Illinois General Assembly

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 Bill Status of HB0001  98th General Assembly


Short Description:  MEDICAL CANNABIS

House Sponsors
Rep. Lou Lang - Kelly M. Cassidy - Emanuel Chris Welch - Greg Harris - Robyn Gabel, Ann Williams, Sara Feigenholtz, Deborah Mell, Kenneth Dunkin, Camille Y. Lilly, Naomi D. Jakobsson and Luis Arroyo

Senate Sponsors
(Sen. William R. Haine - Linda Holmes - Iris Y. Martinez - William Delgado and Donne E. Trotter)

Last Action
DateChamber Action
  8/1/2013HousePublic Act . . . . . . . . . 98-0122

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Contains only a short title provision.

House Committee Amendment No. 1
Adds reference to:
10 ILCS 5/9-45 new
30 ILCS 105/5.826 new
35 ILCS 5/201from Ch. 120, par. 2-201
35 ILCS 105/3-10
35 ILCS 110/3-10from Ch. 120, par. 439.33-10
35 ILCS 115/3-10from Ch. 120, par. 439.103-10
35 ILCS 120/2-10
625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1
625 ILCS 5/6-206
625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514
625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.1
625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-502.1 new

Replaces everything after the enacting clause. 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 2.5 ounces of usable cannabis during a 14-day period that is derived solely from an intrastate source. Creates the Compassionate Use of Medical Cannabis Fund in the State treasury to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforcement of the Act. Provides that funds in excess of the direct and indirect costs associated with the implementation, administration, and enforcement of the Act shall be used to fund crime prevention programs. Provides that a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce. Provides that the proceeds from this tax shall be deposited into the Compassionate Use of Medical Cannabis Fund created under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Act is repealed 4 years after its effective date. Amends the Illinois Income Tax Act. Provides that for each of taxable years during the Compassionate Use of Medical Cannabis Pilot Program, a surcharge is imposed on all taxpayers on income arising from the sale or exchange of capital assets, depreciable business property, real property used in the trade or business, and Section 197 intangibles of an organization registrant under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the amount of the surcharge is equal to the amount of federal income tax liability for the taxable year attributable to those sales and exchanges. Provides that this tax shall be paid by a medical cannabis cultivation center and is not the responsibility of a dispensary organization or a registered qualifying patient. Amends the Election Code. Provides that it is unlawful for any medical cannabis cultivation center or medical cannabis dispensary organization or any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Provides that it is unlawful for any candidate, political committee, or other person to knowingly accept or receive any contribution prohibited by this provision. Provides that it is unlawful for any officer or agent of a medical cannabis cultivation center or dispensary organization to consent to any contribution or expenditure by the medical cannabis organization that is prohibited by this provision. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that "prescription and nonprescription medicines and drugs" includes medical cannabis purchased from a registered dispensing organization under the Compassionate Use of Medical Cannabis Pilot Program Act. Amends the Illinois Vehicle Code. Provides that the DUI provisions do not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis. Amends the State Finance Act. Creates the Compassionate Use of Medical Cannabis Fund in the State treasury. Provides that the provisions of the Act are severable. Effective immediately.

House Committee Amendment No. 2
Provides that the Department of Public Health may waive the submission of a qualifying patient's complete fingerprints based on (1) the severity of the patient's illness and (2) the inability of the qualifying patient to obtain those fingerprints, provided that a complete criminal background check is conducted by the Department of State Police prior to the issuance of a registry identification card.

House Committee Amendment No. 3
Provides that debilitating condition includes residual limb pain.

House Committee Amendment No. 4
Deletes the immediate effective date. Provides that the Act takes effect on January 1, 2014.

House Floor Amendment No. 5
Deletes provisions that a VA physician must sign off on any written certification for medical cannabis for use by the qualifying patient.

Actions 
DateChamber Action
  1/6/2013HousePrefiled with Clerk by Rep. Lou Lang
  1/9/2013HouseFirst Reading
  1/9/2013HouseReferred to Rules Committee
  1/28/2013HouseAdded Co-Sponsor Rep. Ann Williams
  2/8/2013HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  2/19/2013HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  2/20/2013HouseAdded Chief Co-Sponsor Rep. Greg Harris
  2/26/2013HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  2/26/2013HouseChief Co-Sponsor Changed to Rep. Robyn Gabel
  2/27/2013HouseAssigned to Human Services Committee
  2/28/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  2/28/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2013HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/1/2013HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
  3/1/2013HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/4/2013HouseHouse Committee Amendment No. 2 Rules Refers to Human Services Committee
  3/5/2013HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Lou Lang
  3/5/2013HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  3/5/2013HouseHouse Committee Amendment No. 4 Filed with Clerk by Rep. Lou Lang
  3/5/2013HouseHouse Committee Amendment No. 4 Referred to Rules Committee
  3/5/2013HouseHouse Committee Amendment No. 3 Rules Refers to Human Services Committee
  3/5/2013HouseHouse Committee Amendment No. 4 Rules Refers to Human Services Committee
  3/6/2013HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/6/2013HouseHouse Committee Amendment No. 2 Adopted in Human Services Committee; by Voice Vote
  3/6/2013HouseHouse Committee Amendment No. 3 Adopted in Human Services Committee; by Voice Vote
  3/6/2013HouseHouse Committee Amendment No. 4 Adopted in Human Services Committee; by Voice Vote
  3/6/2013HouseDo Pass as Amended / Short Debate Human Services Committee; 011-004-000
  3/6/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/7/2013HouseSecond Reading - Short Debate
  3/7/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/7/2013HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/14/2013HouseAdded Co-Sponsor Rep. Deborah Mell
  3/15/2013HouseRemoved Co-Sponsor Rep. Ann Williams
  3/15/2013HouseAdded Co-Sponsor Rep. Ann Williams
  4/4/2013HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/8/2013HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Lou Lang
  4/8/2013HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  4/9/2013HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 005-000-000
  4/10/2013HouseRecalled to Second Reading - Short Debate
  4/10/2013HouseHouse Floor Amendment No. 5 Adopted
  4/10/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/17/2013HouseThird Reading - Short Debate - Passed 061-057-000
  4/17/2013HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/17/2013HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/17/2013HouseAdded Co-Sponsor Rep. Luis Arroyo
  4/17/2013SenateArrive in Senate
  4/17/2013SenatePlaced on Calendar Order of First Reading April 18, 2013
  4/17/2013SenateChief Senate Sponsor Sen. William R. Haine
  4/18/2013SenateFirst Reading
  4/18/2013SenateReferred to Assignments
  4/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  4/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  4/30/2013SenateAssigned to Executive
  5/1/2013SenateAdded as Alternate Chief Co-Sponsor Sen. William Delgado
  5/9/2013SenateDo Pass Executive; 010-005-000
  5/9/2013SenatePlaced on Calendar Order of 2nd Reading May 14, 2013
  5/14/2013SenateSecond Reading
  5/14/2013SenatePlaced on Calendar Order of 3rd Reading May 15, 2013
  5/17/2013SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/17/2013SenateThird Reading - Passed; 035-021-000
  5/17/2013HousePassed Both Houses
  6/5/2013HouseSent to the Governor
  8/1/2013HouseGovernor Approved
  8/1/2013HouseEffective Date January 1, 2014
  8/1/2013HousePublic Act . . . . . . . . . 98-0122

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