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Public Act 098-0775
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| SB2636 Enrolled | LRB098 15170 RPM 50147 b |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Compassionate Use of Medical Cannabis Pilot |
Program Act is amended by changing Sections 10 and 60 as |
follows:
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(410 ILCS 130/10) |
(Section scheduled to be repealed on January 1, 2018)
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Sec. 10. Definitions. The following terms, as used in this |
Act, shall have the meanings set forth in this Section:
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(a) "Adequate supply" means:
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(1) 2.5 ounces of usable cannabis during a period of 14 |
days and that is derived solely from an intrastate source.
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(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.
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(3) This subsection may not be construed to authorize |
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the possession of more than 2.5 ounces at any time without |
authority from the Department of Public Health.
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(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.
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(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.
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(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.
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(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.
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(f) "Cultivation center agent" means a principal officer, |
board member, employee, or agent of a registered cultivation |
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center who is 21 years of age or older and has not been |
convicted of an excluded offense.
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(g) "Cultivation center agent identification card" means a |
document issued by the Department of Agriculture that |
identifies a person as a cultivation center agent.
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(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 |
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characteristic of epilepsy), or the treatment of these |
conditions; or
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(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.
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(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.
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(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.
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(l) "Excluded offense" means:
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(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 |
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jurisdiction where the person was convicted; or
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(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.
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(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.
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(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 |
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to registered qualifying patients.
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(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.
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(q) "Medical cannabis infused product" means food, oils, |
ointments, or other products containing usable cannabis that |
are not smoked.
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(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.
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(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.
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(t) "Qualifying patient" means a person who has been |
diagnosed by a physician as having a debilitating medical |
condition.
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(u) "Registered" means licensed, permitted, or otherwise |
certified by the Department of Agriculture, Department of |
Public Health, or Department of Financial and Professional |
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Regulation.
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(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.
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(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.
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(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.
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(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 |
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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.
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(Source: P.A. 98-122, eff. 1-1-14.)
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(410 ILCS 130/60) |
(Section scheduled to be repealed on January 1, 2018)
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Sec. 60. Issuance of registry identification cards.
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(a) Except as provided in subsection (b), the Department of |
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Public Health shall:
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(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;
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(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;
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(3) enter the registry identification number of the |
registered dispensing organization the patient designates |
into the verification system; and
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(4) allow for an electronic application process, and |
provide a confirmation by electronic or other methods that |
an application has been submitted.
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(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 |
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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.
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(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 |