| |||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 22-33 as follows: | ||||||
6 | (105 ILCS 5/22-33) | ||||||
7 | Sec. 22-33. Medical cannabis. | ||||||
8 | (a) This Section may be referred to as Ashley's Law. | ||||||
9 | (a-5) In this Section : | ||||||
10 | "Designated , "designated caregiver", "medical cannabis | ||||||
11 | infused product", "qualifying patient", and "registered" have | ||||||
12 | the meanings given to those terms under Section 10 of the | ||||||
13 | Compassionate Use of Medical Cannabis Pilot Program Act. | ||||||
14 | "Self-administration" means a student's discretionary use | ||||||
15 | of his or her medical cannabis infused product. | ||||||
16 | (b) Subject to the restrictions under subsections (c) | ||||||
17 | through (g) of this Section, a school district, public school, | ||||||
18 | charter school, or nonpublic school shall authorize a parent or | ||||||
19 | guardian or any other individual registered with the Department | ||||||
20 | of Public Health as a designated caregiver of a student who is | ||||||
21 | a registered qualifying patient to administer a medical | ||||||
22 | cannabis infused product to the student on the premises of the | ||||||
23 | child's school or on the child's school bus if both the student |
| |||||||
| |||||||
1 | (as a registered qualifying patient) and the parent or guardian | ||||||
2 | or other individual (as a registered designated caregiver) have | ||||||
3 | been issued registry identification cards under the | ||||||
4 | Compassionate Use of Medical Cannabis Pilot Program Act. After | ||||||
5 | administering the product, the parent or guardian or other | ||||||
6 | individual shall remove the product from the school premises or | ||||||
7 | the school bus. | ||||||
8 | (b-5) Notwithstanding subsection (b) and subject to the | ||||||
9 | restrictions under subsections (c) through (g), a school | ||||||
10 | district, public school, charter school, or nonpublic school | ||||||
11 | must allow a school nurse or school administrator to administer | ||||||
12 | a medical cannabis infused product to a student who is a | ||||||
13 | registered qualifying patient (i) while on school premises, | ||||||
14 | (ii) while at a school-sponsored activity, or (iii) before or | ||||||
15 | after normal school activities, including while the student is | ||||||
16 | in before-school or after-school care on school-operated | ||||||
17 | property or while the student is being transported on a school | ||||||
18 | bus. A school district, public school, charter school, or | ||||||
19 | nonpublic school may authorize the self-administration of a | ||||||
20 | medical cannabis infused product by a student who is a | ||||||
21 | registered qualifying patient if the self-administration takes | ||||||
22 | place under the direct supervision of a school nurse or school | ||||||
23 | administrator. | ||||||
24 | Before allowing the administration of a medical cannabis | ||||||
25 | infused product by a school nurse or school administrator or a | ||||||
26 | student's self-administration of a medical cannabis infused |
| |||||||
| |||||||
1 | product under the supervision of a school nurse or school | ||||||
2 | administrator under this subsection, the parent or guardian of | ||||||
3 | a student who is the registered qualifying patient must provide | ||||||
4 | written authorization for its use, along with a copy of the | ||||||
5 | registry identification card of the student (as a registered | ||||||
6 | qualifying patient) and the parent or guardian (as a registered | ||||||
7 | designated caregiver). The written authorization must specify | ||||||
8 | the times where or the special circumstances under which the | ||||||
9 | medical cannabis infused product must be administered. The | ||||||
10 | written authorization and a copy of the registry identification | ||||||
11 | cards must be kept on file in the office of the school nurse. | ||||||
12 | The authorization for a student to self-administer medical | ||||||
13 | cannabis infused products is effective for the school year in | ||||||
14 | which it is granted and must be renewed each subsequent school | ||||||
15 | year upon fulfillment of the requirements of this Section. | ||||||
16 | (b-10) Medical cannabis infused products that are to be | ||||||
17 | administered under subsection (b-5) must be stored with the | ||||||
18 | school nurse at all times in a manner consistent with storage | ||||||
19 | of other student medication at the school and may be accessible | ||||||
20 | only by the school nurse or a school administrator. | ||||||
21 | (c) A parent or guardian or other individual may not | ||||||
22 | administer a medical cannabis infused product under this | ||||||
23 | Section in a manner that, in the opinion of the school district | ||||||
24 | or school, would create a disruption to the school's | ||||||
25 | educational environment or would cause exposure of the product | ||||||
26 | to other students. |
| |||||||
| |||||||
1 | (d) A school district or school may not discipline a | ||||||
2 | student who is administered a medical cannabis infused product | ||||||
3 | by a parent or guardian or other individual under this Section | ||||||
4 | or who self-administers a medical cannabis infused product | ||||||
5 | under the supervision of a school nurse or school administrator | ||||||
6 | under this Section and may not deny the student's eligibility | ||||||
7 | to attend school solely because the student requires the | ||||||
8 | administration of the product. | ||||||
9 | (e) Nothing in this Section requires a member of a school's | ||||||
10 | staff to administer a medical cannabis infused product to a | ||||||
11 | student. | ||||||
12 | (f) A school district, public school, charter school, or | ||||||
13 | nonpublic school may not authorize the use of a medical | ||||||
14 | cannabis infused product under this Section if the school | ||||||
15 | district or school would lose federal funding as a result of | ||||||
16 | the authorization. | ||||||
17 | (f-5) The State Board of Education, in consultation with | ||||||
18 | the Department of Public Health, must develop a training | ||||||
19 | curriculum for school nurses and school administrators on the | ||||||
20 | administration of medical cannabis infused products. Prior to | ||||||
21 | the administration of a medical cannabis infused product under | ||||||
22 | subsection (b-5), a school nurse or school administrator must | ||||||
23 | annually complete the training curriculum developed under this | ||||||
24 | subsection and must submit to the school's administration proof | ||||||
25 | of its completion. A school district, public school, charter | ||||||
26 | school, or nonpublic school must maintain records related to |
| |||||||
| |||||||
1 | the training curriculum and of the school nurses or school | ||||||
2 | administrators who have completed the training. | ||||||
3 | (g) A school district, public school, charter school, or | ||||||
4 | nonpublic school shall adopt a policy to implement
this | ||||||
5 | Section.
| ||||||
6 | (Source: P.A. 100-660, eff. 8-1-18.)
| ||||||
7 | Section 10. The Compassionate Use of Medical Cannabis Pilot | ||||||
8 | Program Act is amended by changing Section 25 as follows: | ||||||
9 | (410 ILCS 130/25) | ||||||
10 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
11 | Sec. 25. Immunities and presumptions related to the medical | ||||||
12 | use of cannabis.
| ||||||
13 | (a) A registered qualifying patient is not subject to | ||||||
14 | arrest, prosecution, or denial of any right or privilege, | ||||||
15 | including but not limited to civil penalty or disciplinary | ||||||
16 | action by an occupational or professional licensing board, for | ||||||
17 | the medical use of cannabis in accordance with this Act, if the | ||||||
18 | registered qualifying patient possesses an amount of cannabis | ||||||
19 | that does not exceed an adequate supply as defined in | ||||||
20 | subsection (a) of Section 10 of this Act of usable cannabis | ||||||
21 | and, where the registered qualifying patient is a licensed | ||||||
22 | professional, the use of cannabis does not impair that licensed | ||||||
23 | professional when he or she is engaged in the practice of the | ||||||
24 | profession for which he or she is licensed.
|
| |||||||
| |||||||
1 | (b) A registered designated caregiver is not subject to | ||||||
2 | arrest, prosecution, or denial of any right or privilege, | ||||||
3 | including but not limited to civil penalty or disciplinary | ||||||
4 | action by an occupational or professional licensing board, for | ||||||
5 | acting in accordance with this Act to assist a registered | ||||||
6 | qualifying patient to whom he or she is connected through the | ||||||
7 | Department's registration process with the medical use of | ||||||
8 | cannabis if the designated caregiver possesses an amount of | ||||||
9 | cannabis that does not exceed an adequate supply as defined in | ||||||
10 | subsection (a) of Section 10 of this Act of usable cannabis. A | ||||||
11 | school nurse or school administrator is not subject to arrest, | ||||||
12 | prosecution, or denial of any right or privilege, including, | ||||||
13 | but not limited to, a civil penalty, for acting in accordance | ||||||
14 | with Section 22-33 of the School Code relating to administering | ||||||
15 | or assisting a student in self-administering a medical cannabis | ||||||
16 | infused product. The total amount possessed between the | ||||||
17 | qualifying patient and caregiver shall not exceed the patient's | ||||||
18 | adequate supply as defined in subsection (a) of Section 10 of | ||||||
19 | this Act. | ||||||
20 | (c) A registered qualifying patient or registered | ||||||
21 | designated caregiver is not subject to
arrest, prosecution, or | ||||||
22 | denial of any right or privilege, including but not limited to | ||||||
23 | civil penalty or disciplinary action by an occupational or | ||||||
24 | professional licensing board for possession of cannabis that is | ||||||
25 | incidental to medical use, but is not usable cannabis as | ||||||
26 | defined in this Act.
|
| |||||||
| |||||||
1 | (d)(1) There is a rebuttable presumption that a registered | ||||||
2 | qualifying patient is engaged in, or a designated caregiver is | ||||||
3 | assisting with, the medical use of cannabis in accordance with | ||||||
4 | this Act if the qualifying patient or designated caregiver: | ||||||
5 | (A) is in possession of a valid registry identification | ||||||
6 | card; and | ||||||
7 | (B) is in possession of an amount of cannabis that does | ||||||
8 | not exceed the amount allowed under subsection (a) of | ||||||
9 | Section 10. | ||||||
10 | (2) The presumption may be rebutted by evidence that | ||||||
11 | conduct related to cannabis was not for the purpose of treating | ||||||
12 | or alleviating the qualifying patient's debilitating medical | ||||||
13 | condition or symptoms associated with the debilitating medical | ||||||
14 | condition in compliance with this Act.
| ||||||
15 | (e) A physician is not subject to arrest, prosecution, or | ||||||
16 | penalty in any manner, or denied any right or privilege, | ||||||
17 | including but not limited to civil penalty or disciplinary | ||||||
18 | action by the Medical Disciplinary Board or by any other | ||||||
19 | occupational or professional licensing board, solely for | ||||||
20 | providing written certifications or for otherwise stating | ||||||
21 | that, in the physician's professional opinion, a patient is | ||||||
22 | likely to receive therapeutic or palliative benefit from the | ||||||
23 | medical use of cannabis to treat or alleviate the patient's | ||||||
24 | debilitating medical condition or symptoms associated with the | ||||||
25 | debilitating medical condition, provided that nothing shall | ||||||
26 | prevent a professional licensing or disciplinary board from |
| |||||||
| |||||||
1 | sanctioning a physician for: (1) issuing a written | ||||||
2 | certification to a patient who is not under the physician's | ||||||
3 | care for a debilitating medical condition; or (2) failing to | ||||||
4 | properly evaluate a patient's medical condition or otherwise | ||||||
5 | violating the standard of care for evaluating medical | ||||||
6 | conditions.
| ||||||
7 | (f) No person may be subject to arrest, prosecution, or | ||||||
8 | denial of any right or privilege, including but not limited to | ||||||
9 | civil penalty or disciplinary action by an occupational or | ||||||
10 | professional licensing board, solely for: (1) selling cannabis | ||||||
11 | paraphernalia to a cardholder upon presentation of an unexpired | ||||||
12 | registry identification card in the recipient's name, if | ||||||
13 | employed and registered as a dispensing agent by a registered | ||||||
14 | dispensing organization; (2) being in the presence or vicinity | ||||||
15 | of the medical use of cannabis as allowed under this Act; or | ||||||
16 | (3) assisting a registered qualifying patient with the act of | ||||||
17 | administering cannabis.
| ||||||
18 | (g) A registered cultivation center is not subject to | ||||||
19 | prosecution; search or inspection, except by the Department of | ||||||
20 | Agriculture, Department of Public Health, or State or local law | ||||||
21 | enforcement under Section 130; seizure; or penalty in any | ||||||
22 | manner, or be denied any right or privilege, including but not | ||||||
23 | limited to civil penalty or disciplinary action by a business | ||||||
24 | licensing board or entity, for acting under this Act and | ||||||
25 | Department of Agriculture rules to: acquire, possess, | ||||||
26 | cultivate, manufacture, deliver, transfer, transport, supply, |
| |||||||
| |||||||
1 | or sell cannabis to registered dispensing organizations.
| ||||||
2 | (h) A registered cultivation center agent is not subject to | ||||||
3 | prosecution, search, or penalty in any manner, or be denied any | ||||||
4 | right or privilege, including but not limited to civil penalty | ||||||
5 | or disciplinary action by a business licensing board or entity, | ||||||
6 | for working or volunteering for a
registered cannabis | ||||||
7 | cultivation center under this Act and Department of Agriculture | ||||||
8 | rules, including to perform the actions listed under subsection | ||||||
9 | (g).
| ||||||
10 | (i) A registered dispensing organization is not subject to | ||||||
11 | prosecution; search or inspection, except by the Department of | ||||||
12 | Financial and Professional Regulation or State or local law | ||||||
13 | enforcement pursuant to Section 130; seizure; or penalty in any | ||||||
14 | manner, or be denied any right or privilege, including but not | ||||||
15 | limited to civil penalty or disciplinary action by a business | ||||||
16 | licensing board or entity, for acting under this Act and | ||||||
17 | Department of Financial and Professional Regulation rules to: | ||||||
18 | acquire, possess, or dispense cannabis, or related supplies, | ||||||
19 | and educational materials to registered qualifying patients or | ||||||
20 | registered designated caregivers on behalf of registered | ||||||
21 | qualifying patients.
| ||||||
22 | (j) A registered dispensing organization agent is not | ||||||
23 | subject to prosecution, search, or penalty in any manner, or be | ||||||
24 | denied any right or privilege, including but not limited to | ||||||
25 | civil penalty or disciplinary action by a business licensing | ||||||
26 | board or entity, for working or volunteering for a dispensing |
| |||||||
| |||||||
1 | organization under this Act and Department of Financial and | ||||||
2 | Professional Regulation rules, including to perform the | ||||||
3 | actions listed under subsection (i).
| ||||||
4 | (k) Any cannabis, cannabis paraphernalia, illegal | ||||||
5 | property, or interest in legal property that is possessed, | ||||||
6 | owned, or used in connection with the medical use of cannabis | ||||||
7 | as allowed under this Act, or acts incidental to that use, may | ||||||
8 | not be seized or forfeited. This Act does not prevent the | ||||||
9 | seizure or forfeiture of cannabis exceeding the amounts allowed | ||||||
10 | under this Act, nor shall it prevent seizure or forfeiture if | ||||||
11 | the basis for the action is unrelated to the cannabis that is | ||||||
12 | possessed, manufactured, transferred, or used under this Act.
| ||||||
13 | (l) Mere possession of, or application for, a registry | ||||||
14 | identification card or registration certificate does not | ||||||
15 | constitute probable cause or reasonable suspicion, nor shall it | ||||||
16 | be used as the sole basis to support the search of the person, | ||||||
17 | property, or home of the person possessing or applying for the | ||||||
18 | registry identification card. The possession of, or | ||||||
19 | application for, a registry identification card does not | ||||||
20 | preclude the existence of probable cause if probable cause | ||||||
21 | exists on other grounds.
| ||||||
22 | (m) Nothing in this Act shall preclude local or State law | ||||||
23 | enforcement agencies from searching a registered cultivation | ||||||
24 | center where there is probable cause to believe that the | ||||||
25 | criminal laws of this State have been violated and the search | ||||||
26 | is conducted in conformity with the Illinois Constitution, the |
| |||||||
| |||||||
1 | Constitution of the United States, and all State statutes.
| ||||||
2 | (n) Nothing in this Act shall preclude local or state law | ||||||
3 | enforcement agencies from searching a registered dispensing | ||||||
4 | organization where there is probable cause to believe that the | ||||||
5 | criminal laws of this State have been violated and the search | ||||||
6 | is conducted in conformity with the Illinois Constitution, the | ||||||
7 | Constitution of the United States, and all State statutes.
| ||||||
8 | (o) No individual employed by the State of Illinois shall | ||||||
9 | be subject to criminal or civil penalties for taking any action | ||||||
10 | in accordance with the provisions of this Act, when the actions | ||||||
11 | are within the scope of his or her employment. Representation | ||||||
12 | and indemnification of State employees shall be provided to | ||||||
13 | State employees as set forth in Section 2 of the State Employee | ||||||
14 | Indemnification Act.
| ||||||
15 | (p) No law enforcement or correctional agency, nor any | ||||||
16 | individual employed by a law enforcement or correctional | ||||||
17 | agency, shall be subject to criminal or civil liability, except | ||||||
18 | for willful and wanton misconduct, as a result of taking any | ||||||
19 | action within the scope of the official duties of the agency or | ||||||
20 | individual to prohibit or prevent the possession or use of | ||||||
21 | cannabis by a cardholder incarcerated at a correctional | ||||||
22 | facility, jail, or municipal lockup facility, on parole or | ||||||
23 | mandatory supervised release, or otherwise under the lawful | ||||||
24 | jurisdiction of the agency or individual. | ||||||
25 | (Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15 .) |