HB3139 EnrolledLRB102 16537 SPS 21932 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 30 and by adding
6Section 31 as follows:
 
7    (410 ILCS 130/30)
8    Sec. 30. Limitations and penalties.
9    (a) This Act does not permit any person to engage in, and
10does not prevent the imposition of any civil, criminal, or
11other penalties for engaging in, the following conduct:
12        (1) Undertaking any task under the influence of
13    cannabis, when doing so would constitute negligence,
14    professional malpractice, or professional misconduct;
15        (2) Possessing cannabis:
16            (A) except as provided under Section 22-33 of the
17        School Code, in a school bus;
18            (B) except as provided under Section 22-33 of the
19        School Code, on the grounds of any preschool or
20        primary or secondary school;
21            (C) in any correctional facility;
22            (D) in a vehicle under Section 11-502.1 of the
23        Illinois Vehicle Code;

 

 

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1            (E) in a vehicle not open to the public unless the
2        medical cannabis is in a reasonably secured, sealed
3        container and reasonably inaccessible while the
4        vehicle is moving; or
5            (F) in a private residence that is used at any time
6        to provide licensed child care or other similar social
7        service care on the premises;
8        (3) Using cannabis:
9            (A) except as provided under Section 22-33 of the
10        School Code, in a school bus;
11            (B) except as provided under Section 22-33 of the
12        School Code, on the grounds of any preschool or
13        primary or secondary school;
14            (C) in any correctional facility;
15            (D) in any motor vehicle;
16            (E) in a private residence that is used at any time
17        to provide licensed child care or other similar social
18        service care on the premises;
19            (F) except as provided under Section 22-33 of the
20        School Code and Section 31 of this Act, in any public
21        place. "Public place" as used in this subsection means
22        any place where an individual could reasonably be
23        expected to be observed by others. A "public place"
24        includes all parts of buildings owned in whole or in
25        part, or leased, by the State or a local unit of
26        government. A "public place" does not include a

 

 

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1        private residence unless the private residence is used
2        to provide licensed child care, foster care, or other
3        similar social service care on the premises. For
4        purposes of this subsection, a "public place" does not
5        include a health care facility. For purposes of this
6        Section, a "health care facility" includes, but is not
7        limited to, hospitals, nursing homes, hospice care
8        centers, and long-term care facilities;
9            (G) except as provided under Section 22-33 of the
10        School Code and Section 31 of this Act, knowingly in
11        close physical proximity to anyone under the age of 18
12        years of age;
13        (4) Smoking medical cannabis in any public place where
14    an individual could reasonably be expected to be observed
15    by others, in a health care facility, or any other place
16    where smoking is prohibited under the Smoke Free Illinois
17    Act;
18        (5) Operating, navigating, or being in actual physical
19    control of any motor vehicle, aircraft, or motorboat while
20    using or under the influence of cannabis in violation of
21    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
22        (6) Using or possessing cannabis if that person does
23    not have a debilitating medical condition and is not a
24    registered qualifying patient or caregiver;
25        (7) Allowing any person who is not allowed to use
26    cannabis under this Act to use cannabis that a cardholder

 

 

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1    is allowed to possess under this Act;
2        (8) Transferring cannabis to any person contrary to
3    the provisions of this Act;
4        (9) The use of medical cannabis by an active duty law
5    enforcement officer, correctional officer, correctional
6    probation officer, or firefighter; or
7        (10) The use of medical cannabis by a person who has a
8    school bus permit or a Commercial Driver's License.
9    (b) Nothing in this Act shall be construed to prevent the
10arrest or prosecution of a registered qualifying patient for
11reckless driving or driving under the influence of cannabis
12where probable cause exists.
13    (c) Notwithstanding any other criminal penalties related
14to the unlawful possession of cannabis, knowingly making a
15misrepresentation to a law enforcement official of any fact or
16circumstance relating to the medical use of cannabis to avoid
17arrest or prosecution is a petty offense punishable by a fine
18of up to $1,000, which shall be in addition to any other
19penalties that may apply for making a false statement or for
20the use of cannabis other than use undertaken under this Act.
21    (d) Notwithstanding any other criminal penalties related
22to the unlawful possession of cannabis, any person who makes a
23misrepresentation of a medical condition to a certifying
24health care professional or fraudulently provides material
25misinformation to a certifying health care professional in
26order to obtain a written certification is guilty of a petty

 

 

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1offense punishable by a fine of up to $1,000.
2    (e) Any cardholder or registered caregiver who sells
3cannabis shall have his or her registry identification card
4revoked and is subject to other penalties for the unauthorized
5sale of cannabis.
6    (f) Any registered qualifying patient who commits a
7violation of Section 11-502.1 of the Illinois Vehicle Code or
8refuses a properly requested test related to operating a motor
9vehicle while under the influence of cannabis shall have his
10or her registry identification card revoked.
11    (g) No registered qualifying patient or designated
12caregiver shall knowingly obtain, seek to obtain, or possess,
13individually or collectively, an amount of usable cannabis
14from a registered medical cannabis dispensing organization
15that would cause him or her to exceed the authorized adequate
16supply under subsection (a) of Section 10.
17    (h) Nothing in this Act shall prevent a private business
18from restricting or prohibiting the medical use of cannabis on
19its property.
20    (i) Nothing in this Act shall prevent a university,
21college, or other institution of post-secondary education from
22restricting or prohibiting the use of medical cannabis on its
23property.
24(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19.)
 
25    (410 ILCS 130/31 new)

 

 

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1    Sec. 31. Administration to persons with disabilities in
2park district programs.
3    (a) Definitions. For purposes of this Section:
4        (1) "Park district" has the meaning as defined in
5    Section 1-3 of the Park District Code. "Park district"
6    includes the Chicago Park District as defined by the
7    Chicago Park District Act, any special recreational
8    association created by a park district through an
9    intergovernmental agreement, and any nonprofit
10    organization authorized by the park district or special
11    recreational association to administer a program for
12    persons with disabilities on its behalf.
13        (2) "Program participant" means a person with
14    disabilities who is a registered qualifying patient and
15    who participates in a summer camp, educational program, or
16    other similar program provided by a park district for
17    persons with disabilities.
18    (b) Subject to the restrictions under subsections (c)
19through (f) of this Section, a park district shall authorize a
20program participant's parent, guardian, or other designated
21caregiver to administer a medical cannabis infused product to
22the program participant on the premises of the park district
23if both the program participant and the parent, guardian, or
24other designated caregiver are cardholders. After
25administering the medical cannabis infused product, the
26parent, guardian, or other designated caregiver shall remove

 

 

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1the medical cannabis infused product from the premises of the
2park district.
3    (c) A parent, guardian, or other designated caregiver may
4not administer a medical cannabis infused product under this
5Section in a manner that, in the opinion of the park district,
6would create a disruption to the park district's program or
7activity for persons with disabilities or would cause exposure
8of the medical cannabis infused product to other program
9participants.
10    (d) A park district may not discipline a program
11participant who is administered a medical cannabis infused
12product by a parent, guardian, or other designated caregiver
13under this Section and may not deny the program participant's
14eligibility to attend the park district's program or activity
15for persons with disabilities solely because the program
16participant requires the administration of the medical
17cannabis infused product.
18    (e) Nothing in this Section requires a member of the park
19district's staff to administer a medical cannabis infused
20product to a program participant.
21    (f) A park district may not authorize the use of a medical
22cannabis infused product under this Section if the park
23district would lose federal funding as a result of the
24authorization.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.