| ||||
| Public Act 098-0775 | ||||
| ||||
| ||||
AN ACT concerning public health.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Compassionate Use of Medical Cannabis Pilot | ||||
Program Act is amended by changing Sections 10 and 60 as | ||||
follows: | ||||
(410 ILCS 130/10) | ||||
(Section scheduled to be repealed on January 1, 2018)
| ||||
Sec. 10. Definitions. The following terms, as used in this | ||||
Act, shall have the meanings set forth in this Section:
| ||||
(a) "Adequate supply" means:
| ||||
(1) 2.5 ounces of usable cannabis during a period of 14 | ||||
days and that is derived solely from an intrastate source.
| ||||
(2) Subject to the rules of the Department of Public | ||||
Health, a patient may apply for a waiver where a physician | ||||
provides a substantial medical basis in a signed, written | ||||
statement asserting that, based on the patient's medical | ||||
history, in the physician's professional judgment, 2.5 | ||||
ounces is an insufficient adequate supply for a 14-day | ||||
period to properly alleviate the patient's debilitating | ||||
medical condition or symptoms associated with the | ||||
debilitating medical condition.
| ||||
(3) This subsection may not be construed to authorize | ||||
the possession of more than 2.5 ounces at any time without | ||
authority from the Department of Public Health.
| ||
(4) The pre-mixed weight of medical cannabis used in | ||
making a cannabis infused product shall apply toward the | ||
limit on the total amount of medical cannabis a registered | ||
qualifying patient may possess at any one time. | ||
(b) "Cannabis" has the meaning given that term in Section 3 | ||
of the Cannabis Control Act.
| ||
(c) "Cannabis plant monitoring system" means a system that | ||
includes, but is not limited to, testing and data collection | ||
established and maintained by the registered cultivation | ||
center and available to the Department for the purposes of | ||
documenting each cannabis plant and for monitoring plant | ||
development throughout the life cycle of a cannabis plant | ||
cultivated for the intended use by a qualifying patient from | ||
seed planting to final packaging.
| ||
(d) "Cardholder" means a qualifying patient or a designated | ||
caregiver who has been issued and possesses a valid registry | ||
identification card by the Department of Public Health.
| ||
(e) "Cultivation center" means a facility operated by an | ||
organization or business that is registered by the Department | ||
of Agriculture to perform necessary activities to provide only | ||
registered medical cannabis dispensing organizations with | ||
usable medical cannabis.
| ||
(f) "Cultivation center agent" means a principal officer, | ||
board member, employee, or agent of a registered cultivation | ||
center who is 21 years of age or older and has not been | ||
convicted of an excluded offense.
| ||
(g) "Cultivation center agent identification card" means a | ||
document issued by the Department of Agriculture that | ||
identifies a person as a cultivation center agent.
| ||
(h) "Debilitating medical condition" means one or more of | ||
the following: | ||
(1) cancer, glaucoma, positive status for human | ||
immunodeficiency virus, acquired immune deficiency | ||
syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||
Crohn's disease, agitation of Alzheimer's disease, | ||
cachexia/wasting syndrome, muscular dystrophy, severe | ||
fibromyalgia, spinal cord disease, including but not | ||
limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||
syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||
spinal cord injury, traumatic brain injury and | ||
post-concussion syndrome, Multiple Sclerosis, | ||
Arnold-Chiari malformation and Syringomyelia, | ||
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||
(Complex Regional Pain Syndromes Type II), | ||
Neurofibromatosis, Chronic Inflammatory Demyelinating | ||
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||
syndrome, residual limb pain, seizures (including those | ||
characteristic of epilepsy), or the treatment of these | ||
conditions; or
| ||
(2) any other debilitating medical condition or its | ||
treatment that is added by the Department of Public Health | ||
by rule as provided in Section 45. | ||
(i) "Designated caregiver" means a person who: (1) is at | ||
least 21 years of age; (2) has agreed to assist with a | ||
patient's medical use of cannabis; (3) has not been convicted | ||
of an excluded offense; and (4) assists no more than one | ||
registered qualifying patient with his or her medical use of | ||
cannabis.
| ||
(j) "Dispensing organization agent identification card" | ||
means a document issued by the Department of Financial and | ||
Professional Regulation that identifies a person as a medical | ||
cannabis dispensing organization agent.
| ||
(k) "Enclosed, locked facility" means a room, greenhouse, | ||
building, or other enclosed area equipped with locks or other | ||
security devices that permit access only by a cultivation | ||
center's agents or a dispensing organization's agent working | ||
for the registered cultivation center or the registered | ||
dispensing organization to cultivate, store, and distribute | ||
cannabis for registered qualifying patients.
| ||
(l) "Excluded offense" means:
| ||
(1) a violent crime defined in Section 3 of the Rights | ||
of Crime Victims and Witnesses Act or a substantially | ||
similar offense that was classified as a felony in the | ||
jurisdiction where the person was convicted; or
| ||
(2) a violation of a state or federal controlled | ||
substance law that was classified as a felony in the | ||
jurisdiction where the person was convicted, except that | ||
the registering Department may waive this restriction if | ||
the person demonstrates to the registering Department's | ||
satisfaction that his or her conviction was for the | ||
possession, cultivation, transfer, or delivery of a | ||
reasonable amount of cannabis intended for medical use. | ||
This exception does not apply if the conviction was under | ||
state law and involved a violation of an existing medical | ||
cannabis law.
| ||
(m) "Medical cannabis cultivation center registration" | ||
means a registration issued by the Department of Agriculture. | ||
(n) "Medical cannabis container" means a sealed, | ||
traceable, food compliant, tamper resistant, tamper evident | ||
container, or package used for the purpose of containment of | ||
medical cannabis from a cultivation center to a dispensing | ||
organization.
| ||
(o) "Medical cannabis dispensing organization", or | ||
"dispensing organization", or "dispensary organization" means | ||
a facility operated by an organization or business that is | ||
registered by the Department of Financial and Professional | ||
Regulation to acquire medical cannabis from a registered | ||
cultivation center for the purpose of dispensing cannabis, | ||
paraphernalia, or related supplies and educational materials | ||
to registered qualifying patients.
| ||
(p) "Medical cannabis dispensing organization agent" or | ||
"dispensing organization agent" means a principal officer, | ||
board member, employee, or agent of a registered medical | ||
cannabis dispensing organization who is 21 years of age or | ||
older and has not been convicted of an excluded offense.
| ||
(q) "Medical cannabis infused product" means food, oils, | ||
ointments, or other products containing usable cannabis that | ||
are not smoked.
| ||
(r) "Medical use" means the acquisition; administration; | ||
delivery; possession; transfer; transportation; or use of | ||
cannabis to treat or alleviate a registered qualifying | ||
patient's debilitating medical condition or symptoms | ||
associated with the patient's debilitating medical condition.
| ||
(s) "Physician" means a doctor of medicine or doctor of | ||
osteopathy licensed under the Medical Practice Act of 1987 to | ||
practice medicine and who has a controlled substances license | ||
under Article III of the Illinois Controlled Substances Act. It | ||
does not include a licensed practitioner under any other Act | ||
including but not limited to the Illinois Dental Practice Act.
| ||
(t) "Qualifying patient" means a person who has been | ||
diagnosed by a physician as having a debilitating medical | ||
condition.
| ||
(u) "Registered" means licensed, permitted, or otherwise | ||
certified by the Department of Agriculture, Department of | ||
Public Health, or Department of Financial and Professional | ||
Regulation.
| ||
(v) "Registry identification card" means a document issued | ||
by the Department of Public Health that identifies a person as | ||
a registered qualifying patient or registered designated | ||
caregiver.
| ||
(w) "Usable cannabis" means the seeds, leaves, buds, and | ||
flowers of the cannabis plant and any mixture or preparation | ||
thereof, but does not include the stalks, and roots of the | ||
plant. It does not include the weight of any non-cannabis | ||
ingredients combined with cannabis, such as ingredients added | ||
to prepare a topical administration, food, or drink.
| ||
(x) "Verification system" means a Web-based system | ||
established and maintained by the Department of Public Health | ||
that is available to the Department of Agriculture, the | ||
Department of Financial and Professional Regulation, law | ||
enforcement personnel, and registered medical cannabis | ||
dispensing organization agents on a 24-hour basis for the | ||
verification of registry
identification cards, the tracking of | ||
delivery of medical cannabis to medical cannabis dispensing | ||
organizations, and the tracking of the date of sale, amount, | ||
and price of medical cannabis purchased by a registered | ||
qualifying patient.
| ||
(y) "Written certification" means a document dated and | ||
signed by a physician, stating (1) that in the physician's | ||
professional opinion the patient is likely to receive | ||
therapeutic or palliative benefit from the medical use of | ||
cannabis to treat or alleviate the patient's debilitating | ||
medical condition or symptoms associated with the debilitating | ||
medical condition; (2) that the qualifying patient has a | ||
debilitating medical condition and specifying the debilitating | ||
medical condition the qualifying patient has; and (3) that the | ||
patient is under the physician's care for the debilitating | ||
medical condition. A written certification shall be made only | ||
in the course of a bona fide physician-patient relationship, | ||
after the physician has completed an assessment of the | ||
qualifying patient's medical history, reviewed relevant | ||
records related to the patient's debilitating condition, and | ||
conducted a physical examination. | ||
A veteran who has received treatment at a VA hospital shall | ||
be deemed to have a bona fide physician-patient relationship | ||
with a VA physician if the patient has been seen for his or her | ||
debilitating medical condition at the VA Hospital in accordance | ||
with VA Hospital protocols. | ||
A bona fide physician-patient relationship under this | ||
subsection is a privileged communication within the meaning of | ||
Section 8-802 of the Code of Civil Procedure.
| ||
(Source: P.A. 98-122, eff. 1-1-14.) | ||
(410 ILCS 130/60) | ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 60. Issuance of registry identification cards.
| ||
(a) Except as provided in subsection (b), the Department of | ||
Public Health shall:
| ||
(1) verify the information contained in an application | ||
or renewal for a registry identification card submitted | ||
under this Act, and approve or deny an application or | ||
renewal, within 30 days of receiving a completed | ||
application or renewal application and all supporting | ||
documentation specified in Section 55;
| ||
(2) issue registry identification cards to a | ||
qualifying patient and his or her designated caregiver, if | ||
any, within 15 business days of approving the application | ||
or renewal;
| ||
(3) enter the registry identification number of the | ||
registered dispensing organization the patient designates | ||
into the verification system; and
| ||
(4) allow for an electronic application process, and | ||
provide a confirmation by electronic or other methods that | ||
an application has been submitted.
| ||
(b) The Department of Public Health may not issue a | ||
registry identification card to a qualifying patient who is | ||
under 18 years of age, unless that patient suffers from | ||
seizures, including those characteristic of epilepsy, or as | ||
provided by administrative rule. The Department of Public | ||
Health shall adopt rules for the issuance of a registry | ||
identification card for qualifying patients who are under 18 | ||
years of age and suffering from seizures, including those | ||
characteristic of epilepsy.
The Department of Public Health may | ||
adopt rules to allow other individuals under 18 years of age to | ||
become registered qualifying patients under this Act with the | ||
consent of a parent or legal guardian. Registered qualifying | ||
patients under 18 years of age shall be prohibited from | ||
consuming forms of cannabis other than medical cannabis infused | ||
products and purchasing any usable cannabis. | ||
(c) A veteran who has received treatment at a VA hospital | ||
is deemed to have a bona fide physician-patient relationship | ||
with a VA physician if the patient has been seen for his or her | ||
debilitating medical condition at the VA hospital in accordance | ||
with VA hospital protocols.
All reasonable inferences | ||
regarding the existence of a bona fide physician-patient | ||
relationship shall be drawn in favor of an applicant who is a | ||
veteran and has undergone treatment at a VA hospital.
| ||
(d) Upon the approval of the registration and issuance of a | ||
registry card under this Section, the Department of Public | ||
Health shall forward the designated caregiver or registered | ||
qualified patient's driver's registration number to the | ||
Secretary of State and certify that the individual is permitted | ||
to engage in the medical use of cannabis. For the purposes of | ||
law enforcement, the Secretary of State shall make a notation | ||
on the person's driving record stating the person is a | ||
registered qualifying patient who is entitled to the lawful | ||
medical use of cannabis. If the person no longer holds a valid | ||
registry card, the Department shall notify the Secretary of | ||
State and the Secretary of State shall remove the notation from | ||
the person's driving record. The Department and the Secretary | ||
of State may establish a system by which the information may be | ||
shared electronically.
| ||
(Source: P.A. 98-122, eff. 1-1-14.)
| ||