Sen. William R. Haine
Filed: 4/28/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1381




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    AMENDMENT NO. ______. Amend Senate Bill 1381 on page 2, 
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line 17, by replacing "practitioners" with "physicians"; and 
 
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on page 3, by replacing line 12 with the following:
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"more than 2 ounces of dried usable cannabis and 6 cannabis 
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plants, no more than 3 of which can be mature cannabis plants.


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As used in this subsection (a), "mature cannabis plant" means a 
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female cannabis plant that meets one or more of the following 3 
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criteria: (1) has observable flowers or buds, (2) is at least 
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12 inches in height, or (3) is at least 12 inches in 
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diameter."; and


  
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by replacing lines 16 through 26 on page 3 and lines 1 through 
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6 on page 4 with the following:


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    "(b) "Debilitating medical condition" means one or more of 
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the following:
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        (1) cancer, glaucoma, positive status for human 
 


 






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    immunodeficiency virus, acquired immune deficiency 
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    syndrome, hepatitis C, amyotrophic lateral sclerosis, 
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    Crohn's disease, agitation of Alzheimer's disease, nail 
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    patella, or the treatment of these conditions;
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        (2) a chronic or debilitating disease or medical 
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    condition or its treatment that produces one or more of the 
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    following: cachexia or wasting syndrome; seizures, 
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    including but not limited to those characteristic of 
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    epilepsy; or severe and persistent muscle spasms, 
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    including but not limited to those characteristic of 
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    multiple sclerosis;
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        (3) a debilitating disease or medical condition or its 
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    treatment that produces intractable pain, which is severe, 
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    debilitating pain that did not respond to other reasonable 
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    medical efforts for a reasonable period of time, including 
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    in cases where other treatment options produced serious 
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    side effects;
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        (4) a debilitating disease or medical condition or its 
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    treatment that produces severe, debilitating nausea that 
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    did not respond to other reasonable medical efforts for a 
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    reasonable
period of time, including cases where other 
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    treatment options produced serious side effects; or
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        (5) any other medical condition or its treatment 
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    approved by the Department, as provided for in subsection 
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    (a) of Section 20."; and

 
 


 






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on page 5, by replacing lines 4 through 6 with the following:
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    "(h)  "Physician" means a person licensed under the Medical 
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Practice Act of 1987 to practice medicine in all its branches 
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who has the authority to prescribe under Article III of the 
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Illinois Controlled Substances Act."; and
 
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on page 5, line 17, by replacing "practitioner" with 
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"physician"; and
 
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on page 6, by replacing lines 4 through 15 with the following:
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    "(n) "Written certification" means a document signed by a 
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physician, stating: (1) that in the physician's professional 
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opinion the patient is likely to receive therapeutic or 
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palliative benefit from the medical use of cannabis to treat or 
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alleviate the patient's debilitating medical condition or 
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symptoms associated with the debilitating medical condition; 
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(2) that the qualifying patient has a debilitating medical 
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condition and specifying what debilitating medical condition 
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the qualifying patient has; and (3) that the patient is under 
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the physician's care for the debilitating medical condition. A 
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written certification shall be made only in the course of a 
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bona fide physician-patient relationship after the physician 
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has completed a full assessment of the qualifying patient's 
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medical history."; and
 
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on page 9, line 20, by replacing "practitioner" with 
 


 






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"physician"; and
 
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on page 9, line 26, by replacing "practitioner's" with 
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"physician's"; and
 
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on page 10, line 6, by replacing "practitioner" with 
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"physician"; and
 
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on page 11, by inserting immediately below line 19 the 
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following:
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    "(n) For purposes of Illinois State law, the consumption or 
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use of cannabis by a registered qualifying patient shall be 
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considered lawful if it is authorized by and in accordance with 
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this Act."; and


 
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on page 12, by replacing lines 16 through 18 with the 
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following:
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"Act. The fee shall include an additional $3 per registry 
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identification card which shall be used to develop and 
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disseminate educational information about the health risks 
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associated with the abuse of cannabis and prescription 
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medications. The Department may establish a sliding scale of"; 
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and
 
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on page 12, by inserting immediately below line 21 the 
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following:
 


 






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    "(c)  Not later than 120 days after the effective date of 
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this Act, the Department shall promulgate rules governing the 
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manner in which it shall consider applications for and renewals 
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of registration certificates for medical cannabis 
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organizations, including rules governing the form and content 
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of registration and renewal applications, and a standard form 
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for written certifications."; and

 
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on page 13, line 1, by inserting after "certification" the 
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following:
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", which shall be on a form developed by the Department"; and
 
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on page 13, line 7, by replacing "practitioner" with 
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"physician"; and
 
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on page 13, line 13, by replacing "practitioner" with 
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"physician"; and
 
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on page 15, line 14, by replacing "practitioner" with 
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"physician"; and
 
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on page 16, line 25, by replacing "practitioners" with 
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"physicians"; and
 
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on page 18, line 3, by replacing "practitioners" with 
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"physicians"; and
 
 


 






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on page 18, line 13, by replacing "practitioners" with 
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"physicians"; and
 
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on page 18, by replacing lines 15 through 24 with the 
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following:
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    "(j)  The Department shall develop and disseminate 
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educational information about the health risks associated with 
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the abuse of cannabis and prescription medications, which shall 
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be funded by the $3 fees generated from registry identification 
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cards."; and
 
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on page 19, line 2, by inserting ",  nor shall it prevent the 
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imposition of any civil, criminal, or other penalties for any 
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such actions" after "following"; and 
 
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on page 19, by inserting immediately below line 21 the 
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following:
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        "(5) Use cannabis if that person does not have a 
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    serious or debilitating medical condition.


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        (6) Allow any person who is not allowed to use cannabis 
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    under this Act to use cannabis that a cardholder is allowed 
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    to possess pursuant to this Act.


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        (7) Transfer cannabis to any person who is not allowed 
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    to possess cannabis under this Act."; and

 
 


 






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on page 20, by inserting immediately line 13 the following:
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    "(d)  Nothing in this Act shall be construed to prevent the 
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arrest or prosecution of a registered qualifying patient for 
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reckless driving or driving under the influence of cannabis 
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where probable cause exists. 
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    (e)  This Act shall in no way limit an employer's ability to 
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discipline an employee for ingesting cannabis in the workplace 
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or for working while under the influence of cannabis. This Act 
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shall in no way limit an employer's ability to discipline an 
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employee for failing a drug test if failing to do so would put 
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the employer in violation of federal law or cause it to lose a 
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federal contract or funding."; and
 
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on page 20, line 21, by replacing "practitioner" with 
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"physician"; and
 
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on page 20, line 22, by replacing "practitioner's" with 
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"physician's"; and
 
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on page 20, line 25, by replacing "practitioner-patient" with 
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"physician-patient"; and
 
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on page 27, line 7, by replacing "reasonable" with "random"; 
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and
 
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by replacing lines 15 through 24 on page 30 and lines 1 through 
 


 






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13 on page 31 with the following:
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    "(a) By July 1, 2010, the Department shall adopt rules 
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defining the quantity of cannabis that could reasonably be 
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presumed to be a 60-day supply for qualifying patients.
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    (b) During the rule-making process, the Department shall 
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make a good faith effort to include all stakeholders identified 
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in the rule-making analysis as being impacted by the rule.
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    (c) Stakeholders shall include, but are not limited to: 
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        (1)  at least 3 physicians, one of whom must have prior 
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    experience treating medical cannabis patients and another 
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    who specializes in oncology; 
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        (2) 2 nurses, one of whom must have prior experience 
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    treating HIV/AIDS patients;
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        (3)  a representative from hospice;
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        (4) a representative from the law enforcement 
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    community; 
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        (5) the Director of State Police or his or her 
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    designee;
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        (6)  a prosecuting attorney currently employed by the 
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    State of Illinois;
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        (7) a public defender currently employed by the State 
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    of Illinois;
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        (8) a defense attorney in private practice;
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        (9) a licensed phlebotomist;  
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        (10)  a horticulturist; and
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        (11) a representative of the business community."; and

 
 


 






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on page 34, by inserting immediately below line 5 the 
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following:
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    "(3)  Any registered qualifying patient or registered 
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primary caregiver who distributes cannabis to someone who is 
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not allowed to use cannabis is subject to a penalty enhancement 
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of not more than 2 years in prison or a fine of not more than 
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$2,000, or both, for abuse of the Compassionate Use of Medical 
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Cannabis Pilot Program Act.".