95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2865

 

Introduced 2/15/2008, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 550/8   from Ch. 56 1/2, par. 708
720 ILCS 550/11 rep.

    Creates the Alternative Treatment for Serious Diseases Causing Chronic Pain and Debilitating Conditions 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 12 cannabis plants and 2.5 ounces of usable cannabis. Amends the Cannabis Control Act to make conforming changes. Provides that the provisions of the Act are severable. Effective immediately.


LRB095 20021 RLC 46457 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2865 LRB095 20021 RLC 46457 b

1     AN ACT concerning alternative treatment for serious
2 diseases causing chronic pain and debilitating conditions.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 1. Short title. This Act may be cited as the
6 Alternative Treatment for Serious Diseases Causing Chronic
7 Pain and Debilitating Conditions Act.
 
8     Section 5. Findings.
9     (a) Modern medical research has discovered beneficial uses
10 for marijuana in treating or alleviating the pain, nausea, and
11 other symptoms associated with a variety of debilitating
12 medical conditions, as found by the National Academy of
13 Sciences' Institute of Medicine in March 1999.
14     (b) Subsequent studies since the 1999 National Academy of
15 Sciences' Institute of Medicine report continue to show the
16 therapeutic value of marijuana in treating a wide array of
17 debilitating medical conditions, including increasing the
18 chances of patients finishing their treatments for HIV/AIDS and
19 hepatitis C.
20     (c) Data from the Federal Bureau of Investigation's Uniform
21 Crime Reports and the Compendium of Federal Justice Statistics
22 show that approximately 99 out of every 100 marijuana arrests
23 in the U.S. are made under state law, rather than under federal

 

 

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1 law. Consequently, changing state law will have the practical
2 effect of protecting from arrest the vast majority of seriously
3 ill people who have a medical need to use marijuana.
4     (d) Although federal law currently prohibits any use of
5 marijuana except under very limited circumstances, Alaska,
6 California, Colorado, Hawaii, Maine, Montana, Nevada, New
7 Mexico, Oregon, Vermont, Rhode Island, and Washington have
8 removed state-level criminal penalties from the medical use and
9 cultivation of marijuana. Illinois joins in this effort for the
10 health and welfare of its citizens.
11     (e) States are not required to enforce federal law or
12 prosecute people for engaging in activities prohibited by
13 federal law. Therefore, compliance with this Act does not put
14 the State of Illinois in violation of federal law.
15     (f) State law should make a distinction between the medical
16 and non-medical uses of marijuana. Hence, the purpose of this
17 Act is to protect patients with debilitating medical
18 conditions, as well as their practitioners and primary
19 caregivers, from arrest and prosecution, criminal and other
20 penalties, and property forfeiture if such patients engage in
21 the medical use of marijuana.
22     (g) The people of the State of Illinois declare that they
23 enact this Act pursuant to the police power to protect the
24 health of its citizens that is reserved to the State of
25 Illinois and its people under the 10th Amendment to the United
26 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) "Cardholder" means a qualifying patient or a primary
4 caregiver who has been issued and possesses a valid registry
5 identification card.
6     (b) "Debilitating medical condition" means one or more of
7 the following:
8         (1) cancer, glaucoma, positive status for human
9     immunodeficiency virus, acquired immune deficiency
10     syndrome, hepatitis C, amyotrophic lateral sclerosis,
11     Crohn's disease, agitation of Alzheimer's disease, nail
12     patella, or the treatment of these conditions;
13         (2) a chronic or debilitating disease or medical
14     condition or its treatment that produces one or more of the
15     following: cachexia or wasting syndrome; severe pain;
16     severe nausea; seizures, including but not limited to those
17     characteristic of epilepsy; or severe and persistent
18     muscle spasms, including but not limited to those
19     characteristic of multiple sclerosis; or
20         (3) 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,

 

 

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1 greenhouse, or other enclosed area equipped with locks or other
2 security devices that permit access only by a registered
3 primary caregiver or registered qualifying patient.
4     (e) "Felony drug offense" means a violation of a state or
5 federal controlled substance law that was classified as a
6 felony in the jurisdiction where the person was convicted. It
7 does not include:
8         (1) an offense for which the sentence, including any
9     term of probation, incarceration, or supervised release,
10     was completed 10 or more years earlier; or
11         (2) an offense that involved conduct that would have
12     been permitted under this Act.
13     (f) "Marijuana" has the meaning given to the term cannabis
14 in Section 3 of the Cannabis Control Act.
15     (g) "Medical use" means the acquisition, possession,
16 cultivation, manufacture, use, delivery, transfer, or
17 transportation of marijuana or paraphernalia relating to the
18 administration of marijuana to treat or alleviate a registered
19 qualifying patient's debilitating medical condition or
20 symptoms associated with the patient's debilitating medical
21 condition.
22     (h) "Practitioner" means a person who is licensed with
23 authority to prescribe drugs under Article III of the Illinois
24 Controlled Substance Act.
25     (i) "Primary caregiver" means a person who is at least 21
26 years old, who has agreed to assist with a patient's medical

 

 

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1 use of marijuana, and who has never been convicted of a felony
2 drug offense. A primary caregiver may assist no more than 5
3 qualifying patients with their medical use of marijuana.
4     (j) "Qualifying patient" means a person who has been
5 diagnosed by a practitioner as having a debilitating medical
6 condition.
7     (k) "Registry identification card" means a document issued
8 by the Department that identifies a person as a registered
9 qualifying patient or registered primary caregiver.
10     (l) "Usable marijuana" means the dried leaves and flowers
11 of the marijuana plant, and any mixture or preparation thereof,
12 but does not include the seeds, stalks, and roots of the plant
13 and does not include the weight of other ingredients in
14 marijuana prepared for consumption as food.
15     (m) "Visiting qualifying patient" means a patient who is
16 not a resident of Illinois or who has been a resident of
17 Illinois less than 30 days.
18     (n) "Written certification" means a document signed by a
19 practitioner, stating that in the practitioner's professional
20 opinion the patient is likely to receive therapeutic or
21 palliative benefit from the medical use of marijuana to treat
22 or alleviate the patient's debilitating medical condition or
23 symptoms associated with the debilitating medical condition. A
24 written certification shall be made only in the course of a
25 bona fide practitioner-patient relationship after the
26 practitioner has completed a full assessment of the qualifying

 

 

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1 patient's medical history. The written certification shall
2 specify the qualifying patient's debilitating medical
3 condition.
 
4     Section 15. Protections for the medical use of marijuana.
5     (a) A qualifying patient who has been issued and possesses
6 a registry identification card shall not be subject to arrest,
7 prosecution, or penalty in any manner, or denied any right or
8 privilege, including but not limited to civil penalty or
9 disciplinary action by a business or occupational or
10 professional licensing board or bureau, for the medical use of
11 marijuana in accordance with this Act, provided that the
12 qualifying patient possesses an amount of marijuana that does
13 not exceed 12 marijuana plants and two-and-one-half ounces of
14 usable marijuana. Such plants shall be kept in an enclosed,
15 locked facility, unless they are being transported because the
16 qualifying patient is moving or if they are being transported
17 to the qualifying patient's property. Any incidental amount of
18 seeds, stalks, and unusable roots shall also be allowed under
19 state law and shall not be included in this amount.
20     (b) A primary caregiver who has been issued and possesses a
21 registry identification card shall not be subject to arrest,
22 prosecution, or penalty in any manner, or denied any right or
23 privilege, including but not limited to civil penalty or
24 disciplinary action by a business or occupational or
25 professional licensing board or bureau, for assisting a

 

 

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1 qualifying patient to whom he or she is connected through the
2 Department's registration process with the medical use of
3 marijuana in accordance with this Act, provided that the
4 primary caregiver possesses an amount of marijuana that does
5 not exceed 12 marijuana plants and two-and-one-half ounces of
6 usable marijuana for each qualifying patient to whom he or she
7 is connected through the Department's registration process.
8 Such plants shall be kept in an enclosed, locked facility,
9 unless they are being transported because the primary caregiver
10 is moving or if they are being transported to a primary
11 caregiver's or a qualifying patient's property. Any incidental
12 amount of seeds, stalks, and unusable roots shall also be
13 allowed under state law and shall not be included in this
14 amount.
15     (c) (1) There shall be a presumption that a qualifying
16 patient or primary caregiver is engaged in the medical use of
17 marijuana in accordance with this Act if the qualifying patient
18 or primary caregiver:
19             (A) is in possession of a registry identification
20         card; and
21             (B) is in possession of an amount of marijuana that
22         does not exceed the amount allowed under this Act.
23         (2) The presumption may be rebutted by evidence that
24     conduct related to marijuana was not for the purpose of
25     treating or alleviating the qualifying patient's
26     debilitating medical condition or symptoms associated with

 

 

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1     the debilitating medical condition, in accordance with
2     this Act.
3     (d) A cardholder shall not be subject to arrest,
4 prosecution, or penalty in any manner, or denied any right or
5 privilege, including but not limited to civil penalty or
6 disciplinary action by a business or occupational or
7 professional licensing board or bureau, for giving marijuana to
8 a registered qualifying patient or a registered primary
9 caregiver for the registered qualifying patient's medical use
10 where nothing of value is transferred in return, or to offer to
11 do the same.
12     (e) No school, employer, or landlord may refuse to enroll
13 or employ or lease to, or otherwise penalize a person solely
14 for his or her status as a registered qualifying patient or a
15 registered primary caregiver, unless failing to do so would put
16 the school, employer, or landlord in violation of federal law
17 or cause it to lose a federal contract or funding.
18     (f) A person shall not be denied custody or visitation of a
19 minor for acting in accordance with this Act, unless the
20 person's behavior is such that it creates an unreasonable
21 danger to the minor that can be clearly articulated and
22 substantiated.
23     (g) A registered primary caregiver may receive
24 compensation for costs associated with assisting a registered
25 qualifying patient's medical use of marijuana, provided that
26 registered primary caregiver is connected to the registered

 

 

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1 qualifying patient through the Department's registration
2 process. Any such compensation shall not constitute the sale of
3 controlled substances.
4     (h) A practitioner shall not be subject to arrest,
5 prosecution, or penalty in any manner, or denied any right or
6 privilege, including but not limited to civil penalty or
7 disciplinary action by the Medical Disciplinary Board or by any
8 other business or occupational or professional licensing board
9 or bureau, solely for providing written certifications or for
10 otherwise stating that, in the practitioner's professional
11 opinion, a patient is likely to receive therapeutic benefit
12 from the medical use of marijuana to treat or alleviate the
13 patient's serious or debilitating medical condition or
14 symptoms associated with the serious or debilitating medical
15 condition, provided that nothing shall prevent a professional
16 licensing board from sanctioning a practitioner for failing to
17 properly evaluate a patient's medical condition or otherwise
18 violating the standard of care for evaluating medical
19 conditions.
20     (i) A person shall not be subject to arrest, prosecution,
21 or penalty in any manner, or denied any right or privilege,
22 including but not limited to civil penalty or disciplinary
23 action by a business or occupational or professional licensing
24 board or bureau, for providing a registered qualifying patient
25 or a registered primary caregiver with marijuana paraphernalia
26 for purposes of a qualifying patient's medical use of

 

 

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1 marijuana.
2     (j)(1) Any marijuana, marijuana paraphernalia, licit
3 property, or interest in licit property that is possessed,
4 owned, or used in connection with the medical use of marijuana,
5 as allowed under this Act, or acts incidental to such use,
6 shall not be seized or forfeited.
7         (2) A law enforcement agency that seizes and does not
8     return marijuana that is possessed in accordance with this
9     Act by a registered qualifying patient or a registered
10     primary caregiver shall be liable to the cardholder for the
11     fair market value of the marijuana.
12     (k) A person shall not be subject to arrest, prosecution,
13 or penalty in any manner, or denied any right or privilege,
14 including but not limited to civil penalty or disciplinary
15 action by a business or occupational or professional licensing
16 board or bureau, simply for being in the presence or vicinity
17 of the medical use of marijuana as allowed under this Act, or
18 for assisting a registered qualifying patient with using or
19 administering marijuana.
20     (l) A registry identification card, or its equivalent, that
21 is issued under the laws of another state, district, territory,
22 commonwealth, or insular possession of the United States that
23 allows the medical use of marijuana by a visiting qualifying
24 patient, shall have the same force and effect as a registry
25 identification card issued by the Department.
26     (m) Any cardholder who sells marijuana to a person who is

 

 

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1 not allowed to use marijuana for medical purposes under this
2 Act shall have his or her registry identification card revoked,
3 and is liable for any other penalties for the sale of
4 marijuana. The Department may revoke the registry
5 identification card of any cardholder who violates this Act,
6 and the cardholder shall be liable for any other penalties for
7 the violation.
 
8     Section 20. Department to issue rules.
9     (a) Not later than 120 days after the effective date of
10 this Act, the Department shall promulgate rules governing the
11 manner in which it shall consider petitions from the public to
12 add debilitating medical conditions to the list of debilitating
13 medical conditions set forth in subsection (b) of Section 10 of
14 this Act. In considering such petitions, the Department shall
15 include public notice of, and an opportunity to comment in a
16 public hearing upon, such petitions. The Department shall,
17 after hearing, approve or deny such petitions within 180 days
18 of submission of the petition. The approval or denial of such a
19 petition shall be considered a final Department action, subject
20 to judicial review. Jurisdiction and venue for judicial review
21 are vested in the Circuit Court.
22     (b) Not later than 120 days after the effective date of
23 this Act, the Department shall promulgate rules governing the
24 manner in which it shall consider applications for and renewals
25 of registry identification cards for qualifying patients and

 

 

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1 primary caregivers. The Department's rules shall establish
2 application and renewal fees that generate revenues sufficient
3 to offset all expenses of implementing and administering this
4 Act. The Department may establish a sliding scale of
5 application and renewal fees based upon a qualifying patient's
6 family income. The Department may accept donations from private
7 sources in order to reduce the application and renewal fees.
 
8     Section 25. Administering the Department's rules.
9     (a) The Department shall issue registry identification
10 cards to qualifying patients who submit the following, in
11 accordance with the Department's rules:
12         (1) written certification;
13         (2) application or renewal fee;
14         (3) name, address, and date of birth of the qualifying
15     patient, except that if the applicant is homeless, no
16     address is required;
17         (4) name, address, and telephone number of the
18     qualifying patient's practitioner; and
19         (5) name, address, and date of birth of each primary
20     caregiver, if any, of the qualifying patient.
21     (b) The Department shall not issue a registry
22 identification card to a qualifying patient who is under the
23 age of 18 unless:
24         (1) The qualifying patient's practitioner has
25     explained the potential risks and benefits of the medical

 

 

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1     use of marijuana to the qualifying patient and to a parent,
2     guardian, or person having legal custody of the qualifying
3     patient; and
4         (2) The parent, guardian, or person having legal
5     custody consents in writing to:
6             (A) allow the qualifying patient's medical use of
7         marijuana;
8             (B) serve as one of the qualifying patient's
9         primary caregivers; and
10             (C) control the acquisition of the marijuana, the
11         dosage, and the frequency of the medical use of
12         marijuana by the qualifying patient.
13     (c) The Department shall verify the information contained
14 in an application or renewal submitted pursuant to this
15 Section, and shall approve or deny an application or renewal
16 within 15 days of receiving it. The Department may deny an
17 application or renewal only if the applicant did not provide
18 the information required pursuant to this Section, or if the
19 Department determines that the information provided was
20 falsified. Rejection of an application or renewal is considered
21 a final Department action, subject to judicial review.
22 Jurisdiction and venue for judicial review are vested in the
23 Illinois Circuit Court.
24     (d) The Department shall issue a registry identification
25 card to each primary caregiver, if any, who is named in a
26 qualifying patient's approved application, up to a maximum of 2

 

 

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1 primary caregivers per qualifying patient.
2     (e) The Department shall issue registry identification
3 cards within 5 days of approving an application or renewal,
4 which shall expire one year after the date of issuance.
5 Registry identification cards shall contain all of the
6 following:
7         (1) Name, address, and date of birth of the qualifying
8     patient;
9         (2) Name, address, and date of birth of each primary
10     caregiver, if any, of the qualifying patient;
11         (3) The date of issuance and expiration date of the
12     registry identification card;
13         (4) A random identification number that is unique to
14     the cardholder; and
15         (5) A photograph, if the Department decides to require
16     one.
17     (f)(1) A registered qualifying patient shall notify the
18 Department of any change in the registered qualifying patient's
19 name, address, or primary caregiver, or if the registered
20 qualifying patient ceases to have his or her debilitating
21 medical condition, within 10 days of such change.
22         (2) A registered qualifying patient who fails to notify
23     the Department of any of these changes is responsible for a
24     civil infraction, punishable by a fine of no more than
25     $150. If the registered qualifying patient's certifying
26     practitioner notifies the Department in writing that the

 

 

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1     registered qualifying patient has ceased to suffer from a
2     debilitating medical condition, the card shall become null
3     and void upon notification by the Department to the
4     qualifying patient.
5         (3) A registered primary caregiver shall notify the
6     Department of any change in his or her name or address
7     within 10 days of such change. A registered primary
8     caregiver who fails to notify the Department of any of
9     these changes is responsible for a civil infraction,
10     punishable by a fine of no more than $150.
11         (4) When a registered qualifying patient or registered
12     primary caregiver notifies the Department of any changes
13     listed in this subsection, the Department shall issue the
14     registered qualifying patient and each registered primary
15     caregiver a new registry identification card within 10 days
16     of receiving the updated information and a $10 fee.
17         (5) When a registered qualifying patient changes his or
18     her registered primary caregiver, the Department shall
19     notify the primary caregiver within 10 days. The registered
20     primary caregiver's protections as provided in this Act
21     shall expire 10 days after notification by the Department.
22         (6) If a registered qualifying patient or registered
23     primary caregiver loses his or her registry identification
24     card, he or she shall notify the Department and submit a
25     $10 fee within 10 days of losing the card. Within 5 days
26     after such notification, the Department shall issue a new

 

 

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1     registry identification card with a new random
2     identification number.
3     (g) Possession of, or application for, a registry
4 identification card shall not constitute probable cause or
5 reasonable suspicion, nor shall it be used to support the
6 search of the person or property of the person possessing or
7 applying for the registry identification card.
8     (h) The following confidentiality rules shall apply:
9         (1) Applications and supporting information submitted
10     by qualifying patients, including information regarding
11     their primary caregivers and practitioners, are
12     confidential.
13         (2) The Department shall maintain a confidential list
14     of the persons to whom the Department has issued registry
15     identification cards. Individual names and other
16     identifying information on the list shall be confidential,
17     exempt from the Freedom of Information Act, and not subject
18     to disclosure, except to authorized employees of the
19     Department as necessary to perform official duties of the
20     Department.
21         (3) The Department shall verify to law enforcement
22     personnel whether a registry identification card is valid,
23     without disclosing more information than is reasonably
24     necessary to verify the authenticity of the registry
25     identification card.
26         (4) It is a Class B misdemeanor for any person,

 

 

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1     including an employee or official of the Department or
2     another state agency or local government, to breach the
3     confidentiality of information obtained pursuant to this
4     Act. Notwithstanding this provision, Department employees
5     may notify law enforcement about falsified or fraudulent
6     information submitted to the Department, so long as the
7     employee who suspects that falsified or fraudulent
8     information has been submitted confers with his or her
9     supervisor (or at least one other employee of the
10     Department) and both agree that circumstances exist that
11     warrant reporting.
12     (i) The Department shall submit to the General Assembly an
13 annual report that does not disclose any identifying
14 information about qualifying patients, primary caregivers, or
15 practitioners, but does contain, at a minimum, all of the
16 following information:
17         (1) The number of applications and renewals filed for
18     registry identification cards.
19         (2) The number of qualifying patients and primary
20     caregivers approved in each county.
21         (3) The nature of the debilitating medical conditions
22     of the qualifying patients.
23         (4) The number of registry identification cards
24     revoked.
25         (5) The number of practitioners providing written
26     certifications for qualifying patients.

 

 

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1     (j) Where a state-funded or locally funded law enforcement
2 agency encounters an individual who, during the course of the
3 investigation, credibly asserts that he or she is a registered
4 qualifying patient or registered primary caregiver, the law
5 enforcement agency shall not provide any information from any
6 marijuana-related investigation of the person to any law
7 enforcement authority that does not recognize the protection of
8 this Act and any prosecution of the individual for a violation
9 of this Act shall be conducted pursuant to the laws of this
10 State.
 
11     Section 30. Scope of Act.
12     (a) This Act shall not permit any person to do any of the
13 following:
14         (1) Undertake any task under the influence of
15     marijuana, when doing so would constitute negligence or
16     professional malpractice.
17         (2) Possess marijuana, or otherwise engage in the
18     medical use of marijuana:
19             (A) in a school bus;
20             (B) on the grounds of any preschool or primary or
21         secondary school; or
22             (C) in any correctional facility.
23         (3) Smoke marijuana:
24             (A) on any form of public transportation; or
25             (B) in any public place.

 

 

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1         (4) Operate, navigate, or be in actual physical control
2     of any motor vehicle, aircraft, or motorboat while under
3     the influence of marijuana. However, a registered
4     qualifying patient shall not be considered to be under the
5     influence of marijuana solely because of the presence of
6     metabolites or components of marijuana that appear in
7     insufficient concentration to cause impairment.
8     (b) Nothing in this Act shall be construed to require:
9         (1) A government medical assistance program or private
10     health insurer to reimburse a person for costs associated
11     with the medical use of marijuana; or
12         (2) An employer to accommodate the ingestion of
13     marijuana in any workplace or any employee working while
14     under the influence of marijuana, provided that a
15     qualifying patient shall not be considered to be under the
16     influence of marijuana solely because of the presence of
17     metabolites or components of marijuana that appear in
18     insufficient concentration to cause impairment.
19     (c) Fraudulent representation to a law enforcement
20 official of any fact or circumstance relating to the medical
21 use of marijuana to avoid arrest or prosecution is a petty
22 offense punishable by a fine of $500, which shall be in
23 addition to any other penalties that may apply for making a
24 false statement or for the use of marijuana other than use
25 undertaken pursuant to this Act.
 

 

 

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1     Section 35. Affirmative defense and dismissal for medical
2 marijuana.
3     (a) Except as provided in Section 30, a patient and a
4 patient's primary caregiver, if any, may assert the medical
5 purpose for using marijuana as a defense to any prosecution
6 involving marijuana, and this defense shall be presumed valid
7 where the evidence shows that:
8         (1) A practitioner has stated that, in the
9     practitioner's professional opinion, after having
10     completed a full assessment of the patient's medical
11     history and current medical condition made in the course of
12     a bona fide practitioner-patient relationship, the patient
13     is likely to receive therapeutic or palliative benefit from
14     the medical use of marijuana to treat or alleviate the
15     patient's serious or debilitating medical condition or
16     symptoms associated with the patient's serious or
17     debilitating medical condition; and
18         (2) The patient and the patient's primary caregiver, if
19     any, were collectively in possession of a quantity of
20     marijuana that was not more than was reasonably necessary
21     to ensure the uninterrupted availability of marijuana for
22     the purpose of treating or alleviating the patient's
23     serious or debilitating medical condition or symptoms
24     associated with the patient's serious or debilitating
25     medical condition; and
26         (3) The patient and the patient's primary caregiver, if

 

 

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1     any, were engaged in the acquisition, possession,
2     cultivation, manufacture, use, delivery, transfer, or
3     transportation of marijuana or paraphernalia relating to
4     the administration of marijuana to treat or alleviate the
5     patient's serious or debilitating medical condition or
6     symptoms associated with the patient's serious or
7     debilitating medical condition.
8     (b) A person may assert the medical purpose for using
9 marijuana in a motion to dismiss, and the charges shall be
10 dismissed following an evidentiary hearing where the person
11 shows the elements listed in subsection (a).
12     (c) If a patient or a patient's primary caregiver
13 demonstrates the patient's medical purpose for using marijuana
14 pursuant to this Section, the patient and the patient's primary
15 caregiver shall not be subject to the following for the
16 patient's use of marijuana for medical purposes:
17         (1) disciplinary action by a business or occupational
18     or professional licensing board or bureau; or
19         (2) forfeiture of any interest in or right to property.
 
20     Section 40. Enforcement of this Act.
21     (a) If the Department fails to adopt rules to implement
22 this Act within 120 days of the effective date of this Act, a
23 qualifying patient may commence an action in the Circuit Court
24 to compel the Department to perform the actions mandated
25 pursuant to the provisions of this Act.

 

 

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1     (b) If the Department fails to issue a valid registry
2 identification card in response to a valid application or
3 renewal submitted pursuant to this Act within 20 days of its
4 submission, the registry identification card shall be deemed
5 granted, and a copy of the registry identification application
6 or renewal shall be deemed a valid registry identification
7 card.
8     (c) If at any time after the 140 days following the
9 effective date of this Act the Department is not accepting
10 applications, including if it has not created rules allowing
11 qualifying patients to submit applications, a notarized
12 statement by a qualifying patient containing the information
13 required in an application, pursuant to clauses (a)(2) through
14 (a)(5) of Section 25 together with a written certification
15 shall be deemed a valid registry identification card.
 
16     Section 45. Medical marijuana organization.
17     (a) Definition. For purposes of this Section, "medical
18 marijuana organization" means an entity registered under this
19 Section that acquires, possesses, cultivates, manufactures,
20 delivers, transfers, transports, supplies, or dispenses
21 marijuana, or related supplies and educational materials, to
22 registered qualifying patients and their registered primary
23 caregivers. A medical marijuana organization is a primary
24 caregiver. All provisions of this Act pertaining to a primary
25 caregiver shall apply to a medical marijuana organization

 

 

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1 unless they conflict with a provision contained in this
2 Section. A medical marijuana organization shall supply
3 marijuana to any number of registered qualifying patients who
4 have designated it as one of their primary caregivers.
5     (b) Registration requirements.
6         (1) The Department shall register a medical marijuana
7     organization and issue a registration certificate within
8     20 days to any person or entity that provides:
9             (A) A fee paid to the Department in the amount of
10         $5,000;
11             (B) The legal name of the medical marijuana
12         organization;
13             (C) The physical address of the medical marijuana
14         organization and the physical address of one
15         additional location, if any, where marijuana will be
16         cultivated;
17             (D) The name, address, and date of birth of each
18         principal officer and board member of the medical
19         marijuana organization;
20             (E) The name, address, and date of birth of any
21         person who is an agent of or employed by the medical
22         marijuana organization.
23         (2) The Department shall track the number of registered
24     qualifying patients who designate each medical marijuana
25     organization as a primary caregiver, and issue a written
26     statement to the medical marijuana organization of the

 

 

SB2865 - 24 - LRB095 20021 RLC 46457 b

1     number of qualifying patients who have designated the
2     medical marijuana organization to serve as a primary
3     caregiver for them. This statement shall be updated each
4     time a new registered qualifying patient designates the
5     medical marijuana organization or ceases to designate the
6     medical marijuana organization and may be transmitted
7     electronically if the Department's rules so provide. The
8     Department may provide by rule that the updated written
9     statements will not be issued more frequently than twice
10     each week.
11         (3) The Department shall issue each principal officer,
12     board member, agent, and employee of a medical marijuana
13     organization a registry identification card within 10 days
14     of receipt of the person's name, address, date of birth,
15     and a fee in an amount established by the Department. Each
16     card shall specify that the cardholder is a principal
17     officer, board member, agent, or employee of a medical
18     marijuana organization and shall contain the following:
19             (A) The name, address, and date of birth of the
20         principal officer, board member, agent or employee;
21             (B) The legal name of the medical marijuana
22         organization to which the principal officer, board
23         member, agent, or employee is affiliated;
24             (C) A random identification number that is unique
25         to the cardholder;
26             (D) The date of issuance and expiration date of the

 

 

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1         registry identification card; and
2             (E) A photograph, if the Department decides to
3         require one.
4         (4) The Department shall not issue a registry
5     identification card to any principal officer, board
6     member, agent, or employee of a medical marijuana
7     organization who has been convicted of a felony drug
8     offense. The Department may conduct a background check of
9     each principal officer, board member, agent, or employee in
10     order to carry out this provision. The Department shall
11     notify the medical marijuana organization in writing of the
12     purpose for denying the registry identification card.
13     However, the Department shall grant such person a registry
14     identification card if the Department determines that the
15     person's conviction was for the medical use of marijuana or
16     assisting with the medical use of marijuana.
17     (c) Authority of the Department. Not later than 120 days
18 after the effective date of this Act, the Department shall
19 promulgate rules governing the manner in which it shall
20 consider applications for and renewals of registration
21 certificates for medical marijuana organizations, including
22 rules governing:
23         (1) The form and content of registration and renewal
24     applications;
25         (2) Minimum oversight requirements for medical
26     marijuana organizations;

 

 

SB2865 - 26 - LRB095 20021 RLC 46457 b

1         (3) Minimum record-keeping requirements for medical
2     marijuana organizations;
3         (4) Minimum security requirements for medical
4     marijuana organizations; and
5         (5) Procedures for suspending or terminating the
6     registration of medical marijuana organizations that
7     violate the provisions of this Section or the rules
8     promulgated pursuant to this subsection.
9     (d) Expiration. A medical marijuana organization
10 registration certificate and the registry identification card
11 for each principal officer, board member, agent, or employee
12 shall expire one year after the date of issuance. The
13 Department shall issue a renewal medical marijuana
14 organization registration certificate and renewal registry
15 identification cards within 10 days to any person who complies
16 with the requirements contained in subsection (b) of this
17 Section.
18     (e) Inspection. Medical marijuana organizations are
19 subject to reasonable inspection by the Department. The
20 Department shall give reasonable notice of an inspection under
21 this subsection.
22     (f) Medical marijuana organization requirements.
23         (1) A medical marijuana organization may not be located
24     within 500 feet of the property line of a preexisting
25     public or private school.
26         (2) A medical marijuana organization shall notify the

 

 

SB2865 - 27 - LRB095 20021 RLC 46457 b

1     Department within 10 days of when a principal officer,
2     board member, agent, or employee ceases to work at the
3     medical marijuana organization.
4         (3) A medical marijuana organization shall notify the
5     Department in writing of the name, address, and date of
6     birth of any new principal officer, board member, agent, or
7     employee and shall submit a fee in an amount established by
8     the Department for a new registry identification card
9     before a new agent or employee begins working at the
10     medical marijuana organization.
11         (4) A medical marijuana organization shall implement
12     appropriate security measures to deter and prevent
13     unauthorized entrance into areas containing marijuana and
14     the theft of marijuana.
15         (5) The operating documents of a medical marijuana
16     organization shall include procedures for the oversight of
17     the medical marijuana organization and procedures to
18     ensure accurate record keeping.
19         (6) A medical marijuana organization is prohibited
20     from acquiring, possessing, cultivating, manufacturing,
21     delivering, transferring, transporting, supplying, or
22     dispensing marijuana for any purpose except to assist
23     registered qualifying patients with the medical use of
24     marijuana directly or through the qualifying patients'
25     other primary caregiver.
26         (7) All principal officers and board members of a

 

 

SB2865 - 28 - LRB095 20021 RLC 46457 b

1     medical marijuana organization must be residents of the
2     State of Illinois.
3     (g) Immunity.
4         (1) No registered medical marijuana organization shall
5     be subject to prosecution, search, seizure, or penalty in
6     any manner or denied any right or privilege, including but
7     not limited to, civil penalty or disciplinary action by a
8     business, occupational, or professional licensing board or
9     entity, solely for acting in accordance with this Section
10     to assist registered qualifying patients to whom it is
11     connected through the Department's registration process
12     with the medical use of marijuana.
13         (2) No principal officers, board members, agents, or
14     employees of a registered medical marijuana organization
15     shall be subject to arrest, prosecution, search, seizure,
16     or penalty in any manner or denied any right or privilege,
17     including but not limited to civil penalty or disciplinary
18     action by a business, occupational, or professional
19     licensing board or entity, solely for working for or with a
20     medical marijuana organization in accordance with this
21     Act.
22     (h) Prohibitions.
23         (1) A medical marijuana organization may not possess an
24     amount of marijuana that exceeds the total of the allowable
25     amounts of marijuana for the registered qualifying
26     patients for whom the medical marijuana organization is a

 

 

SB2865 - 29 - LRB095 20021 RLC 46457 b

1     registered primary caregiver.
2         (2) A medical marijuana organization may not dispense,
3     deliver, or otherwise transfer marijuana to a person other
4     than a qualifying patient who has designated the medical
5     marijuana organization as a primary caregiver or to such
6     patient's primary caregiver.
7         (3) A medical marijuana organization may not obtain
8     marijuana from outside the State of Illinois.
9         (4) A person convicted of violating paragraph (2) of
10     this subsection may not be an employee, agent, principal
11     officer, or board member of any medical marijuana
12     organization, and such person's registry identification
13     card shall be immediately revoked.
14         (5) No person who has been convicted of a felony drug
15     offense may be the principal officer, board member, agent,
16     or employee of a medical marijuana organization unless the
17     Department has determined that the person's conviction was
18     for the medical use of marijuana or assisting with the
19     medical use of marijuana and issued the person a registry
20     identification card as provided under subsection (b)(3). A
21     person who is employed by or is an agent, principal
22     officer, or board member of a medical marijuana
23     organization in violation of this Section is guilty of a
24     civil violation punishable by a fine of up to $1,000. A
25     subsequent violation of this Section is a Class B
26     misdemeanor.
 

 

 

SB2865 - 30 - LRB095 20021 RLC 46457 b

1     Section 90. The Cannabis Control Act is amended by changing
2 Section 8 as follows:
 
3     (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
4     Sec. 8. It is unlawful for any person knowingly to produce
5 the cannabis sativa plant or to possess such plants or to
6 deliver such plants unless production or possession has been
7 authorized pursuant to the provisions of the Alternative
8 Treatment for Serious Diseases Causing Chronic Pain and
9 Debilitating Conditions Act Section 11 of the Act.
10     (1) Any person who violates this Section with respect to
11 production or possession of:
12     (a) Not more than 5 plants is guilty of a Class A
13 misdemeanor, except that a violation under paragraph (2) of
14 this Section is a Class 4 felony.
15     (b) More than 5, but not more than 20 plants, is guilty of
16 a Class 4 felony, except that a violation under paragraph (2)
17 of this Section is a Class 3 felony.
18     (c) More than 20, but not more than 50 plants, is guilty of
19 a Class 3 felony, except that a violation under paragraph (2)
20 of this Section is a Class 2 felony.
21     (d) More than 50, but not more than 200 plants, is guilty
22 of a Class 2 felony, except that a violation under paragraph
23 (2) of this Section is a Class 1 felony, for which a fine not to
24 exceed $100,000 may be imposed and for which liability for the

 

 

SB2865 - 31 - LRB095 20021 RLC 46457 b

1 cost of conducting the investigation and eradicating such
2 plants may be assessed. Compensation for expenses incurred in
3 the enforcement of this provision shall be transmitted to and
4 deposited in the treasurer's office at the level of government
5 represented by the Illinois law enforcement agency whose
6 officers or employees conducted the investigation or caused the
7 arrest or arrests leading to the prosecution, to be
8 subsequently made available to that law enforcement agency as
9 expendable receipts for use in the enforcement of laws
10 regulating controlled substances and cannabis. If such seizure
11 was made by a combination of law enforcement personnel
12 representing different levels of government, the court levying
13 the assessment shall determine the allocation of such
14 assessment. The proceeds of assessment awarded to the State
15 treasury shall be deposited in a special fund known as the Drug
16 Traffic Prevention Fund.
17     (e) More than 200 plants is guilty of a Class 1 felony,
18 except that a violation under paragraph (2) of this Section is
19 a Class X felony, for which a fine not to exceed $100,000 may
20 be imposed and for which liability for the cost of conducting
21 the investigation and eradicating such plants may be assessed.
22 Compensation for expenses incurred in the enforcement of this
23 provision shall be transmitted to and deposited in the
24 treasurer's office at the level of government represented by
25 the Illinois law enforcement agency whose officers or employees
26 conducted the investigation or caused the arrest or arrests

 

 

SB2865 - 32 - LRB095 20021 RLC 46457 b

1 leading to the prosecution, to be subsequently made available
2 to that law enforcement agency as expendable receipts for use
3 in the enforcement of laws regulating controlled substances and
4 cannabis. If such seizure was made by a combination of law
5 enforcement personnel representing different levels of
6 government, the court levying the assessment shall determine
7 the allocation of such assessment. The proceeds of assessment
8 awarded to the State treasury shall be deposited in a special
9 fund known as the Drug Traffic Prevention Fund.
10     (2) Any person authorized pursuant to the provisions of the
11 Alternative Treatment for Serious Diseases Causing Chronic
12 Pain and Debilitating Conditions Act to produce or possess the
13 cannabis sativa plant, who knowingly produces the cannabis
14 sativa plant or possesses such plants or delivers such plants
15 except as provided for in the Alternative Treatment for Serious
16 Diseases Causing Chronic Pain and Debilitating Conditions Act,
17 is guilty of violating this Section. Any violation of this
18 paragraph (2) shall be punished according to the number of
19 plants involved in the violation as provided in paragraph (1)
20 of this Section.
21 (Source: P.A. 95-247, eff. 1-1-08.)
 
22     (720 ILCS 550/11 rep.)
23     Section 95. The Cannabis Control Act is amended by
24 repealing Section 11.
 

 

 

SB2865 - 33 - LRB095 20021 RLC 46457 b

1     Section 97. Severability. The provisions of this Act are
2 severable under Section 1.31 of the Statute on Statutes.
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.