Public Act 102-0067
 
HB3139 EnrolledLRB102 16537 SPS 21932 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Compassionate Use of Medical Cannabis 
Program Act is amended  by changing Section 30 and by adding 
Section 31 as follows:
 
    (410 ILCS 130/30)

    Sec. 30. Limitations and penalties.
 
    (a) This Act does not permit any person to engage in, and 
does not prevent the imposition of any civil, criminal, or 
other penalties for engaging in, the following conduct:


        (1) Undertaking any task under the influence of 
    cannabis, when doing so would constitute negligence, 
    professional malpractice, or professional misconduct;


        (2) Possessing cannabis:


            (A) except as provided under Section 22-33 of the 
        School Code, in a school bus;


            (B) except as provided under Section 22-33 of the 
        School Code, on the grounds of any preschool or 
        primary or secondary school;


            (C) in any correctional facility;
            (D) in a vehicle under Section 11-502.1 of the 
        Illinois Vehicle Code;


            (E) in a vehicle not open to the public unless the 
        medical cannabis is in a reasonably secured, sealed 
        container and reasonably inaccessible while the 
        vehicle is moving; or


            (F) in a private residence that is used at any time 
        to provide licensed child care or other similar social 
        service care on the premises;
        (3) Using cannabis:


            (A) except as provided under Section 22-33 of the 
        School Code, in a school bus;


            (B) except as provided under Section 22-33 of the 
        School Code, on the grounds of any preschool or 
        primary or secondary school;


            (C) in any correctional facility;


            (D) in any motor vehicle;


            (E) in a private residence that is used at any time 
        to provide licensed child care or other similar social 
        service care on the premises;
            (F) except as provided under Section 22-33 of the 
        School Code and Section 31 of this Act, in any public 
        place.  "Public place" as used in this subsection means 
        any place where an individual could reasonably be 
        expected to be observed by others.  A "public place" 
        includes all parts of buildings owned in whole or in 
        part, or leased, by the State or a local unit of 
        government.   A "public place" does not include a 
        private residence unless the private residence is used 
        to provide licensed child care, foster care, or other 
        similar social service care on the premises.  For 
        purposes of this subsection, a "public place" does not 
        include a health care facility.  For purposes of this 
        Section, a "health care facility" includes, but is not 
        limited to, hospitals, nursing homes, hospice care 
        centers, and long-term care facilities;


            (G) except as provided under Section 22-33 of the 
        School Code and Section 31 of this Act, knowingly in 
        close physical proximity to anyone under the age of 18 
        years of age;


        (4) Smoking medical cannabis in any public place where 
    an individual could reasonably be expected to be observed 
    by others, in a health care facility, or any other place 
    where smoking is prohibited under the Smoke Free Illinois 
    Act;


        (5) Operating, navigating, or being in actual physical 
    control of any motor vehicle, aircraft, or motorboat while 
    using or under the influence of cannabis in violation of 
    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;


        (6) Using or possessing cannabis if that person does 
    not have a debilitating medical condition and is not a 
    registered qualifying patient or caregiver;


        (7) Allowing any person who is not allowed to use 
    cannabis under this Act to use cannabis that a cardholder 
    is allowed to possess under this Act;


        (8) Transferring cannabis to any person contrary to 
    the provisions of this Act;


        (9) The use of medical cannabis by an active duty law 
    enforcement officer, correctional officer, correctional 
    probation officer, or firefighter; or
        (10) The use of medical cannabis by a person who has a 
    school bus permit or a Commercial Driver's License.


    (b) Nothing in this Act shall be construed to prevent the 
arrest or prosecution of a registered qualifying patient for 
reckless driving or driving under the influence of cannabis 
where probable cause exists.


    (c) Notwithstanding any other criminal penalties related 
to the unlawful possession of cannabis, knowingly making a 
misrepresentation to a law enforcement official of any fact or 
circumstance relating to the medical use of cannabis to avoid 
arrest or prosecution is a petty offense punishable by a fine 
of up to $1,000, which shall be in addition to any other 
penalties that may apply for making a false statement or for 
the use of cannabis other than use undertaken under this Act.


    (d) Notwithstanding any other criminal penalties related 
to the unlawful possession of cannabis, any person who makes a 
misrepresentation of a medical condition to a certifying 
health care professional or fraudulently provides material 
misinformation to a certifying health care professional in 
order to obtain a written certification is guilty of a petty 
offense punishable by a fine of up to $1,000.


    (e) Any cardholder or registered caregiver who sells 
cannabis shall have his or her registry identification card 
revoked and is subject to other penalties for the unauthorized 
sale of cannabis.

    (f) Any registered qualifying patient who commits a 
violation of Section 11-502.1 of the Illinois Vehicle Code or 
refuses a properly requested test related to operating a motor 
vehicle while under the influence of cannabis shall have his 
or her registry identification card revoked.


    (g) No registered qualifying patient or designated 
caregiver shall knowingly obtain, seek to obtain, or possess, 
individually or collectively, an amount of usable cannabis 
from a registered medical cannabis dispensing organization 
that would cause him or her to exceed the authorized adequate 
supply under subsection (a) of Section 10.


    (h) Nothing in this Act shall prevent a private business 
from restricting or prohibiting the medical use of cannabis on 
its property.


    (i) Nothing in this Act shall prevent a university, 
college, or other institution of post-secondary education from 
restricting or prohibiting the use of medical cannabis on its 
property.


(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19.)
 
    (410 ILCS 130/31 new)
    Sec. 31. Administration to persons with disabilities in 
park district programs.
    (a) Definitions. For purposes of this Section:
        (1) "Park district" has the meaning as defined in 
    Section 1-3 of the Park District Code. "Park district" 
    includes the Chicago Park District as defined by the 
    Chicago Park District Act, any special recreational 
    association created by a park district through an 
    intergovernmental agreement, and any nonprofit 
    organization authorized by the park district or special 
    recreational association to administer a program for 
    persons with disabilities on its behalf.
        (2) "Program participant" means a person with 
    disabilities who is a registered qualifying patient and 
    who participates in a summer camp, educational program, or 
    other similar program provided by a park district for 
    persons with disabilities.
    (b) Subject to the restrictions under subsections (c) 
through (f) of this Section, a park district shall authorize a 
program participant's parent, guardian, or other designated 
caregiver to administer a medical cannabis infused product to 
the program participant on the premises of the park district 
if both the program participant and the parent, guardian, or 
other designated caregiver are cardholders. After 
administering the medical cannabis infused product, the 
parent, guardian, or other designated caregiver shall remove 
the medical cannabis infused product from the premises of the 
park district.
    (c) A parent, guardian, or other designated caregiver may 
not administer a medical cannabis infused product under this 
Section in a manner that, in the opinion of the park district, 
would create a disruption to the park district's program or 
activity for persons with disabilities or would cause exposure 
of the medical cannabis infused product to other program 
participants.
    (d) A park district may not discipline a program 
participant who is administered a medical cannabis infused 
product by a parent, guardian, or other designated caregiver 
under this Section and may not deny the program participant's 
eligibility to attend the park district's program or activity 
for persons with disabilities solely because the program 
participant requires the administration of the medical 
cannabis infused product.
    (e) Nothing in this Section requires a member of the park 
district's staff to administer a medical cannabis infused 
product to a program participant.
    (f) A park district may not authorize the use of a medical 
cannabis infused product under this Section if the park 
district would lose federal funding as a result of the 
authorization. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.