Illinois General Assembly - Full Text of SB0336
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Full Text of SB0336  100th General Assembly

SB0336eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0336 EngrossedLRB100 05118 RJF 15128 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Alternatives
5to Opioids Act of 2018.
 
6    Section 5. The Compassionate Use of Medical Cannabis Pilot
7Program Act is amended by changing Sections 5, 7, 10, 35, 55,
860, 65, 75, 130, and 160 and by adding Section 62 as follows:
 
9    (410 ILCS 130/5)
10    (Section scheduled to be repealed on July 1, 2020)
11    Sec. 5. Findings.
12    (a) The recorded use of cannabis as a medicine goes back
13nearly 5,000 years. Modern medical research has confirmed the
14beneficial uses of cannabis in treating or alleviating the
15pain, nausea, and other symptoms associated with a variety of
16debilitating medical conditions, including cancer, multiple
17sclerosis, and HIV/AIDS, as found by the National Academy of
18Sciences' Institute of Medicine in March 1999.
19    (b) Studies published since the 1999 Institute of Medicine
20report continue to show the therapeutic value of cannabis in
21treating a wide array of debilitating medical conditions. These
22include relief of the neuropathic pain caused by multiple

 

 

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1sclerosis, HIV/AIDS, and other illnesses that often fail to
2respond to conventional treatments and relief of nausea,
3vomiting, and other side effects of drugs used to treat
4HIV/AIDS and hepatitis C, increasing the chances of patients
5continuing on life-saving treatment regimens.
6    (c) Cannabis has many currently accepted medical uses in
7the United States, having been recommended by thousands of
8licensed physicians to at least 600,000 patients in states with
9medical cannabis laws. The medical utility of cannabis is
10recognized by a wide range of medical and public health
11organizations, including the American Academy of HIV Medicine,
12the American College of Physicians, the American Nurses
13Association, the American Public Health Association, the
14Leukemia & Lymphoma Society, and many others.
15    (d) Data from the Federal Bureau of Investigation's Uniform
16Crime Reports and the Compendium of Federal Justice Statistics
17show that approximately 99 out of every 100 cannabis arrests in
18the U.S. are made under state law, rather than under federal
19law. Consequently, changing State law will have the practical
20effect of protecting from arrest the vast majority of seriously
21ill patients who have a medical need to use cannabis.
22    (d-5) In 2014, the Task Force on Veterans' Suicide was
23created by the Illinois General Assembly to gather data on
24veterans' suicide prevention. Data from a U.S. Department of
25Veterans Affairs study indicates that 22 veterans commit
26suicide each day.

 

 

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1    (d-10) According to the State of Illinois Opioid Action
2Plan released in September 2017, "The opioid epidemic is the
3most significant public health and public safety crisis facing
4Illinois".
5    According to the Action Plan, "Fueled by the growing opioid
6epidemic, drug overdoses have now become the leading cause of
7death nationwide for people under the age of 50. In Illinois,
8opioid overdoses have killed nearly 11,000 people since 2008.
9Just last year, nearly 1,900 people died of overdoses—almost
10twice the number of fatal car accidents. Beyond these deaths
11are thousands of emergency department visits, hospital stays,
12as well as the pain suffered by individuals, families, and
13communities".
14    According to the Action Plan, "At the current rate, the
15opioid epidemic will claim the lives of more than 2,700
16Illinoisans in 2020".
17    Further, the Action Plan states, "Physical tolerance to
18opioids can begin to develop as early as two to three days
19following the continuous use of opioids, which is a large
20factor that contributes to their addictive potential".
21    The 2017 State of Illinois Opioid Action Plan also states,
22"The increase in OUD [opioid use disorder] and opioid overdose
23deaths is largely due to the dramatic rise in the rate and
24amount of opioids prescribed for pain over the past decades".
25    Further, according to the Action Plan, "In the absence of
26alternative treatments, reducing the supply of prescription

 

 

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1opioids too abruptly may drive more people to switch to using
2illicit drugs (including heroin), thus increasing the risk of
3overdose".
4    (e) Alaska, Arizona, California, Colorado, Connecticut,
5Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
6Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
7Washington, and Washington, D.C. have removed state-level
8criminal penalties from the medical use and cultivation of
9cannabis. Illinois joins in this effort for the health and
10welfare of its citizens.
11    (f) States are not required to enforce federal law or
12prosecute people for engaging in activities prohibited by
13federal law. Therefore, compliance with this Act does not put
14the State of Illinois in violation of federal law.
15    (g) State law should make a distinction between the medical
16and non-medical uses of cannabis. Hence, the purpose of this
17Act is to protect patients with debilitating medical
18conditions, as well as their physicians and providers, from
19arrest and prosecution, criminal and other penalties, and
20property forfeiture if the patients engage in the medical use
21of cannabis.
22(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
23    (410 ILCS 130/7)
24    (Section scheduled to be repealed on July 1, 2020)
25    Sec. 7. Lawful user and lawful products. For the purposes

 

 

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1of this Act and to clarify the legislative findings on the
2lawful use of cannabis:
3        (1) A cardholder under this Act shall not be considered
4    an unlawful user or addicted to narcotics solely as a
5    result of his or her qualifying patient or designated
6    caregiver status.
7        (2) All medical cannabis products purchased by a
8    qualifying patient at a licensed dispensing organization
9    shall be lawful products and a distinction shall be made
10    between medical and non-medical uses of cannabis as a
11    result of the qualifying patient's cardholder status under
12    the authorized use granted under State law.
13        (3) An individual in possession of an endorsement card
14    from a dispensary organization under Section 62 shall not
15    be considered an unlawful user or addicted to narcotics
16    solely as a result of his or her endorsement card.
17(Source: P.A. 99-519, eff. 6-30-16.)
 
18    (410 ILCS 130/10)
19    (Section scheduled to be repealed on July 1, 2020)
20    Sec. 10. Definitions. The following terms, as used in this
21Act, shall have the meanings set forth in this Section:
22    (a) "Adequate supply" means:
23        (1) 2.5 ounces of usable cannabis during a period of 14
24    days and that is derived solely from an intrastate source.
25        (2) Subject to the rules of the Department of Public

 

 

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1    Health, a patient may apply for a waiver where a physician
2    provides a substantial medical basis in a signed, written
3    statement asserting that, based on the patient's medical
4    history, in the physician's professional judgment, 2.5
5    ounces is an insufficient adequate supply for a 14-day
6    period to properly alleviate the patient's debilitating
7    medical condition or symptoms associated with the
8    debilitating medical condition.
9        (3) This subsection may not be construed to authorize
10    the possession of more than 2.5 ounces at any time without
11    authority from the Department of Public Health.
12        (4) The pre-mixed weight of medical cannabis used in
13    making a cannabis infused product shall apply toward the
14    limit on the total amount of medical cannabis a registered
15    qualifying patient may possess at any one time.
16    (b) "Cannabis" has the meaning given that term in Section 3
17of the Cannabis Control Act.
18    (c) "Cannabis plant monitoring system" means a system that
19includes, but is not limited to, testing and data collection
20established and maintained by the registered cultivation
21center and available to the Department for the purposes of
22documenting each cannabis plant and for monitoring plant
23development throughout the life cycle of a cannabis plant
24cultivated for the intended use by a qualifying patient from
25seed planting to final packaging.
26    (d) "Cardholder" means a qualifying patient or a designated

 

 

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1caregiver who has been issued and possesses a valid registry
2identification card by the Department of Public Health.
3    (e) "Cultivation center" means a facility operated by an
4organization or business that is registered by the Department
5of Agriculture to perform necessary activities to provide only
6registered medical cannabis dispensing organizations with
7usable medical cannabis.
8    (f) "Cultivation center agent" means a principal officer,
9board member, employee, or agent of a registered cultivation
10center who is 21 years of age or older and has not been
11convicted of an excluded offense.
12    (g) "Cultivation center agent identification card" means a
13document issued by the Department of Agriculture that
14identifies a person as a cultivation center agent.
15    (h) "Debilitating medical condition" means one or more of
16the following:
17        (1) cancer, glaucoma, positive status for human
18    immunodeficiency virus, acquired immune deficiency
19    syndrome, hepatitis C, amyotrophic lateral sclerosis,
20    Crohn's disease, agitation of Alzheimer's disease,
21    cachexia/wasting syndrome, muscular dystrophy, severe
22    fibromyalgia, spinal cord disease, including but not
23    limited to arachnoiditis, Tarlov cysts, hydromyelia,
24    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
25    spinal cord injury, traumatic brain injury and
26    post-concussion syndrome, Multiple Sclerosis,

 

 

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1    Arnold-Chiari malformation and Syringomyelia,
2    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
3    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
4    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
5    (Complex Regional Pain Syndromes Type II),
6    Neurofibromatosis, Chronic Inflammatory Demyelinating
7    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
8    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
9    syndrome, residual limb pain, seizures (including those
10    characteristic of epilepsy), post-traumatic stress
11    disorder (PTSD), or the treatment of these conditions;
12        (1.5) terminal illness with a diagnosis of 6 months or
13    less; if the terminal illness is not one of the qualifying
14    debilitating medical conditions, then the physician shall
15    on the certification form identify the cause of the
16    terminal illness; or
17        (2) any other debilitating medical condition or its
18    treatment that is added by the Department of Public Health
19    by rule as provided in Section 45.
20    Through June 30, 2020, "debilitating medical condition"
21includes any other medical condition for which an opioid has
22been or could be prescribed by a physician based on generally
23accepted standards of care.
24    (i) "Designated caregiver" means a person who: (1) is at
25least 21 years of age; (2) has agreed to assist with a
26patient's medical use of cannabis; (3) has not been convicted

 

 

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1of an excluded offense; and (4) assists no more than one
2registered qualifying patient with his or her medical use of
3cannabis.
4    (j) "Dispensing organization agent identification card"
5means a document issued by the Department of Financial and
6Professional Regulation that identifies a person as a medical
7cannabis dispensing organization agent.
8    (k) "Enclosed, locked facility" means a room, greenhouse,
9building, or other enclosed area equipped with locks or other
10security devices that permit access only by a cultivation
11center's agents or a dispensing organization's agent working
12for the registered cultivation center or the registered
13dispensing organization to cultivate, store, and distribute
14cannabis for registered qualifying patients.
15    (k-5) "Endorsement card" means documentation provided by a
16medical cannabis dispensing organization to an individual who
17receives medical cannabis under Section 62.
18    (l) "Excluded offense" for cultivation center agents and
19dispensing organizations means:
20        (1) a violent crime defined in Section 3 of the Rights
21    of Crime Victims and Witnesses Act or a substantially
22    similar offense that was classified as a felony in the
23    jurisdiction where the person was convicted; or
24        (2) a violation of a state or federal controlled
25    substance law, the Cannabis Control Act, or the
26    Methamphetamine Control and Community Protection Act that

 

 

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1    was classified as a felony in the jurisdiction where the
2    person was convicted, except that the registering
3    Department may waive this restriction if the person
4    demonstrates to the registering Department's satisfaction
5    that his or her conviction was for the possession,
6    cultivation, transfer, or delivery of a reasonable amount
7    of cannabis intended for medical use. This exception does
8    not apply if the conviction was under state law and
9    involved a violation of an existing medical cannabis law.
10    For purposes of this subsection, the Department of Public
11Health shall determine by emergency rule within 30 days after
12the effective date of this amendatory Act of the 99th General
13Assembly what constitutes a "reasonable amount".
14    (l-5) (Blank). "Excluded offense" for a qualifying patient
15or designated caregiver means a violation of state or federal
16controlled substance law, the Cannabis Control Act, or the
17Methamphetamine and Community Protection Act that was
18classified as a felony in the jurisdiction where the person was
19convicted, except that the registering Department may waive
20this restriction if the person demonstrates to the registering
21Department's satisfaction that his or her conviction was for
22the possession, cultivation, transfer, or delivery of a
23reasonable amount of cannabis intended for medical use. This
24exception does not apply if the conviction was under state law
25and involved a violation of an existing medical cannabis law.
26For purposes of this subsection, the Department of Public

 

 

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1Health shall determine by emergency rule within 30 days after
2the effective date of this amendatory Act of the 99th General
3Assembly what constitutes a "reasonable amount".
4    (m) "Medical cannabis cultivation center registration"
5means a registration issued by the Department of Agriculture.
6    (n) "Medical cannabis container" means a sealed,
7traceable, food compliant, tamper resistant, tamper evident
8container, or package used for the purpose of containment of
9medical cannabis from a cultivation center to a dispensing
10organization.
11    (o) "Medical cannabis dispensing organization", or
12"dispensing organization", or "dispensary organization" means
13a facility operated by an organization or business that is
14registered by the Department of Financial and Professional
15Regulation to acquire medical cannabis from a registered
16cultivation center for the purpose of dispensing cannabis,
17paraphernalia, or related supplies and educational materials
18to registered qualifying patients.
19    (p) "Medical cannabis dispensing organization agent" or
20"dispensing organization agent" means a principal officer,
21board member, employee, or agent of a registered medical
22cannabis dispensing organization who is 21 years of age or
23older and has not been convicted of an excluded offense.
24    (q) "Medical cannabis infused product" means food, oils,
25ointments, or other products containing usable cannabis that
26are not smoked.

 

 

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1    (r) "Medical use" means the acquisition; administration;
2delivery; possession; transfer; transportation; or use of
3cannabis to treat or alleviate a registered qualifying
4patient's debilitating medical condition or symptoms
5associated with the patient's debilitating medical condition.
6    (r-5) "Opioid" means a narcotic drug or substance that is a
7Schedule II controlled substance under paragraph (1), (2), (3),
8or (5) of subsection (b) or under subsection (c) of Section 206
9of the Illinois Controlled Substances Act.
10    (s) "Physician" means a doctor of medicine or doctor of
11osteopathy licensed under the Medical Practice Act of 1987 to
12practice medicine and who has a controlled substances license
13under Article III of the Illinois Controlled Substances Act. It
14does not include a licensed practitioner under any other Act
15including but not limited to the Illinois Dental Practice Act.
16    (t) "Qualifying patient" means a person who has been
17diagnosed by a physician as having a debilitating medical
18condition.
19    (u) "Registered" means licensed, permitted, or otherwise
20certified by the Department of Agriculture, Department of
21Public Health, or Department of Financial and Professional
22Regulation.
23    (v) "Registry identification card" means a document issued
24by the Department of Public Health that identifies a person as
25a registered qualifying patient or registered designated
26caregiver.

 

 

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1    (w) "Usable cannabis" means the seeds, leaves, buds, and
2flowers of the cannabis plant and any mixture or preparation
3thereof, but does not include the stalks, and roots of the
4plant. It does not include the weight of any non-cannabis
5ingredients combined with cannabis, such as ingredients added
6to prepare a topical administration, food, or drink.
7    (x) "Verification system" means a Web-based system
8established and maintained by the Department of Public Health
9that is available to the Department of Agriculture, the
10Department of Financial and Professional Regulation, law
11enforcement personnel, and registered medical cannabis
12dispensing organization agents on a 24-hour basis for the
13verification of registry identification cards, the tracking of
14delivery of medical cannabis to medical cannabis dispensing
15organizations, and the tracking of the date of sale, amount,
16and price of medical cannabis purchased by a registered
17qualifying patient.
18    (y) "Written certification" means a document dated and
19signed by a physician, stating (1) that the qualifying patient
20has a debilitating medical condition and specifying the
21debilitating medical condition the qualifying patient has; and
22(2) that the physician is treating or managing treatment of the
23patient's debilitating medical condition. A written
24certification shall be made only in the course of a bona fide
25physician-patient relationship, after the physician has
26completed an assessment of the qualifying patient's medical

 

 

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1history, reviewed relevant records related to the patient's
2debilitating condition, and conducted a physical examination.
3    (z) "Bona fide physician-patient relationship" means a
4relationship in which the physician has an ongoing
5responsibility for the assessment, care, and treatment of a
6patient's debilitating medical condition or a symptom of the
7patient's debilitating medical condition.
8    A veteran who has received treatment at a VA hospital shall
9be deemed to have a bona fide physician-patient relationship
10with a VA physician if the patient has been seen for his or her
11debilitating medical condition at the VA Hospital in accordance
12with VA Hospital protocols.
13    A bona fide physician-patient relationship under this
14subsection is a privileged communication within the meaning of
15Section 8-802 of the Code of Civil Procedure.
16(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
17eff. 6-30-16.)
 
18    (410 ILCS 130/35)
19    (Section scheduled to be repealed on July 1, 2020)
20    Sec. 35. Physician requirements.
21    (a) A physician who certifies a debilitating medical
22condition for a qualifying patient shall comply with all of the
23following requirements:
24        (1) The Physician shall be currently licensed under the
25    Medical Practice Act of 1987 to practice medicine in all

 

 

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1    its branches and in good standing, and must hold a
2    controlled substances license under Article III of the
3    Illinois Controlled Substances Act.
4        (2) A physician certifying a patient's condition shall
5    comply with generally accepted standards of medical
6    practice, the provisions of the Medical Practice Act of
7    1987 and all applicable rules.
8        (3) The physical examination required by this Act may
9    not be performed by remote means, including telemedicine.
10        (4) The physician shall maintain a record-keeping
11    system for all patients for whom the physician has
12    certified the patient's medical condition. These records
13    shall be accessible to and subject to review by the
14    Department of Public Health and the Department of Financial
15    and Professional Regulation upon request.
16    (b) A physician may not:
17        (1) accept, solicit, or offer any form of remuneration
18    from or to a qualifying patient, primary caregiver,
19    cultivation center, or dispensing organization, including
20    each principal officer, board member, agent, and employee,
21    to certify a patient, other than accepting payment from a
22    patient for the fee associated with the required
23    examination;
24        (2) offer a discount of any other item of value to a
25    qualifying patient who uses or agrees to use a particular
26    primary caregiver or dispensing organization to obtain

 

 

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1    medical cannabis;
2        (3) conduct a personal physical examination of a
3    patient for purposes of diagnosing a debilitating medical
4    condition at a location where medical cannabis is sold or
5    distributed or at the address of a principal officer,
6    agent, or employee or a medical cannabis organization;
7        (4) hold a direct or indirect economic interest in a
8    cultivation center or dispensing organization if he or she
9    recommends the use of medical cannabis to qualified
10    patients or is in a partnership or other fee or
11    profit-sharing relationship with a physician who
12    recommends medical cannabis, except for the limited
13    purpose of performing a medical cannabis related research
14    study;
15        (5) serve on the board of directors or as an employee
16    of a cultivation center or dispensing organization;
17        (6) refer patients to a cultivation center, a
18    dispensing organization, or a registered designated
19    caregiver; or
20        (7) advertise in a cultivation center or a dispensing
21    organization.
22    (c) The Department of Public Health may with reasonable
23cause refer a physician, who has certified a debilitating
24medical condition of a patient, to the Illinois Department of
25Financial and Professional Regulation for potential violations
26of this Section.

 

 

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1    (d) Any violation of this Section or any other provision of
2this Act or rules adopted under this Act is a violation of the
3Medical Practice Act of 1987.
4    (e) A physician who certifies a debilitating medical
5condition for a qualifying patient may notify the Department in
6writing if the physician has reason to believe either that the
7registered qualifying patient has ceased to suffer from a
8debilitating medical condition or that continued use of medical
9cannabis would result in contraindication with the patient's
10other medication. The registered qualifying patient's registry
11identification card shall be revoked by the Department of
12Public Health after receiving the physician's notification.
13(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
1499-519, eff. 6-30-16.)
 
15    (410 ILCS 130/55)
16    (Section scheduled to be repealed on July 1, 2020)
17    Sec. 55. Registration of qualifying patients and
18designated caregivers.
19    (a) The Department of Public Health shall issue registry
20identification cards to qualifying patients and designated
21caregivers who submit a completed application, and at minimum,
22the following, in accordance with Department of Public Health
23rules:
24        (1) A written certification, on a form developed by the
25    Department of Public Health and issued by a physician,

 

 

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1    within 90 days immediately preceding the date of an
2    application;
3        (2) upon the execution of applicable privacy waivers,
4    the patient's medical documentation related to his or her
5    debilitating condition and any other information that may
6    be reasonably required by the Department of Public Health
7    to confirm that the physician and patient have a bona fide
8    physician-patient relationship, that the qualifying
9    patient is in the physician's care for his or her
10    debilitating medical condition, and to substantiate the
11    patient's diagnosis;
12        (3) the application or renewal fee as set by rule;
13        (4) the name, address, date of birth, and social
14    security number of the qualifying patient, except that if
15    the applicant is homeless no address is required;
16        (5) the name, address, and telephone number of the
17    qualifying patient's physician;
18        (6) the name, address, and date of birth of the
19    designated caregiver, if any, chosen by the qualifying
20    patient;
21        (7) the name of the registered medical cannabis
22    dispensing organization the qualifying patient designates;
23        (8) signed statements from the patient and designated
24    caregiver asserting that they will not divert medical
25    cannabis; and
26        (9) (blank). completed background checks for the

 

 

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1    patient and designated caregiver.
2(Source: P.A. 98-122, eff. 1-1-14.)
 
3    (410 ILCS 130/60)
4    (Section scheduled to be repealed on July 1, 2020)
5    Sec. 60. Issuance of registry identification cards.
6    (a) Except as provided in subsection (b), the Department of
7Public Health shall:
8        (1) verify the information contained in an application
9    or renewal for a registry identification card submitted
10    under this Act, and approve or deny an application or
11    renewal, within 30 days of receiving a completed
12    application or renewal application and all supporting
13    documentation specified in Section 55;
14        (2) issue registry identification cards to a
15    qualifying patient and his or her designated caregiver, if
16    any, within 15 business days of approving the application
17    or renewal;
18        (3) enter the registry identification number of the
19    registered dispensing organization the patient designates
20    into the verification system; and
21        (4) allow for an electronic application process, and
22    provide a confirmation by electronic or other methods that
23    an application has been submitted.
24    (b) The Department of Public Health may not issue a
25registry identification card to a qualifying patient who is

 

 

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1under 18 years of age, unless that patient suffers from
2seizures, including those characteristic of epilepsy, or as
3provided by administrative rule. The Department of Public
4Health shall adopt rules for the issuance of a registry
5identification card for qualifying patients who are under 18
6years of age and suffering from seizures, including those
7characteristic of epilepsy. The Department of Public Health may
8adopt rules to allow other individuals under 18 years of age to
9become registered qualifying patients under this Act with the
10consent of a parent or legal guardian. Registered qualifying
11patients under 18 years of age shall be prohibited from
12consuming forms of cannabis other than medical cannabis infused
13products and purchasing any usable cannabis.
14    (c) A veteran who has received treatment at a VA hospital
15is deemed to have a bona fide physician-patient relationship
16with a VA physician if the patient has been seen for his or her
17debilitating medical condition at the VA hospital in accordance
18with VA hospital protocols. All reasonable inferences
19regarding the existence of a bona fide physician-patient
20relationship shall be drawn in favor of an applicant who is a
21veteran and has undergone treatment at a VA hospital.
22    (c-10) An individual who submits an application as someone
23who is terminally ill shall have all fees and fingerprinting
24requirements waived. The Department of Public Health shall
25within 30 days after this amendatory Act of the 99th General
26Assembly adopt emergency rules to expedite approval for

 

 

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1terminally ill individuals. These rules shall include, but not
2be limited to, rules that provide that applications by
3individuals with terminal illnesses shall be approved or denied
4within 14 days of their submission.
5    (d) Upon the approval of the registration and issuance of a
6registry card under this Section, the Department of Public
7Health shall forward the designated caregiver or registered
8qualified patient's driver's registration number to the
9Secretary of State and certify that the individual is permitted
10to engage in the medical use of cannabis. For the purposes of
11law enforcement, the Secretary of State shall make a notation
12on the person's driving record stating the person is a
13registered qualifying patient who is entitled to the lawful
14medical use of cannabis. If the person no longer holds a valid
15registry card, the Department shall notify the Secretary of
16State and the Secretary of State shall remove the notation from
17the person's driving record. The Department and the Secretary
18of State may establish a system by which the information may be
19shared electronically.
20    (e) Upon the approval of the registration and issuance of a
21registry card under this Section, the Department of Public
22Health shall electronically forward the registered qualifying
23patient's identification card information to the Prescription
24Monitoring Program established under the Illinois Controlled
25Substances Act and certify that the individual is permitted to
26engage in the medical use of cannabis. For the purposes of

 

 

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1patient care, the Prescription Monitoring Program shall make a
2notation on the person's prescription record stating that the
3person is a registered qualifying patient who is entitled to
4the lawful medical use of cannabis. If the person no longer
5holds a valid registry card, the Department of Public Health
6shall notify the Prescription Monitoring Program and
7Department of Human Services to remove the notation from the
8person's record. The Department of Human Services and the
9Prescription Monitoring Program shall establish a system by
10which the information may be shared electronically. This
11confidential list may not be combined or linked in any manner
12with any other list or database except as provided in this
13Section.
14    (f) (Blank). All applicants for a registry card shall be
15fingerprinted as part of the application process if they are a
16first-time applicant, if their registry card has already
17expired, or if they previously have had their registry card
18revoked or otherwise denied. At renewal, cardholders whose
19registry cards have not yet expired, been revoked, or otherwise
20denied shall not be subject to fingerprinting. Registry cards
21shall be revoked by the Department of Public Health if the
22Department of Public Health is notified by the Secretary of
23State that a cardholder has been convicted of an excluded
24offense. For purposes of enforcing this subsection, the
25Department of Public Health and Secretary of State shall
26establish a system by which violations reported to the

 

 

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1Secretary of State under paragraph 18 of subsection (a) of
2Section 6-205 of the Illinois Vehicle Code shall be shared with
3the Department of Public Health.
4(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
5eff. 6-30-16.)
 
6    (410 ILCS 130/62 new)
7    Sec. 62. Opioid Prescription Pilot Program.
8    (a) Notwithstanding Sections 55 and 60, a person who has
9received a physician certification for a medical condition for
10which an opioid has been or could be prescribed by a physician
11based on generally accepted standards of care is entitled to
12purchase medical cannabis from a dispensing organization.
13    In order to purchase medical cannabis from a dispensing
14organization, the person must take the physician certification
15and prescription, if provided, to the dispensing organization
16of his or her choice.
17    A physician issuing a certification under this Section
18shall indicate, on the certification form, the length of time
19of the opioid prescription, including any refills or renewals,
20that the physician did or could have prescribed to the patient.
21    Before dispensing medical cannabis to a person under this
22Section, the dispensing organization must verify that the
23person is not an active registered qualifying patient with a
24valid medical cannabis registry identification card.
25    Upon verification of the physician certification, the

 

 

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1dispensing organization shall, subject to the limitations in
2subsection (h) of Section 130, dispense medical cannabis to the
3person according to the following schedule:
4        (1) If the certification indicates a prescription,
5    including any refills or renewals, for 7 days or less, then
6    the dispensing organization shall dispense medical
7    cannabis to the person for a length of time equivalent to 4
8    times the length of the prescription.
9        (2) If the certification indicates a prescription,
10    including any refills or renewals, for more than 7 days but
11    less than 30 days, then the dispensing organization shall
12    dispense medical cannabis to the person for a length of
13    time equivalent to 3 times the length of the prescription.
14        (3) If the certification indicates a prescription,
15    including any refills or renewals, for 30 days or more,
16    then the dispensing organization shall dispense medical
17    cannabis to the person for a length of time equivalent to
18    twice the length of the prescription.
19    Upon dispensing medical cannabis to a person, the
20dispensing organization must enter information about the
21person in the verification system and provide the person with
22an endorsement card to certify that the person is in lawful
23possession of medical cannabis.
24    The Department of Public Health shall review the
25information entered into the verification system by the
26dispensing organizations under this Section and electronically

 

 

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1forward the information to the Prescription Monitoring Program
2under the Illinois Controlled Substances Act and certify that
3the individual is permitted to engage in the medical use of
4cannabis. For the purposes of patient care, the Prescription
5Monitoring Program shall make a notation on the person's
6prescription record stating that the person is entitled to the
7lawful medical use of cannabis. If the person no longer holds a
8valid endorsement card and does not have a valid registry
9identification card, the Department of Public Health shall
10notify the Prescription Monitoring Program and Department of
11Human Services to remove the notation from the person's record.
12This confidential notation may not be combined or linked in any
13manner with any other list or database except those authorized
14by this Act.
15    A person who wishes to continue use of medical cannabis
16shall apply for a registration card with the Department of
17Public Health.
18    (b) The provisions of this Section are inoperative on and
19after July 1, 2020.
 
20    (410 ILCS 130/65)
21    (Section scheduled to be repealed on July 1, 2020)
22    Sec. 65. Denial of registry identification cards.
23    (a) The Department of Public Health may deny an application
24or renewal of a qualifying patient's registry identification
25card only if the applicant:

 

 

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1        (1) did not provide the required information and
2    materials;
3        (2) previously had a registry identification card
4    revoked;
5        (3) did not meet the requirements of this Act; or
6        (4) provided false or falsified information; or .
7        (5) violated any requirement of this Act.
8    (b) (Blank). Except as provided in subsection (b-5) of this
9Section, no person who has been convicted of a felony under the
10Illinois Controlled Substances Act, Cannabis Control Act, or
11Methamphetamine Control and Community Protection Act, or
12similar provision in a local ordinance or other jurisdiction is
13eligible to receive a registry identification card.
14    (b-5) (Blank). If a person was convicted of a felony under
15the Cannabis Control Act or a similar provision of a local
16ordinance or of a law of another jurisdiction, and the action
17warranting that felony is no longer considered a felony after
18the effective date of this amendatory Act of the 99th General
19Assembly, that person shall be eligible to receive a registry
20identification card.
21    (c) The Department of Public Health may deny an application
22or renewal for a designated caregiver chosen by a qualifying
23patient whose registry identification card was granted only if:
24        (1) the designated caregiver does not meet the
25    requirements of subsection (i) of Section 10;
26        (2) the applicant did not provide the information

 

 

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1    required;
2        (3) the prospective patient's application was denied;
3        (4) the designated caregiver previously had a registry
4    identification card revoked; or
5        (5) the applicant or the designated caregiver provided
6    false or falsified information; or .
7        (6) violated any requirement of this Act.
8    (d) (Blank). The Department of Public Health through the
9Department of State Police shall conduct a background check of
10the prospective qualifying patient and designated caregiver in
11order to carry out this Section. The Department of State Police
12shall charge a fee for conducting the criminal history record
13check, which shall be deposited in the State Police Services
14Fund and shall not exceed the actual cost of the record check.
15Each person applying as a qualifying patient or a designated
16caregiver shall submit a full set of fingerprints to the
17Department of State Police for the purpose of obtaining a State
18and federal criminal records check. These fingerprints shall be
19checked against the fingerprint records now and hereafter, to
20the extent allowed by law, filed in the Department of State
21Police and Federal Bureau of Investigation criminal history
22records databases. The Department of State Police shall
23furnish, following positive identification, all Illinois
24conviction information to the Department of Public Health. The
25Department of Public Health may waive the submission of a
26qualifying patient's complete fingerprints based on (1) the

 

 

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1severity of the patient's illness and (2) the inability of the
2qualifying patient to supply those fingerprints, provided that
3a complete criminal background check is conducted by the
4Department of State Police prior to the issuance of a registry
5identification card.
6    (e) The Department of Public Health shall notify the
7qualifying patient who has designated someone to serve as his
8or her designated caregiver if a registry identification card
9will not be issued to the designated caregiver.
10    (f) Denial of an application or renewal is considered a
11final Department action, subject to judicial review.
12Jurisdiction and venue for judicial review are vested in the
13Circuit Court.
14(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
1599-697, eff. 7-29-16.)
 
16    (410 ILCS 130/75)
17    (Section scheduled to be repealed on July 1, 2020)
18    Sec. 75. Notifications to Department of Public Health and
19responses; civil penalty.
20    (a) The following notifications and Department of Public
21Health responses are required:
22        (1) A registered qualifying patient shall notify the
23    Department of Public Health of any change in his or her
24    name or address, or if the registered qualifying patient
25    ceases to have his or her debilitating medical condition,

 

 

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1    within 10 days of the change.
2        (2) A registered designated caregiver shall notify the
3    Department of Public Health of any change in his or her
4    name or address, or if the designated caregiver becomes
5    aware the registered qualifying patient passed away,
6    within 10 days of the change.
7        (3) Before a registered qualifying patient changes his
8    or her designated caregiver, the qualifying patient must
9    notify the Department of Public Health.
10        (4) If a cardholder loses his or her registry
11    identification card, he or she shall notify the Department
12    within 10 days of becoming aware the card has been lost.
13    (b) When a cardholder notifies the Department of Public
14Health of items listed in subsection (a), but remains eligible
15under this Act, the Department of Public Health shall issue the
16cardholder a new registry identification card with a new random
17alphanumeric identification number within 15 business days of
18receiving the updated information and a fee as specified in
19Department of Public Health rules. If the person notifying the
20Department of Public Health is a registered qualifying patient,
21the Department shall also issue his or her registered
22designated caregiver, if any, a new registry identification
23card within 15 business days of receiving the updated
24information.
25    (c) If a registered qualifying patient ceases to be a
26registered qualifying patient or changes his or her registered

 

 

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1designated caregiver, the Department of Public Health shall
2promptly notify the designated caregiver. The registered
3designated caregiver's protections under this Act as to that
4qualifying patient shall expire 15 days after notification by
5the Department.
6    (d) A cardholder who fails to make a notification to the
7Department of Public Health that is required by this Section is
8subject to a civil infraction, punishable by a penalty of no
9more than $150.
10    (e) A registered qualifying patient shall notify the
11Department of Public Health of any change to his or her
12designated registered dispensing organization. Registered
13dispensing organizations must comply with all requirements of
14this Act.
15    (f) If the registered qualifying patient's certifying
16physician notifies the Department in writing that either the
17registered qualifying patient has ceased to suffer from a
18debilitating medical condition or that continued use of medical
19cannabis would result in contraindication with the patient's
20other medication, the card shall become null and void. However,
21the registered qualifying patient shall have 15 days to destroy
22his or her remaining medical cannabis and related
23paraphernalia.
24(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
25    (410 ILCS 130/130)

 

 

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1    (Section scheduled to be repealed on July 1, 2020)
2    Sec. 130. Requirements; prohibitions; penalties;
3dispensing organizations.
4    (a) The Department of Financial and Professional
5Regulation shall implement the provisions of this Section by
6rule.
7    (b) A dispensing organization shall maintain operating
8documents which shall include procedures for the oversight of
9the registered dispensing organization and procedures to
10ensure accurate recordkeeping.
11    (c) A dispensing organization shall implement appropriate
12security measures, as provided by rule, to deter and prevent
13the theft of cannabis and unauthorized entrance into areas
14containing cannabis.
15    (d) A dispensing organization may not be located within
161,000 feet of the property line of a pre-existing public or
17private preschool or elementary or secondary school or day care
18center, day care home, group day care home, or part day child
19care facility. A registered dispensing organization may not be
20located in a house, apartment, condominium, or an area zoned
21for residential use.
22    (e) A dispensing organization is prohibited from acquiring
23cannabis from anyone other than a registered cultivation
24center. A dispensing organization is prohibited from obtaining
25cannabis from outside the State of Illinois.
26    (f) A registered dispensing organization is prohibited

 

 

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1from dispensing cannabis for any purpose except to assist
2registered qualifying patients with the medical use of cannabis
3directly or through the qualifying patients' designated
4caregivers.
5    (g) The area in a dispensing organization where medical
6cannabis is stored can only be accessed by dispensing
7organization agents working for the dispensing organization,
8Department of Financial and Professional Regulation staff
9performing inspections, law enforcement or other emergency
10personnel, and contractors working on jobs unrelated to medical
11cannabis, such as installing or maintaining security devices or
12performing electrical wiring.
13    (h) A dispensing organization may not dispense more than
142.5 ounces of cannabis to a registered qualifying patient,
15directly or via a designated caregiver, in any 14-day period
16unless the qualifying patient has a Department of Public
17Health-approved quantity waiver.
18    (i) Except as provided in subsection (i-5), before Before
19medical cannabis may be dispensed to a designated caregiver or
20a registered qualifying patient, a dispensing organization
21agent must determine that the individual is a current
22cardholder in the verification system and must verify each of
23the following:
24        (1) that the registry identification card presented to
25    the registered dispensing organization is valid;
26        (2) that the person presenting the card is the person

 

 

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1    identified on the registry identification card presented
2    to the dispensing organization agent;
3        (3) that the dispensing organization is the designated
4    dispensing organization for the registered qualifying
5    patient who is obtaining the cannabis directly or via his
6    or her designated caregiver; and
7        (4) that the registered qualifying patient has not
8    exceeded his or her adequate supply.
9    (i-5) A dispensing organization may dispense medical
10cannabis to a qualifying patient under Section 62.
11    (j) Dispensing organizations shall ensure compliance with
12this limitation by maintaining internal, confidential records
13that include records specifying how much medical cannabis is
14dispensed to the registered qualifying patient and whether it
15was dispensed directly to the registered qualifying patient or
16to the designated caregiver. Each entry must include the date
17and time the cannabis was dispensed. Additional recordkeeping
18requirements may be set by rule.
19    (k) The physician-patient privilege as set forth by Section
208-802 of the Code of Civil Procedure shall apply between a
21qualifying patient and a registered dispensing organization
22and its agents with respect to communications and records
23concerning qualifying patients' debilitating conditions.
24    (l) A dispensing organization may not permit any person to
25consume cannabis on the property of a medical cannabis
26organization.

 

 

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1    (m) A dispensing organization may not share office space
2with or refer patients to a physician.
3    (n) Notwithstanding any other criminal penalties related
4to the unlawful possession of cannabis, the Department of
5Financial and Professional Regulation may revoke, suspend,
6place on probation, reprimand, refuse to issue or renew, or
7take any other disciplinary or non-disciplinary action as the
8Department of Financial and Professional Regulation may deem
9proper with regard to the registration of any person issued
10under this Act to operate a dispensing organization or act as a
11dispensing organization agent, including imposing fines not to
12exceed $10,000 for each violation, for any violations of this
13Act and rules adopted in accordance with this Act. The
14procedures for disciplining a registered dispensing
15organization shall be determined by rule. All final
16administrative decisions of the Department of Financial and
17Professional Regulation are subject to judicial review under
18the Administrative Review Law and its rules. The term
19"administrative decision" is defined as in Section 3-101 of the
20Code of Civil Procedure.
21    (o) Dispensing organizations are subject to random
22inspection and cannabis testing by the Department of Financial
23and Professional Regulation and State Police as provided by
24rule.
25(Source: P.A. 98-122, eff. 1-1-14.)
 

 

 

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1    (410 ILCS 130/160)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 160. Annual reports. (a) The Department of Public
4Health shall submit to the General Assembly a report, by
5September 30 of each year, that does not disclose any
6identifying information about registered qualifying patients,
7registered caregivers, or physicians, but does contain, at a
8minimum, all of the following information based on the fiscal
9year for reporting purposes:
10        (1) the number of applications and renewals filed for
11    registry identification cards or registrations;
12        (2) the number of qualifying patients and designated
13    caregivers served by each dispensary during the report
14    year;
15        (3) the nature of the debilitating medical conditions
16    of the qualifying patients;
17        (4) the number of registry identification cards or
18    registrations revoked for misconduct;
19        (5) the number of physicians providing written
20    certifications for qualifying patients; and
21        (6) the number of registered medical cannabis
22    cultivation centers or registered dispensing
23    organizations; .
24        (7) the number of applications received from
25    applicants seeking an alternative to opioid treatment;
26        (8) the nature of the conditions of the applicants

 

 

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1    seeking an alternative to opioid treatment; and
2        (9) the number of applications approved and denied from
3    applicants seeking an alternative to opioid treatment.
4(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)