SB0650 95TH GENERAL ASSEMBLY

LRB095 05362 RLC 29144 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0650

Introduced 2/8/2007, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

See Index

Amends the Cannabis Control Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more than 12 cannabis plants and 2.5 ounces of usable cannabis which must be grown in an indoor locked facility. Provides that within 30 days after the effective date of the amendatory Act, the Department shall adopt emergency rules to implement these provisions. Creates a task force to implement permanent rules. Provides that if the Department fails to adopt rules to implement these provisions within 6 months, a qualifying patient may commence an action in a court of competent jurisdiction to compel the Department to perform the actions mandated pursuant to these provisions. Provides that a municipality may not prevent a registered organization from operating in accordance with the amendatory Act in an area where zoning permits retail businesses. Limits home rule powers. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Control Act is amended by changing Sections 3 and 8, adding the headings of Articles 1 and 2, and adding Sections 205, 210, 215, 220, 225, 230, 235, 240, 245, and 250 as follows:

(720 ILCS 550/Art. 1 heading new)

ARTICLE 1. CANNABIS CONTROL

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)

Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Cannabis" includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

(b) "Casual delivery" means the delivery of not more than 10 grams of any substance containing cannabis without consideration.

(c) For purposes of Article 1, "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(d) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship.

(e) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.

(f) "Director" means the Director of the Department of State Police or his designated agent.

(g) "Local authorities" means a duly organized State, county, or municipal peace unit or police force.

(h) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

(i) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(j) "Produce" or "production" means planting, cultivating, tending or harvesting.

(k) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(l) "Subsequent offense" means an offense under this Act, the offender of which, prior to his conviction of the offense, has at any time been convicted under this Act or under any laws of the United States or of any state relating to cannabis, or any controlled substance as defined in the Illinois Controlled Substances Act.

(Source: P.A. 89-507, eff. 7-1-97.)

(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)

Sec. 8. It is unlawful for any person knowingly to produce the cannabis sativa plant or to possess such plants or to deliver such plants unless production or possession has been authorized pursuant to the provisions of Article 2 Section 11 of the Act.

(1) Any person who violates this Section with respect to production or possession of:

(a) Not more than 5 plants is guilty of a Class A misdemeanor, except that a violation under paragraph (2) of this Section is a Class 4 felony.

(b) More than 5, but not more than 20 plants, is guilty of a Class 4 felony, except that a violation under paragraph (2) of this Section is a Class 3 felony.

(c) More than 20, but not more than 50 plants, is guilty of a Class 3 felony, except that a violation under paragraph (2) of this Section is a Class 2 felony.

(d) More than 50 plants is guilty of a Class 2 felony, except that a violation under paragraph (2) of this Section is a Class 1 felony, for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund.

(2) Any person authorized pursuant to the provisions of Article 2 of this Act to produce or possess the cannabis sativa plant, who knowingly produces the cannabis sativa plant or possesses such plants or delivers such plants except as provided for in Article 2, is guilty of violating this Section. Any violation of this paragraph (2) shall be punished according to the number of plants involved in the violation as provided in paragraph (1) of this Section.

(Source: P.A. 84-1233.)

(720 ILCS 550/Art. 2 heading new)

ARTICLE 2. MEDICAL CANNABIS

(720 ILCS 550/205 new)

Sec. 205. Findings.

(a) Modern medical research has discovered beneficial uses for cannabis in treating or alleviating the pain, nausea, and other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999.

(b) Although federal law currently prohibits any use of cannabis, the laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, and Washington permit the medical use and cultivation of cannabis. Illinois joins in this effort for the health and welfare of its citizens.

(c) State law should make a distinction between the medical and non-medical use of cannabis. Hence, the purpose of this Article 2 is to protect patients with debilitating medical conditions, and their practitioners and primary caregivers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of cannabis.

(d) The people of the State of Illinois declare that they enact this Article 2 pursuant to the police power to protect the health of its citizens that is reserved to the State of Illinois and its people under the Tenth Amendment to the United States Constitution.

(720 ILCS 550/210 new)

Sec. 210. Definitions. As used in this Article:

"Debilitating medical condition" means:

(1) cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or Hepatitis C;

(2) a chronic or debilitating disease or medical condition that produces one or more of the following: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis and Crohn's disease; or agitation of Alzheimer's disease; or

(3) any other medical condition approved by the Department, as provided for in subsection (a) of Section 220.

"Department" means the Department of Public Health.

"Cannabis" has the meaning given that term in Section 3 of this Act.

"Indoor locked facility" means a building, closet, room, or other indoor area equipped with locks or other security devices that permit access only by a registered caregiver or registered patient.

"Medical use" means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the consumption of cannabis to alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the medical condition.

"Practitioner" means a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a written collaborative agreement with the physician who authorizes the provision of written certifications under this Article 2, or a physician assistant who has been delegated the authority to provide written certifications under this Article 2.

"Primary caregiver" means a person who is at least 18 years old and who has agreed to assist with a person's medical use of cannabis. A primary caregiver may assist no more than 3 qualifying patients with their medical use of cannabis.

"Qualifying patient" means a person who has been diagnosed by a practitioner as having a debilitating medical condition.

"Registry identification card" means a document issued by the Department that identifies a person as a qualifying patient or primary caregiver.

"Usable cannabis" means the dried leaves and flowers of the cannabis plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

"Written certification" means the qualifying patient's medical records, or a statement signed by a practitioner, stating that in the practitioner's professional opinion the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient. A written certification shall be made only in the course of a bona fide practitioner-patient relationship after the practitioner has completed a full assessment of the qualifying patient's medical history. The written certification shall specify the qualifying patient's debilitating medical condition or conditions.

(720 ILCS 550/215 new)

Sec. 215. Protections for the medical use of cannabis.

(a) A qualifying patient who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of cannabis, provided that the qualifying patient possesses an amount of cannabis that does not exceed 12 cannabis plants and 2.5 ounces of usable cannabis, which must be grown in an indoor locked facility.

(b) A primary caregiver who has in his or her possession a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the Department's registration process with the medical use of cannabis, provided that the primary caregiver possesses an amount of cannabis that does not exceed 12 cannabis plants and 2.5 ounces of usable cannabis for each qualifying patient to whom he or she is connected through the Department's registration process, which must be grown in an indoor locked facility.

(c) No school, employer, or landlord may refuse to enroll, employ, lease to, or otherwise penalize a person solely for his or her status as a registered qualifying patient or a registered primary caregiver.

(d) There shall exist a presumption that a qualifying patient or primary caregiver is engaged in the medical use of cannabis if the qualifying patient or primary caregiver:

(1) is in possession of a registry identification card; and

(2) is in possession of an amount of cannabis that does not exceed the amount permitted under this Article 2. Such presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the medical condition.

(e) A primary caregiver may receive reimbursement for costs associated with assisting with a registered qualifying patient's medical use of cannabis. Compensation shall not constitute sale of controlled substances.

(f) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by the Medical Disciplinary Board or by another business or occupational or professional licensing board or bureau solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the medical cannabis would likely outweigh the health risks for a patient.

Any interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis, or acts incidental to such use, shall not be forfeited.

(g) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, aiding and abetting, being an accessory, or any other offense for simply being in the presence or vicinity of the medical use of cannabis as permitted under this Article 2 or for assisting a registered qualifying patient with using or administering cannabis.

(h) A registry identification card, or its equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia to permit the medical use of cannabis by a qualifying patient, or to permit a person to assist with a qualifying patient's medical use of cannabis, shall have the same force and effect as a registry identification card issued by the Department.

(720 ILCS 550/220 new)

Sec. 220. Department to adopt rules.

(a) Not later than 90 days after the effective date of this amendatory Act of the 95th General Assembly, the Department shall, with notice to the Department of State Police, adopt rules governing the manner in which it shall consider petitions from the public to add debilitating medical conditions to those included in this Article 2. In considering such petitions, the Department shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. The Department shall, after hearing, approve or deny such petitions within 180 days after submission. The approval or denial of such a petition shall be considered a final Department action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the circuit court. The denial of a petition shall not disqualify qualifying patients with that condition if they have a debilitating medical condition. The denial of a petition shall not prevent a person with the denied condition from raising an affirmative defense.

(b) Not later than 90 days after the effective date of this amendatory Act of the 95th General Assembly, the Department shall adopt rules governing the manner in which it shall consider applications for and renewals of registry identification cards for qualifying patients and primary caregivers. The Department's rules shall establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this Article 2. The fee shall include an additional $2 per registry identification card which shall be allocated to drug treatment and prevention. The Department may vary the application and renewal fees along a sliding scale that accounts for a qualifying patient's income. The Department may accept donations from private sources in order to reduce the application and renewal fees.

(720 ILCS 550/225 new)

Sec. 225. Administering the Department's rules.

(a) The Department shall issue registry identification cards to qualifying patients who submit the following, in accordance with the Department's rules:

(1) written certification;

(2) application or renewal fee;

(3) name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;

(4) name, address, and telephone number of the qualifying patient's practitioner; and

(5) name, address, and date of birth of the primary caregiver of the qualifying patient, if any.

(b) The Department shall not issue a registry identification card to a qualifying patient under the age of 18 unless:

(1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and

(2) A parent, guardian, or person having legal custody consents in writing to:

(A) allow the qualifying patient's medical use of cannabis;

(B) serve as the qualifying patient's primary caregiver; and

(C) control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient.

(c) The Department shall verify the information contained in an application or renewal submitted pursuant to this Section, and shall approve or deny an application or renewal within 15 days of receiving it. The Department may deny an application or renewal only if the applicant did not provide the information required pursuant to this Section, or if the Department determines that the information provided was falsified. Rejection of an application or renewal is considered a final Department action, subject to judicial review under the Administrative Review Law. Jurisdiction and venue for judicial review are vested in the circuit court.

(d) The Department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient's approved application. No more than one individual primary caregiver and one non-profit dispensary as defined in Section 245 may be named in a qualifying patient's application, provided that patients can name a dispensary without naming an individual primary caregiver, may designate an individual primary caregiver without designating a dispensary, or may designate both one individual primary caregiver and one dispensary.

(e) The Department shall issue registry identification cards within 5 days of approving an application or renewal, which shall expire one year after the date of issuance. Registry identification cards shall contain:

(1) the name, address, and date of birth of the qualifying patient;

(2) the name, address, and date of birth of the primary caregiver of the qualifying patient, if any;

(3) the date of issuance and expiration date of the registry identification card;

(4) a unique random registry identification number; and

(5) a recent photograph.

(f)(1) A qualifying patient who has been issued a registry identification card shall notify the Department of any change in the qualifying patient's name, address, or primary caregiver, or if the qualifying patient ceases to have his or her debilitating medical condition, within 10 days of such change.

(2) A registered qualifying patient who fails to notify the Department of any of these changes is responsible for a civil infraction, punishable by a fine of no more than $150. If the person has ceased to suffer from a debilitating medical condition, the card shall be deemed null and void and the person shall be liable for any other penalties that may apply to the person's non-medical use of cannabis.

(3) A registered primary caregiver shall notify the Department of any change in his or her name or address within 10 days of such change. A primary caregiver who fails to notify the Department of any of these changes is responsible for a civil infraction, punishable by a fine of no more than $150.

(4) When a qualifying patient or primary caregiver notifies the Department of any changes listed in this subsection (f), the Department shall issue the registered qualifying patient and the primary caregiver a new registry identification card within 10 days of receiving the updated information and a $10 fee.

(5) When a qualifying patient who possesses a registry identification card changes his or her primary caregiver, the Department shall notify the primary caregiver within 10 days. The primary caregiver's protections as provided in this Article 2 shall expire 10 days after notification by the Department.

(6) If a registered qualifying patient or a primary caregiver loses his or her registry identification card, he or she shall notify the Department and submit a $10 fee within 10 days of losing the card. Within 5 days, the Department shall issue a new registry identification card with a new random identification number.

(g) Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support the search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.

(h)(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and practitioners, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996 and when applicable, the AIDS Confidentiality Act.

(2) The Department shall maintain a confidential list of the persons to whom the Department has issued registry identification cards. Individual names and other identifying information on the list shall be confidential, exempt from the Freedom of Information Act, and not subject to disclosure, except to authorized employees of the Department as necessary to perform official duties of the Department.

(3) The Department shall make available to law enforcement personnel a secure website whereby law enforcement can determine whether a registry identification card is valid solely by entering the random identification number. The secure website shall return data as it appears on the registry identification card, which includes the digital photo used on the card, name, address, and date of birth.

(4) It is a Class B misdemeanor for any person, including an employee or official of the Department or another State agency or local government, to breach the confidentiality of information obtained pursuant to this Article 2. Notwithstanding this provision, Department employees may notify law enforcement about falsified or fraudulent information submitted to the Department.

(i) The Department shall report annually to the General Assembly on the number of applications for registry identification cards, the number of qualifying patients and primary caregivers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registry identification cards revoked, and the number of practitioners providing written certification for qualifying patients. The Department shall not provide any information identifying qualifying patients, primary caregivers, or practitioners.

(720 ILCS 550/230 new)

Sec. 230. Scope of Article 2.

(a) This Article 2 does not permit:

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

(2) the smoking of cannabis:

(A) in a school bus or other form of public transportation;

(B) on any school grounds;

(C) in any correctional facility; or

(D) in any public place; and

(3) any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis. However, a registered qualifying patient may not be considered to be under the influence solely for having cannabis metabolites in his or her system.

(b) Nothing in this Article 2 shall be construed to require:

(1) a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of cannabis; or

(2) an employer to accommodate the medical use of cannabis in any workplace.

(720 ILCS 550/235 new)

Sec. 235. Affirmative defense and dismissal for medical cannabis.

(a) Except as provided in Section 230, a person and a person's primary caregiver, if any, may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense shall be presumed valid where the evidence shows that:

(1) the person's medical records indicate, or a practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person; and

(2) the person and the person's primary caregiver, if any, were collectively in possession of a quantity of cannabis that was not more than was reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the person's medical condition or symptoms associated with the medical condition.

(b) A person may assert the medical purpose for using cannabis in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the defendant shows the elements listed in subsection (a) of this Section.

(c) Any interest in or right to property that was possessed, owned, or used in connection with a person's use of cannabis for medical purposes shall not be forfeited if the person or the person's primary caregiver demonstrates the person's medical purpose for using cannabis pursuant to this Section.

(720 ILCS 550/240 new)

Sec. 240. Enforcement of this Article 2.

(a) Within 30 days after the effective date of this amendatory Act of the 95th General Assembly, the Department shall adopt emergency rules to implement this Article 2. Within 6 months after the effective date of this amendatory Act of the 95th General Assembly, a task force consisting of the Directors or their designees of the Departments of Public Health and State Police and the Secretary of Human Services or his or her designee; 2 members of the House of Representatives appointed by the Speaker of the House of Representatives; 2 members of the Senate appointed by the President of the Senate; one member of the House of Representatives appointed by the House Minority Leader; and one member of the Senate appointed by the Senate Minority Leader shall act to implement permanent rules. In addition the Speaker and the President shall appoint one person each involved in patient services or advocacy. If the Department fails to adopt rules to implement this Article 2 within 6 months after the effective date of this amendatory Act of the 95th General Assembly, a qualifying patient may commence an action in a court of competent jurisdiction to compel the Department to perform the actions mandated pursuant to the provisions of this Article 2.

(b) If the Department fails to issue a valid registry identification card in response to a valid application submitted pursuant to this Article 2 within 20 days of its submission, the registry identification card shall be deemed granted and a copy of the registry identification application shall be deemed a valid registry identification card.

(720 ILCS 550/245 new)

Sec. 245. Non-profit dispensaries.

(a) "Registered organization" means a non-profit entity registered with the State under this Article 2 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses cannabis, cultivation equipment, related supplies and educational materials, or cannabis seeds to registered qualifying patients. A registered organization shall be treated as a primary caregiver, although it may supply cannabis to any number of registered qualifying patients who have designated it as their non-profit dispensary in accordance with subsection (d) of Section 225.

(b)(1) The Department shall issue a registered organization license within 20 days to any person who complies with this Article 2, including the limitations in subsection (i), and Department rules and provides the following:

(A) a fee paid to the Department in the amount established by the Department, which shall not exceed $1,000;

(B) the name of the registered organization;

(C) the physical addresses of the registered organization and any other real property where cannabis is to be possessed, cultivated, manufactured, supplied, or dispensed relating to the operations of the registered organization; and

(D) the name, address, date of birth, and photograph of any person who is an agent of or employed by the registered organization.

(2) The Department shall issue each agent and employee of a registered organization a registry identification card for a cost of $10 each within 10 days of receipt of the person's identifying information and the fee. Each card shall specify that the cardholder is an employee or agent of a registered organization.

(3) Each license for a registered organization and each employee or agent registry identification card shall expire one year after the date of issuance.

(4) Not later than 90 days after the effective date of this amendatory Act of the 95th General Assembly, the Department shall promulgate rules to implement this Section, including the following:

(A) procedures for the oversight of registered organizations, record-keeping and reporting requirements for registered organizations, the potential transfer or sale of seized cultivation equipment and related supplies from law enforcement agencies to registered organizations, and procedures for suspending or terminating the registration of registered organizations; and

(B) the form and content of the registration and renewal applications.

(c) Registered organizations shall be subject to reasonable inspection by the Department to determine that applicable rules are being followed. Reasonable notice shall be given prior to these inspections.

(d) (1) Registered organizations shall be established as nonprofit entities. They shall be subject to all applicable State laws governing nonprofit entities, but need not be recognized as a 501(c)(3) organization by the Internal Revenue Service.

(2) Registered organizations may not be located within 500 feet of the property line of a public school, private school, or structure used primarily for religious services or worship.

(3) The operating documents of a registered organization shall include procedures for the oversight of the registered organization and procedures to ensure adequate record-keeping.

(e)(1) A registered organization shall notify the Department within 10 days of when an employee or agent ceases to work at the registered organization.

(2) The registered organization shall notify the Department before a new agent or employee begins working at the registered organization, in writing, and it shall submit a $10 fee for that person's registry identification card.

(f)(1) No registered organization shall be subject to prosecution, search, seizure, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau for acting in accordance with this Article 2 and the rules issued pursuant to this Article 2 to assist registered qualifying patients to whom it is connected through the Department's registration process with the medical use of cannabis, provided that the registered organization possesses an amount of cannabis which does not exceed 12 cannabis plants and 2.5 ounces of usable cannabis for each registered qualifying patient.

(2) No employees, agents, or board members of a registered organization shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for working for a registered organization in accordance with this Article 2.

(3) Applications and supporting information submitted by registered organizations, including licenses and information regarding their patients, primary caregivers, agents and employees of the organization are confidential and when applicable protected under the federal Health Insurance Portability and Accountability Act of 1996 and the AIDS Confidentiality Act.

(g) The registered organization is prohibited from:

(1) obtaining cannabis from outside the State in violation of federal law;

(2) acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying, or dispensing cannabis for any purpose except to assist registered qualifying patients with their medical use of cannabis.

(h) Except as provided in this Article 2, a municipality may not prevent a registered organization from operating in accordance with this Article 2 in an area where zoning permits retail businesses. This subsection (h) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(i) The number of licenses for registered organizations that the Department issues shall be limited to one registered organization license for each municipality with a population of 50,000 or more, except that a municipality with a population of 1,000,000 or more shall be limited to 15 registered organization licenses.

(j) If provisions of this Article 2 establishing registered organizations are enjoined or declared unconstitutional, then enforcing laws against delivery of cannabis for consideration to registered qualifying patients shall be the lowest priority of law enforcement.

(720 ILCS 550/250 new)

Sec. 250. Application. In the event of a conflict between this Article 2 and Article 1 of this Act, the provisions of this Article 2 shall control.

(720 ILCS 550/11 rep.)

Section 10. The Cannabis Control Act is amended by repealing Section 11.

Section 95. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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