
25 | condition; and |
| |||||||
| |||||||
1 | (2) The patient and the patient's primary caregiver, if | ||||||
2 | any, were collectively in possession of a quantity of | ||||||
3 | cannabis that was not more than was reasonably necessary to | ||||||
4 | ensure the uninterrupted availability of cannabis for the | ||||||
5 | purpose of treating or alleviating the patient's serious or | ||||||
6 | debilitating medical condition or symptoms associated with | ||||||
7 | the patient's serious or debilitating medical condition; | ||||||
8 | and | ||||||
9 | (3) The patient and the patient's primary caregiver, if | ||||||
10 | any, were engaged in the acquisition, possession, | ||||||
11 | cultivation, manufacture, use, delivery, transfer, or | ||||||
12 | transportation of cannabis or paraphernalia relating to | ||||||
13 | the administration of cannabis to treat or alleviate the | ||||||
14 | patient's serious or debilitating medical condition or | ||||||
15 | symptoms associated with the patient's serious or | ||||||
16 | debilitating medical condition. | ||||||
17 | (b) A person may assert the medical purpose for using | ||||||
18 | cannabis in a motion to dismiss, and the charges shall be | ||||||
19 | dismissed following an evidentiary hearing where the person | ||||||
20 | shows the elements listed in subsection (a). | ||||||
21 | (c) If a patient or a patient's primary caregiver | ||||||
22 | demonstrates the patient's medical purpose for using cannabis | ||||||
23 | pursuant to this Section, the patient and the patient's primary | ||||||
24 | caregiver shall not be subject to the following for the | ||||||
25 | patient's use of cannabis for medical purposes: | ||||||
26 | (1) disciplinary action by a business or occupational |
| |||||||
| |||||||
1 | or professional licensing board or bureau; or | ||||||
2 | (2) forfeiture of any interest in or right to property.
| ||||||
3 | Section 40. Enforcement of this Act. | ||||||
4 | (a) If the Department fails to adopt rules to implement | ||||||
5 | this Act within 120 days of the effective date of this Act, a | ||||||
6 | qualifying patient may commence an action in the Circuit Court | ||||||
7 | to compel the Department to perform the actions mandated | ||||||
8 | pursuant to the provisions of this Act. | ||||||
9 | (b) If the Department fails to issue a valid registry | ||||||
10 | identification card in response to a valid application or | ||||||
11 | renewal submitted pursuant to this Act within 20 days of its | ||||||
12 | submission, the registry identification card shall be deemed | ||||||
13 | granted, and a copy of the registry identification application | ||||||
14 | or renewal shall be deemed a valid registry identification | ||||||
15 | card. | ||||||
16 | (c) If at any time after the 140 days following the | ||||||
17 | effective date of this Act the Department is not accepting | ||||||
18 | applications, including if it has not created rules allowing | ||||||
19 | qualifying patients to submit applications, a notarized | ||||||
20 | statement by a qualifying patient containing the information | ||||||
21 | required in an application, pursuant to clauses (a)(2) through | ||||||
22 | (a)(5) of Section 25 together with a written certification | ||||||
23 | shall be deemed a valid registry identification card.
| ||||||
24 | Section 45. Medical cannabis organization. |
| |||||||
| |||||||
1 | (a) Definition. For purposes of this Section, "medical | ||||||
2 | cannabis organization" means an entity registered under this | ||||||
3 | Section that acquires, possesses, cultivates, manufactures, | ||||||
4 | delivers, transfers, transports, supplies, or dispenses | ||||||
5 | cannabis, or related supplies and educational materials, to | ||||||
6 | registered qualifying patients and their registered primary | ||||||
7 | caregivers. A medical cannabis organization is a primary | ||||||
8 | caregiver. All provisions of this Act pertaining to a primary | ||||||
9 | caregiver shall apply to a medical cannabis organization unless | ||||||
10 | they conflict with a provision contained in this Section. A | ||||||
11 | medical cannabis organization shall supply cannabis to any | ||||||
12 | number of registered qualifying patients who have designated it | ||||||
13 | as one of their primary caregivers. | ||||||
14 | (b) Registration requirements. | ||||||
15 | (1) The Department shall register a medical cannabis | ||||||
16 | organization and issue a registration certificate within | ||||||
17 | 20 days to any person or entity that provides: | ||||||
18 | (A) A fee paid to the Department in the amount of | ||||||
19 | $5,000; | ||||||
20 | (B) The legal name of the medical cannabis | ||||||
21 | organization; | ||||||
22 | (C) The physical address of the medical cannabis | ||||||
23 | organization and the physical address of one | ||||||
24 | additional location, if any, where cannabis will be | ||||||
25 | cultivated; | ||||||
26 | (D) The name, address, and date of birth of each |
| |||||||
| |||||||
1 | principal officer and board member of the medical | ||||||
2 | cannabis organization; | ||||||
3 | (E) The name, address, and date of birth of any | ||||||
4 | person who is an agent of or employed by the medical | ||||||
5 | cannabis organization. | ||||||
6 | (2) The Department shall track the number of registered | ||||||
7 | qualifying patients who designate each medical cannabis | ||||||
8 | organization as a primary caregiver, and issue a written | ||||||
9 | statement to the medical cannabis organization of the | ||||||
10 | number of qualifying patients who have designated the | ||||||
11 | medical cannabis organization to serve as a primary | ||||||
12 | caregiver for them. This statement shall be updated each | ||||||
13 | time a new registered qualifying patient designates the | ||||||
14 | medical cannabis organization or ceases to designate the | ||||||
15 | medical cannabis organization and may be transmitted | ||||||
16 | electronically if the Department's rules so provide. The | ||||||
17 | Department may provide by rule that the updated written | ||||||
18 | statements will not be issued more frequently than twice | ||||||
19 | each week. | ||||||
20 | (3) The Department shall issue each principal officer, | ||||||
21 | board member, agent, and employee of a medical cannabis | ||||||
22 | organization a registry identification card within 10 days | ||||||
23 | of receipt of the person's name, address, date of birth, | ||||||
24 | and a fee in an amount established by the Department. Each | ||||||
25 | card shall specify that the cardholder is a principal | ||||||
26 | officer, board member, agent, or employee of a medical |
| |||||||
| |||||||
1 | cannabis organization and shall contain the following: | ||||||
2 | (A) The name, address, and date of birth of the | ||||||
3 | principal officer, board member, agent or employee; | ||||||
4 | (B) The legal name of the medical cannabis | ||||||
5 | organization to which the principal officer, board | ||||||
6 | member, agent, or employee is affiliated; | ||||||
7 | (C) A random identification number that is unique | ||||||
8 | to the cardholder; | ||||||
9 | (D) The date of issuance and expiration date of the | ||||||
10 | registry identification card; and | ||||||
11 | (E) A photograph, if the Department decides to | ||||||
12 | require one. | ||||||
13 | (4) The Department shall not issue a registry | ||||||
14 | identification card to any principal officer, board | ||||||
15 | member, agent, or employee of a medical cannabis | ||||||
16 | organization who has been convicted of a felony drug | ||||||
17 | offense. The Department may conduct a background check of | ||||||
18 | each principal officer, board member, agent, or employee in | ||||||
19 | order to carry out this provision. The Department shall | ||||||
20 | notify the medical cannabis organization in writing of the | ||||||
21 | purpose for denying the registry identification card. | ||||||
22 | However, the Department shall grant such person a registry | ||||||
23 | identification card if the Department determines that the | ||||||
24 | person's conviction was for the medical use of cannabis or | ||||||
25 | assisting with the medical use of cannabis. | ||||||
26 | (c) Authority of the Department. Not later than 120 days |
| |||||||
| |||||||
1 | after the effective date of this Act, the Department shall | ||||||
2 | promulgate rules governing the manner in which it shall | ||||||
3 | consider applications for and renewals of registration | ||||||
4 | certificates for medical cannabis organizations, including | ||||||
5 | rules governing: | ||||||
6 | (1) The form and content of registration and renewal | ||||||
7 | applications; | ||||||
8 | (2) Minimum oversight requirements for medical | ||||||
9 | cannabis organizations; | ||||||
10 | (3) Minimum record-keeping requirements for medical | ||||||
11 | cannabis organizations; | ||||||
12 | (4) Minimum security requirements for medical cannabis | ||||||
13 | organizations; and | ||||||
14 | (5) Procedures for suspending or terminating the | ||||||
15 | registration of medical cannabis organizations that | ||||||
16 | violate the provisions of this Section or the rules | ||||||
17 | promulgated pursuant to this subsection. | ||||||
18 | (d) Expiration. A medical cannabis organization | ||||||
19 | registration certificate and the registry identification card | ||||||
20 | for each principal officer, board member, agent, or employee | ||||||
21 | shall expire one year after the date of issuance. The | ||||||
22 | Department shall issue a renewal medical cannabis organization | ||||||
23 | registration certificate and renewal registry identification | ||||||
24 | cards within 10 days to any person who complies with the | ||||||
25 | requirements contained in subsection (b) of this Section. | ||||||
26 | (e) Inspection. Medical cannabis organizations are subject |
| |||||||
| |||||||
1 | to random inspection by the Department. | ||||||
2 | (f) Medical cannabis organization requirements. | ||||||
3 | (1) A medical cannabis organization may not be located | ||||||
4 | within 500 feet of the property line of a preexisting | ||||||
5 | public or private school. | ||||||
6 | (2) A medical cannabis organization shall notify the | ||||||
7 | Department within 10 days of when a principal officer, | ||||||
8 | board member, agent, or employee ceases to work at the | ||||||
9 | medical cannabis organization. | ||||||
10 | (3) A medical cannabis organization shall notify the | ||||||
11 | Department in writing of the name, address, and date of | ||||||
12 | birth of any new principal officer, board member, agent, or | ||||||
13 | employee and shall submit a fee in an amount established by | ||||||
14 | the Department for a new registry identification card | ||||||
15 | before a new agent or employee begins working at the | ||||||
16 | medical cannabis organization. | ||||||
17 | (4) A medical cannabis organization shall implement | ||||||
18 | appropriate security measures to deter and prevent | ||||||
19 | unauthorized entrance into areas containing cannabis and | ||||||
20 | the theft of cannabis. | ||||||
21 | (5) The operating documents of a medical cannabis | ||||||
22 | organization shall include procedures for the oversight of | ||||||
23 | the medical cannabis organization and procedures to ensure | ||||||
24 | accurate record keeping. | ||||||
25 | (6) A medical cannabis organization is prohibited from | ||||||
26 | acquiring, possessing, cultivating, manufacturing, |
| |||||||
| |||||||
1 | delivering, transferring, transporting, supplying, or | ||||||
2 | dispensing cannabis for any purpose except to assist | ||||||
3 | registered qualifying patients with the medical use of | ||||||
4 | cannabis directly or through the qualifying patients' | ||||||
5 | other primary caregiver. | ||||||
6 | (7) All principal officers and board members of a | ||||||
7 | medical cannabis organization must be residents of the | ||||||
8 | State of Illinois. | ||||||
9 | (g) Immunity. | ||||||
10 | (1) No registered medical cannabis organization shall | ||||||
11 | be subject to prosecution, search, seizure, or penalty in | ||||||
12 | any manner or denied any right or privilege, including but | ||||||
13 | not limited to, civil penalty or disciplinary action by a | ||||||
14 | business, occupational, or professional licensing board or | ||||||
15 | entity, solely for acting in accordance with this Section | ||||||
16 | to assist registered qualifying patients to whom it is | ||||||
17 | connected through the Department's registration process | ||||||
18 | with the medical use of cannabis. | ||||||
19 | (2) No principal officers, board members, agents, or | ||||||
20 | employees of a registered medical cannabis organization | ||||||
21 | shall be subject to arrest, prosecution, search, seizure, | ||||||
22 | or penalty in any manner or denied any right or privilege, | ||||||
23 | including but not limited to civil penalty or disciplinary | ||||||
24 | action by a business, occupational, or professional | ||||||
25 | licensing board or entity, solely for working for or with a | ||||||
26 | medical cannabis organization in accordance with this Act. |
| |||||||
| |||||||
1 | (h) Prohibitions. | ||||||
2 | (1) A medical cannabis organization may not possess an | ||||||
3 | amount of cannabis that exceeds the total of the allowable | ||||||
4 | amounts of cannabis for the registered qualifying patients | ||||||
5 | for whom the medical cannabis organization is a registered | ||||||
6 | primary caregiver. | ||||||
7 | (2) A medical cannabis organization may not dispense, | ||||||
8 | deliver, or otherwise transfer cannabis to a person other | ||||||
9 | than a qualifying patient who has designated the medical | ||||||
10 | cannabis organization as a primary caregiver or to such | ||||||
11 | patient's primary caregiver. | ||||||
12 | (3) A medical cannabis organization may not obtain | ||||||
13 | cannabis from outside the State of Illinois. | ||||||
14 | (4) A person convicted of violating paragraph (2) of | ||||||
15 | this subsection may not be an employee, agent, principal | ||||||
16 | officer, or board member of any medical cannabis | ||||||
17 | organization, and such person's registry identification | ||||||
18 | card shall be immediately revoked. | ||||||
19 | (5) No person who has been convicted of a felony drug | ||||||
20 | offense may be the principal officer, board member, agent, | ||||||
21 | or employee of a medical cannabis organization unless the | ||||||
22 | Department has determined that the person's conviction was | ||||||
23 | for the medical use of cannabis or assisting with the | ||||||
24 | medical use of cannabis and issued the person a registry | ||||||
25 | identification card as provided under subsection (b)(3). A | ||||||
26 | person who is employed by or is an agent, principal |
| |||||||
| |||||||
1 | officer, or board member of a medical cannabis organization | ||||||
2 | in violation of this Section is guilty of a civil violation | ||||||
3 | punishable by a fine of up to $1,000. A subsequent | ||||||
4 | violation of this Section is a Class B misdemeanor.
| ||||||
5 | Section 50. Repeal of Act. This Act is repealed 3 years | ||||||
6 | after its effective date.
| ||||||
7 | Section 55. Adoption of rules by the Department; 60-day | ||||||
8 | supply for qualifying patients. | ||||||
9 | (a) By July 1, 2010, the Department shall adopt rules | ||||||
10 | defining the quantity of cannabis that could reasonably be | ||||||
11 | presumed to be a 60-day supply for qualifying patients. | ||||||
12 | (b) During the rule-making process, the Department shall | ||||||
13 | make a good faith effort to include all stakeholders identified | ||||||
14 | in the rule-making analysis as being impacted by the rule. | ||||||
15 | (c) Stakeholders shall include, but are not limited to: | ||||||
16 | (1) at least 3 physicians, one of whom must have prior | ||||||
17 | experience treating medical cannabis patients and another | ||||||
18 | who specializes in oncology; | ||||||
19 | (2) 2 nurses, one of whom must have prior experience | ||||||
20 | treating HIV/AIDS patients; | ||||||
21 | (3) a representative from hospice; | ||||||
22 | (4) a representative from the law enforcement | ||||||
23 | community; | ||||||
24 | (5) the Director of State Police or his or her |
| |||||||
| |||||||
1 | designee; | ||||||
2 | (6) a prosecuting attorney currently employed by the | ||||||
3 | State of Illinois; | ||||||
4 | (7) a public defender currently employed by the State | ||||||
5 | of Illinois; | ||||||
6 | (8) a defense attorney in private practice; | ||||||
7 | (9) a licensed phlebotomist; | ||||||
8 | (10) a horticulturist; and | ||||||
9 | (11) a representative of the business community.
| ||||||
10 | Section 95. The Cannabis Control Act is amended by changing | ||||||
11 | Section 8 as follows:
| ||||||
12 | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| ||||||
13 | Sec. 8. (1) It is unlawful for any person knowingly to | ||||||
14 | produce the
cannabis sativa plant or to possess such plants or | ||||||
15 | to deliver such plants unless production or possession
has been | ||||||
16 | authorized pursuant to the provisions of the Compassionate Use | ||||||
17 | of Medical Cannabis Pilot Program Act Section 11 of the Act .
| ||||||
18 | Any person who violates this Section with respect to production | ||||||
19 | or possession of:
| ||||||
20 | (a) Not more than 5 plants is guilty of a Class A | ||||||
21 | misdemeanor , except that a violation under subsection (2) of | ||||||
22 | this Section is a Class 4 felony .
| ||||||
23 | (b) More than 5, but not more than 20 plants, is guilty
of | ||||||
24 | a Class 4 felony , except that a violation under subsection (2) |
| |||||||
| |||||||
1 | of this Section is a Class 3 felony .
| ||||||
2 | (c) More than 20, but not more than 50 plants, is
guilty of | ||||||
3 | a Class 3 felony , except that a violation under subsection (2) | ||||||
4 | of this Section is a Class 2 felony .
| ||||||
5 | (d) More than 50, but not more than 200 plants, is guilty | ||||||
6 | of a Class 2 felony , except that a violation under subsection | ||||||
7 | (2) of this Section is a Class 1 felony, for which
a fine not to | ||||||
8 | exceed $100,000 may be imposed and for which liability for
the | ||||||
9 | cost of conducting the investigation and eradicating such | ||||||
10 | plants may be
assessed. Compensation for expenses incurred in | ||||||
11 | the enforcement of this
provision shall be transmitted to and | ||||||
12 | deposited in the treasurer's office
at the level of government | ||||||
13 | represented by the Illinois law enforcement
agency whose | ||||||
14 | officers or employees conducted the investigation or caused
the | ||||||
15 | arrest or arrests leading to the prosecution, to be | ||||||
16 | subsequently made
available to that law enforcement agency as | ||||||
17 | expendable receipts for use in
the enforcement of laws | ||||||
18 | regulating controlled substances and cannabis. If
such seizure | ||||||
19 | was made by a combination of law enforcement personnel
| ||||||
20 | representing different levels of government, the court levying | ||||||
21 | the
assessment shall determine the allocation of such | ||||||
22 | assessment. The proceeds
of assessment awarded to the State | ||||||
23 | treasury shall be deposited in a special
fund known as the Drug | ||||||
24 | Traffic Prevention Fund. | ||||||
25 | (e) More than 200 plants is guilty of a Class 1 felony , | ||||||
26 | except that a violation under subsection (2) of this Section is |
| |||||||
| |||||||
1 | a Class X felony, for which
a fine not to exceed $100,000 may | ||||||
2 | be imposed and for which liability for
the cost of conducting | ||||||
3 | the investigation and eradicating such plants may be
assessed. | ||||||
4 | Compensation for expenses incurred in the enforcement of this
| ||||||
5 | provision shall be transmitted to and deposited in the | ||||||
6 | treasurer's office
at the level of government represented by | ||||||
7 | the Illinois law enforcement
agency whose officers or employees | ||||||
8 | conducted the investigation or caused
the arrest or arrests | ||||||
9 | leading to the prosecution, to be subsequently made
available | ||||||
10 | to that law enforcement agency as expendable receipts for use | ||||||
11 | in
the enforcement of laws regulating controlled substances and | ||||||
12 | cannabis. If
such seizure was made by a combination of law | ||||||
13 | enforcement personnel
representing different levels of | ||||||
14 | government, the court levying the
assessment shall determine | ||||||
15 | the allocation of such assessment. The proceeds
of assessment | ||||||
16 | awarded to the State treasury shall be deposited in a special
| ||||||
17 | fund known as the Drug Traffic Prevention Fund.
| ||||||
18 | (2) Any person authorized pursuant to the provisions of the | ||||||
19 | Compassionate Use of Medical Cannabis Pilot Program Act to | ||||||
20 | produce or possess the cannabis sativa plant, who knowingly | ||||||
21 | produces the cannabis sativa plant or possesses such plants or | ||||||
22 | delivers such plants except as provided for in the | ||||||
23 | Compassionate Use of Medical Cannabis Pilot Program Act, is | ||||||
24 | guilty of violating this Section. Any violation of this | ||||||
25 | subsection (2) shall be punished according to the number of | ||||||
26 | plants involved in the violation as provided in subsection (1) |
| |||||||
| |||||||
1 | of this Section. | ||||||
2 | (3) Any registered qualifying patient or registered | ||||||
3 | primary caregiver who distributes cannabis to someone who is | ||||||
4 | not allowed to use cannabis is subject to a penalty enhancement | ||||||
5 | of not more than 2 years in prison or a fine of not more than | ||||||
6 | $2,000, or both, for abuse of the Compassionate Use of Medical | ||||||
7 | Cannabis Pilot Program Act. | ||||||
8 | (Source: P.A. 95-247, eff. 1-1-08.)
| ||||||
9 | (720 ILCS 550/11 rep.)
| ||||||
10 | (720 ILCS 550/15 rep.)
| ||||||
11 | Section 96. The Cannabis Control Act is amended by | ||||||
12 | repealing Sections 11 and 15.
| ||||||
13 | Section 97. Severability. The provisions of this Act are | ||||||
14 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|