Bill Text: IL SB2988 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that a registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned exclusively or predominantly for residential use (rather than an area zoned for residential use). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2988 Detail]

Download: Illinois-2013-SB2988-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2988 Introduced 2/4/2014, by Sen. William Delgado SYNOPSIS AS INTRODUCED:
410 ILCS 130/130
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that a registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned exclusively or predominantly for residential use (rather than an area zoned for residential use). Effective immediately.
LRB098 19673 RPM 54879 b
A BILL FOR
SB2988 LRB098 19673 RPM 54879 b
AN ACT concerning public 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 130 as follows:
(410 ILCS 130/130)
(Section scheduled to be repealed on January 1, 2018)
Sec. 130. Requirements; prohibitions; penalties;
dispensing organizations.
(a) The Department of Financial and Professional
Regulation shall implement the provisions of this Section by
rule.
(b) A dispensing organization shall maintain operating
documents which shall include procedures for the oversight of
the registered dispensing organization and procedures to
ensure accurate recordkeeping.
(c) A dispensing organization shall implement appropriate
security measures, as provided by rule, to deter and prevent
the theft of cannabis and unauthorized entrance into areas
containing cannabis.
(d) A dispensing organization may not be located within
1,000 feet of the property line of a pre-existing public or
private preschool or elementary or secondary school or day care

SB2988 - 2 - LRB098 19673 RPM 54879 b
center, day care home, group day care home, or part day child
care facility. A registered dispensing organization may not be
located in a house, apartment, condominium, or an area zoned
exclusively or predominantly for residential use.
(e) A dispensing organization is prohibited from acquiring
cannabis from anyone other than a registered cultivation
center. A dispensing organization is prohibited from obtaining
cannabis from outside the State of Illinois.
(f) A registered dispensing organization is prohibited
from dispensing cannabis for any purpose except to assist
registered qualifying patients with the medical use of cannabis
directly or through the qualifying patients' designated
caregivers.
(g) The area in a dispensing organization where medical
cannabis is stored can only be accessed by dispensing
organization agents working for the dispensing organization,
Department of Financial and Professional Regulation 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.
(h) A dispensing organization may 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 of Public
Health-approved quantity waiver.

SB2988 - 3 - LRB098 19673 RPM 54879 b
(i) Before medical cannabis may be dispensed to a
designated caregiver or a registered qualifying patient, a
dispensing 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 dispensing organization is valid;
(2) that the person presenting the card is the person
identified on the registry identification card presented
to the dispensing organization agent;
(3) that the dispensing organization is the designated
dispensing organization for the registered qualifying
patient who is obtaining the cannabis directly or via his
or her designated caregiver; and
(4) that the registered qualifying patient has not
exceeded his or her adequate supply.
(j) Dispensing organizations shall ensure compliance with
this limitation by maintaining internal, confidential records
that include records specifying how much medical cannabis is
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. Additional recordkeeping
requirements may be set by rule.
(k) The physician-patient privilege as set forth by Section
8-802 of the Code of Civil Procedure shall apply between a

SB2988 - 4 - LRB098 19673 RPM 54879 b
qualifying patient and a registered dispensing organization
and its agents with respect to communications and records
concerning qualifying patients' debilitating conditions.
(l) A dispensing organization may not permit any person to
consume cannabis on the property of a medical cannabis
organization.
(m) A dispensing organization may not share office space
with or refer patients to a physician.
(n) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department of
Financial and Professional Regulation may revoke, suspend,
place on probation, reprimand, refuse to issue or renew, or
take any other disciplinary or non-disciplinary action as the
Department of Financial and Professional Regulation may deem
proper with regard to the registration of any person issued
under this Act to operate a dispensing organization or act as a
dispensing organization agent, including imposing fines not to
exceed $10,000 for each violation, for any violations of this
Act and rules adopted in accordance with this Act. The
procedures for disciplining a registered dispensing
organization shall be determined by rule. All final
administrative decisions of the Department of Financial and
Professional Regulation are subject to judicial review under
the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.

SB2988 - 5 - LRB098 19673 RPM 54879 b
(o) Dispensing organizations are subject to random
inspection and cannabis testing by the Department of Financial
and Professional Regulation and State Police as provided by
rule.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.