HB1189 103RD GENERAL ASSEMBLY

LRB103 05715 CPF 50735 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1189

Introduced 1/31/2023, by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

410 ILCS 130/20

Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, if there is an amount in excess of $12,500,000 in the Compassionate Use of Medical Cannabis Fund on the effective date of the amendatory Act, the State Treasurer shall so certify to the Department of Public Health and the State Comptroller, and the Department of Public Health shall certify to the State Comptroller the names and addresses, as well as any other necessary information, of all medical cannabis patients who made any medical cannabis product purchase in the 180-day period preceding the effective date of the amendatory Act. Provides that the State Comptroller shall determine a refund amount by dividing the amount in excess of $12,500,000 by the number of medical cannabis patients certified by the Department of Public Health, and the State Comptroller shall disburse the refund amount to each medical cannabis patient certified by the Department of Public Health. Provides for the issuance of refunds if there is an amount in excess of $12,500,000 in the Fund on June 30, 2024 or June 30 of any subsequent year. Effective immediately.

A BILL FOR

AN ACT concerning 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 Program Act is amended by changing Section 20 as follows:

(410 ILCS 130/20)

Sec. 20. Compassionate Use of Medical Cannabis Fund.

(a) There is created the Compassionate Use of Medical Cannabis Fund in the State treasury to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforcement of this Act and for refunds as set forth in subsection (d). Funds in excess of the direct and indirect costs associated with the implementation, administration, and enforcement of this Act shall be used to fund crime prevention programs.

(b) All monies collected under this Act shall be deposited in the Compassionate Use of Medical Cannabis Fund in the State treasury. All earnings received from investment of monies in the Compassionate Use of Medical Cannabis Fund shall be deposited in the Compassionate Use of Medical Cannabis Fund.

(c) Notwithstanding any other law to the contrary, the Compassionate Use of Medical Cannabis Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Compassionate Use of Medical Cannabis Fund into any other fund of the State.

(d)(1) If there is an amount in excess of $12,500,000 in the Compassionate Use of Medical Cannabis Fund at the close of business on the effective date of this amendatory Act of the 103rd General Assembly, the State Treasurer shall so certify to the Department of Public Health and the State Comptroller, and the Department of Public Health shall certify to the State Comptroller the names and addresses, as well as any other necessary information, of all medical cannabis patients who made any medical cannabis product purchase in the 180-day period preceding the effective date of this amendatory Act of the 103rd General Assembly. The State Comptroller shall determine a refund amount by dividing the amount in excess of $12,500,000 by the number of medical cannabis patients certified by the Department of Public Health under this paragraph (1). The State Comptroller shall disburse the refund amount from the Fund to each medical cannabis patient certified by the Department of Public Health under this paragraph (1).

(2) If there is an amount in excess of $12,500,000 in the Compassionate Use of Medical Cannabis Fund at the close of business on June 30, 2024 or June 30 of any subsequent year, the State Treasurer shall so certify to the Department of Public Health and the State Comptroller, and the Department of Public Health shall certify to the Comptroller the names and addresses, as well as any other necessary information, of all medical cannabis patients who made any medical cannabis product purchase during the State fiscal year ending on June 30 of that year. The State Comptroller shall determine a refund amount by dividing the amount in excess of $12,500,000 by the number of medical cannabis patients certified by the Department of Public Health under this paragraph (2) for that year. The State Comptroller shall disburse the refund amount from the Fund to each medical cannabis patient certified by the Department of Public Health under this paragraph (2).

(Source: P.A. 98-122, eff. 1-1-14.)

Section 99. Effective date. This Act takes effect upon becoming law.