Full Text of HB0407 94th General Assembly
HB0407ham001 94TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/9/2005
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| AMENDMENT TO HOUSE BILL 407
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| AMENDMENT NO. ______. Amend House Bill 407 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Medical Cannabis Act. | 6 |
| Section 5. Findings. | 7 |
| (a) Modern medical research has discovered beneficial uses | 8 |
| for cannabis in treating or alleviating the pain, nausea, and | 9 |
| other symptoms associated with certain debilitating medical | 10 |
| conditions, as found by the National Academy of Sciences' | 11 |
| Institute of Medicine in March 1999. | 12 |
| (b) According to the U.S. Sentencing Commission and the | 13 |
| Federal Bureau of Investigation, 99 out of every 100 cannabis | 14 |
| arrests in the U.S. are made under state law, rather than under | 15 |
| federal law. Consequently, changing state law will have the | 16 |
| practical effect of protecting from arrest the vast majority of | 17 |
| seriously ill people who have a medical need to use cannabis. | 18 |
| (c) Although federal law currently prohibits any use of | 19 |
| cannabis, the laws of Alaska, California, Colorado, Hawaii, | 20 |
| Maine, Montana, Nevada, Oregon, Vermont, and Washington permit | 21 |
| the medical use and cultivation of cannabis. Illinois joins in | 22 |
| this effort for the health and welfare of its citizens. | 23 |
| (d) States are not required to enforce federal law or | 24 |
| prosecute people for engaging in activities prohibited by |
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| federal law. Therefore, compliance with this Act does not put | 2 |
| the state of Illinois in violation of federal law. | 3 |
| (e) State law should make a distinction between the medical | 4 |
| and non-medical use of cannabis. Hence, the purpose of this Act | 5 |
| is to protect patients with debilitating medical conditions, | 6 |
| and their practitioners and primary caregivers, from arrest and | 7 |
| prosecution, criminal and other penalties, and property | 8 |
| forfeiture if such patients engage in the medical use of | 9 |
| cannabis. | 10 |
| (f) The people of the State of Illinois declare that they | 11 |
| enact this Act pursuant to the police power to protect the | 12 |
| health of its citizens that is reserved to the State of | 13 |
| Illinois and its people under the Tenth Amendment to the United | 14 |
| States Constitution. | 15 |
| Section 10. Definitions. The following terms, as used in | 16 |
| this Act, shall have the meanings set forth in this Section: | 17 |
| "Debilitating medical condition" means: | 18 |
| (1) cancer, glaucoma, positive status for human | 19 |
| immunodeficiency virus, acquired immune deficiency | 20 |
| syndrome, or Hepatitis C; | 21 |
| (2) a chronic or debilitating disease or medical | 22 |
| condition that produces one or more of the following: | 23 |
| cachexia or wasting syndrome; severe or chronic pain; | 24 |
| severe nausea; seizures, including but not limited to those | 25 |
| characteristic of epilepsy; or severe and persistent | 26 |
| muscle spasms, including but not limited to those | 27 |
| characteristic of multiple sclerosis and Crohn's disease; | 28 |
| agitation of Alzheimer's disease; or | 29 |
| (3) any other medical condition approved by the | 30 |
| Department, as provided for in subsection (a) of Section | 31 |
| 20. | 32 |
| "Department" means the Department of Human Services. | 33 |
| "Cannabis" has the meaning given that term in Section 3 of |
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| the Cannabis Control Act. | 2 |
| "Medical use" means the acquisition, possession, | 3 |
| cultivation, manufacture, use, delivery, transfer, or | 4 |
| transportation of cannabis or paraphernalia relating to the | 5 |
| consumption of cannabis to alleviate a registered qualifying | 6 |
| patient's debilitating medical condition or symptoms | 7 |
| associated with the medical condition. | 8 |
| "Practitioner" means a physician licensed to practice | 9 |
| medicine in all its branches, an advanced practice nurse who | 10 |
| has a written collaborative agreement with the physician that | 11 |
| authorizes the provision of written certifications under this | 12 |
| Act, or a physician assistant who has been delegated the | 13 |
| authority to provide written certifications under this Act. | 14 |
| "Primary caregiver" means a person who is at least 18 years | 15 |
| old and who has agreed to assist with a person's medical use of | 16 |
| cannabis. A primary caregiver may assist no more than 5 | 17 |
| qualifying patients with their medical use of cannabis. | 18 |
| "Qualifying patient" means a person who has been diagnosed | 19 |
| by a practitioner as having a debilitating medical condition. | 20 |
| "Registry identification card" means a document issued by | 21 |
| the Department that identifies a person as a qualifying patient | 22 |
| or primary caregiver. | 23 |
| "Usable cannabis" means the dried leaves and flowers of the | 24 |
| cannabis plant, and any mixture or preparation thereof, but | 25 |
| does not include the seeds, stalks, and roots of the plant. | 26 |
| "Written certification" means the qualifying patient's | 27 |
| medical records, or a statement signed by a practitioner, | 28 |
| stating that in the practitioner's professional opinion the | 29 |
| potential benefits of the medical use of cannabis would likely | 30 |
| outweigh the health risks for the qualifying patient. A written | 31 |
| certification shall only be made in the course of a bona fide | 32 |
| practitioner-patient relationship after the practitioner has | 33 |
| completed a full assessment of the qualifying patient's medical | 34 |
| history. The written certification shall specify the |
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| qualifying patient's debilitating medical condition or | 2 |
| conditions. | 3 |
| Section 15. Protections for the medical use of cannabis. | 4 |
| (a) A qualifying patient who has in his or her possession a | 5 |
| registry identification card shall not be subject to arrest, | 6 |
| prosecution, or penalty in any manner, or denied any right or | 7 |
| privilege, including but not limited to civil penalty or | 8 |
| disciplinary action by a business or occupational or | 9 |
| professional licensing board or bureau, for the medical use of | 10 |
| cannabis, provided that the qualifying patient possesses an | 11 |
| amount of cannabis that does not exceed 12 cannabis plants and | 12 |
| two and one-half ounces of usable cannabis. | 13 |
| (b) A primary caregiver who has in his or her possession a | 14 |
| registry identification card shall not be subject to arrest, | 15 |
| prosecution, or penalty in any manner, or denied any right or | 16 |
| privilege, including but not limited to civil penalty or | 17 |
| disciplinary action by a business or occupational or | 18 |
| professional licensing board or bureau, for assisting a | 19 |
| qualifying patient to whom he or she is connected through the | 20 |
| Department's registration process with the medical use of | 21 |
| cannabis, provided that the primary caregiver possesses an | 22 |
| amount of cannabis that does not exceed 12 cannabis plants and | 23 |
| two and one-half ounces of usable cannabis for each qualifying | 24 |
| patient to whom he or she is connected through the Department's | 25 |
| registration process. | 26 |
| (c) No school, employer, or landlord may refuse to enroll, | 27 |
| employ, lease to, or otherwise penalize a person solely for his | 28 |
| or her status as a registered qualifying patient or a | 29 |
| registered primary caregiver. | 30 |
| (d) There shall exist a presumption that a qualifying | 31 |
| patient or primary caregiver is engaged in the medical use of | 32 |
| cannabis if the qualifying patient or primary caregiver: | 33 |
| (1) is in possession of a registry identification card; |
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| and | 2 |
| (2) is in possession of an amount of cannabis that does | 3 |
| not exceed the amount permitted under this Act. Such | 4 |
| presumption may be rebutted by evidence that conduct | 5 |
| related to cannabis was not for the purpose of alleviating | 6 |
| the qualifying patient's debilitating medical condition or | 7 |
| symptoms associated with the medical condition. | 8 |
| (e) A primary caregiver may receive reimbursement for costs | 9 |
| associated with assisting with a registered qualifying | 10 |
| patient's medical use of cannabis. Compensation shall not | 11 |
| constitute sale of controlled substances. | 12 |
| (f) A practitioner shall not be subject to arrest, | 13 |
| prosecution, or penalty in any manner, or denied any right or | 14 |
| privilege, including but not limited to civil penalty or | 15 |
| disciplinary action by the Medical Disciplinary Board or by a | 16 |
| another business or occupational or professional licensing | 17 |
| board or bureau
solely for providing written certifications or | 18 |
| for otherwise stating that, in the practitioner's professional | 19 |
| opinion, the potential benefits of the medical cannabis would | 20 |
| likely outweigh the health risks for a patient.
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| Any interest in or right to property that is possessed, | 22 |
| owned, or used in connection with the medical use of cannabis, | 23 |
| or acts incidental to such use, shall not be forfeited. | 24 |
| (g) No person shall be subject to arrest or prosecution for | 25 |
| constructive possession, conspiracy, aiding and abetting, | 26 |
| being an accessory, or any other offense for simply being in | 27 |
| the presence or vicinity of the medical use of cannabis as | 28 |
| permitted under this Act or for assisting a registered | 29 |
| qualifying patient with using or administering cannabis. | 30 |
| (h) A registry identification card, or its equivalent, | 31 |
| issued under the laws of another state, U.S. territory, or the | 32 |
| District of Columbia to permit the medical use of cannabis by a | 33 |
| qualifying patient, or to permit a person to assist with a | 34 |
| qualifying patient's medical use of cannabis, shall have the |
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| same force and effect as a registry identification card issued | 2 |
| by the Department. | 3 |
| Section 20. Department to adopt rules. | 4 |
| (a) Not later than 90 days after the effective date of this | 5 |
| Act, the Department shall adopt rules governing the manner in | 6 |
| which it shall consider petitions from the public to add | 7 |
| debilitating medical conditions to those included in this Act. | 8 |
| In considering such petitions, the Department shall include | 9 |
| public notice of, and an opportunity to comment in a public | 10 |
| hearing upon, such petitions. The Department shall, after | 11 |
| hearing, approve or deny such petitions within 180 days after | 12 |
| submission. The approval or denial of such a petition shall be | 13 |
| considered a final Department action, subject to judicial | 14 |
| review. Jurisdiction and venue for judicial review are vested | 15 |
| in the circuit court. The denial of a petition shall not | 16 |
| disqualify qualifying patients with that condition if they have | 17 |
| a debilitating medical condition. The denial of a petition | 18 |
| shall not prevent a person with the denied condition from | 19 |
| raising an affirmative defense. | 20 |
| (b) Not later than 90 days after the effective date of this | 21 |
| Act, the Department shall adopt rules governing the manner in | 22 |
| which it shall consider applications for and renewals of | 23 |
| registry identification cards for qualifying patients and | 24 |
| primary caregivers. The Department's rules shall establish | 25 |
| application and renewal fees that generate revenues sufficient | 26 |
| to offset all expenses of implementing and administering this | 27 |
| Act. The Department may vary the application and renewal fees | 28 |
| along a sliding scale that accounts for a qualifying patient's | 29 |
| income. The Department may accept donations from private | 30 |
| sources in order to reduce the application and renewal fees. | 31 |
| Section 25. Administering the Department's rules. | 32 |
| (a) The Department shall issue registry identification |
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| cards to qualifying patients who submit the following, in | 2 |
| accordance with the Department's rules: | 3 |
| (1) written certification; | 4 |
| (2) application or renewal fee; | 5 |
| (3) name, address, and date of birth of the qualifying | 6 |
| patient, except that if the applicant is homeless, no | 7 |
| address is required; | 8 |
| (4) name, address, and telephone number of the | 9 |
| qualifying patient's practitioner; and | 10 |
| (5) name, address, and date of birth of each primary | 11 |
| caregiver of qualifying patient, if any. | 12 |
| (b) The Department shall not issue a registry | 13 |
| identification card to a qualifying patient under the age of 18 | 14 |
| unless: | 15 |
| (1) The qualifying patient's practitioner has | 16 |
| explained the potential risks and benefits of the medical | 17 |
| use of cannabis to the qualifying patient and to a parent, | 18 |
| guardian, or person having legal custody of the qualifying | 19 |
| patient; and | 20 |
| (2) A parent, guardian, or person having legal custody | 21 |
| consents in writing to: | 22 |
| (A) allow the qualifying patient's medical use of | 23 |
| cannabis; | 24 |
| (B) serve as one of the qualifying patient's | 25 |
| primary caregivers; and | 26 |
| (C) control the acquisition of the cannabis, the | 27 |
| dosage, and the frequency of the medical use of | 28 |
| cannabis by the qualifying patient. | 29 |
| (c) The Department shall verify the information contained | 30 |
| in an application or renewal submitted pursuant to this | 31 |
| Section, and shall approve or deny an application or renewal | 32 |
| within 15 days of receiving it. The Department may deny an | 33 |
| application or renewal only if the applicant did not provide | 34 |
| the information required pursuant to this Section, or if the |
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| Department determines that the information provided was | 2 |
| falsified. Rejection of an application or renewal is considered | 3 |
| a final Department action, subject to judicial review under the | 4 |
| Administrative Review Law. Jurisdiction and venue for judicial | 5 |
| review are vested in the circuit court. | 6 |
| (d) The Department shall issue a registry identification | 7 |
| card to each primary caregiver, if any, who is named in a | 8 |
| qualifying patient's approved application, up to a maximum of 2 | 9 |
| primary caregivers per qualifying patient. | 10 |
| (e) The Department shall issue registry identification | 11 |
| cards within 5 days of approving an application or renewal, | 12 |
| which shall expire one year after the date of issuance. | 13 |
| Registry identification cards shall contain: | 14 |
| (1) the name, address, and date of birth of the | 15 |
| qualifying patient; | 16 |
| (2) the name, address, and date of birth of each | 17 |
| primary caregiver of the qualifying patient, if any; | 18 |
| (3) the date of issuance and expiration date of the | 19 |
| registry identification card; | 20 |
| (4) a unique random registry identification number; | 21 |
| and | 22 |
| (5) a photograph taken by the Department or in the | 23 |
| presence of the practitioner in a manner determined by the | 24 |
| Department. | 25 |
| (f)(1) A qualifying patient who has been issued a | 26 |
| registry identification card shall notify the Department | 27 |
| of any change in the qualifying patient's name, address, or | 28 |
| primary caregiver, or if the qualifying patient ceases to | 29 |
| have his or her debilitating medical condition, within 10 | 30 |
| days of such change. | 31 |
| (2) A registered qualifying patient who fails to notify | 32 |
| the Department of any of these changes is responsible for a | 33 |
| civil infraction, punishable by a fine of no more than | 34 |
| $150. If the person has ceased to suffer from a |
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| debilitating medical condition, the card shall be deemed | 2 |
| null and void and the person shall be liable for any other | 3 |
| penalties that may apply to the person's non-medical use of | 4 |
| cannabis. | 5 |
| (3) A registered primary caregiver shall notify the | 6 |
| Department of any change in his or her name or address | 7 |
| within 10 days of such change. A primary caregiver who | 8 |
| fails to notify the Department of any of these changes is | 9 |
| responsible for a civil infraction, punishable by a fine of | 10 |
| no more than $150. | 11 |
| (4) When a qualifying patient or primary caregiver | 12 |
| notifies the Department of any changes listed in this | 13 |
| subsection (f), the Department shall issue the registered | 14 |
| qualifying patient and each primary caregiver a new | 15 |
| registry identification card within 10 days of receiving | 16 |
| the updated information and a $10 fee. | 17 |
| (5) When a qualifying patient who possesses a registry | 18 |
| identification card changes his or her primary caregiver, | 19 |
| the Department shall notify the primary caregiver within 10 | 20 |
| days. The primary caregiver's protections as provided in | 21 |
| this Act shall expire 10 days after notification by the | 22 |
| Department. | 23 |
| (6) If a registered qualifying patient or a primary | 24 |
| caregiver loses his or her registry identification card, he | 25 |
| or she shall notify the Department and submit a $10 fee | 26 |
| within 10 days of losing the card. Within 5 days, the | 27 |
| Department shall issue a new registry identification card | 28 |
| with a new random identification number. | 29 |
| (g) Possession of, or application for, a registry | 30 |
| identification card does not constitute probable cause or | 31 |
| reasonable suspicion, nor may it be used to support the search | 32 |
| of the person or property of the person possessing or applying | 33 |
| for the registry identification card, or otherwise subject the | 34 |
| person or property of the person to inspection by any |
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| governmental agency. | 2 |
| (h)(1) Applications and supporting information | 3 |
| submitted by qualifying patients, including information | 4 |
| regarding their primary caregivers and practitioners, are | 5 |
| confidential and protected under the federal Health | 6 |
| Insurance Portability and Accountability Act of 1996 and | 7 |
| when applicable, the AIDS Confidentiality Act. | 8 |
| (2) The Department shall maintain a confidential list | 9 |
| of the
persons to whom the Department has issued registry | 10 |
| identification cards. Individual names and other | 11 |
| identifying information on the list shall be confidential, | 12 |
| exempt from the Freedom of Information Act, and not subject | 13 |
| to disclosure, except to authorized employees of the | 14 |
| Department as necessary to perform official duties of the | 15 |
| Department.
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| (3) The Department shall make available to law | 17 |
| enforcement personnel a secure website whereby law | 18 |
| enforcement can determine whether a registry | 19 |
| identification card is valid solely by entering the random | 20 |
| identification number. The secure website shall return | 21 |
| data as it appears on the registry identification card, | 22 |
| which includes the digital photo used on the card, name, | 23 |
| address, and date of birth. | 24 |
| (4) It is a Class B misdemeanor for any person, | 25 |
| including an employee or official of the Department or | 26 |
| another State agency or local government, to breach the | 27 |
| confidentiality of information obtained pursuant to this | 28 |
| Act. Notwithstanding this provision, the Department | 29 |
| employees may notify law enforcement about falsified or | 30 |
| fraudulent information submitted to the Department. | 31 |
| (i) The Department shall report annually to the General | 32 |
| Assembly on the number of applications for registry | 33 |
| identification cards, the number of qualifying patients and | 34 |
| primary caregivers approved, the nature of the debilitating |
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| medical conditions of the qualifying patients, the number of | 2 |
| registry identification cards revoked, and the number of | 3 |
| practitioners providing written certification for qualifying | 4 |
| patients. The Department shall not provide any identifying | 5 |
| information of qualifying patients, primary caregivers, or | 6 |
| practitioners. | 7 |
| Section 30. Scope of Act. | 8 |
| (a) This Act does not permit: | 9 |
| (1) any person to undertake any task under the | 10 |
| influence of cannabis, when doing so would constitute | 11 |
| negligence or professional malpractice; | 12 |
| (2) the smoking of cannabis: | 13 |
| (A) in a school bus or other form of public | 14 |
| transportation; | 15 |
| (B) on any school grounds; | 16 |
| (C) in any correctional facility; or | 17 |
| (D) in any public place; and | 18 |
| (3) any person to operate, navigate, or be in actual | 19 |
| physical control of any motor vehicle, aircraft, or | 20 |
| motorboat while under the influence of cannabis. However, a | 21 |
| registered qualifying patient may not be considered to be | 22 |
| under the influence solely for having cannabis metabolites | 23 |
| in his or her system. | 24 |
| (b) Nothing in this Act shall be construed to require: | 25 |
| (1) a government medical assistance program or private | 26 |
| health insurer to reimburse a person for costs associated | 27 |
| with the medical use of cannabis; or | 28 |
| (2) an employer to accommodate the medical use of | 29 |
| cannabis in any workplace. | 30 |
| (c) Fraudulent representation to a law enforcement | 31 |
| official of any fact or circumstance relating to the medical | 32 |
| use of cannabis to avoid arrest or prosecution is a petty | 33 |
| offense punishable by a fine of $500, in addition to any other |
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| penalties that may apply for making a false statement and for | 2 |
| the non-medical use of cannabis. | 3 |
| Section 35. Affirmative defense and dismissal for medical | 4 |
| cannabis. | 5 |
| (a) Except as provided in Section 30, a person and a | 6 |
| person's primary caregiver, if any, may assert the medical | 7 |
| purpose for using cannabis as a defense to any prosecution | 8 |
| involving cannabis, and such defense shall be presumed valid | 9 |
| where the evidence shows that: | 10 |
| (1) the person's medical records indicate, or a | 11 |
| practitioner has stated that, in the practitioner's | 12 |
| professional opinion, after having completed a full | 13 |
| assessment of the person's medical history and current | 14 |
| medical condition made in the course of a bona fide | 15 |
| practitioner-patient relationship, the potential benefits | 16 |
| of using cannabis for medical purposes would likely | 17 |
| outweigh the health risks for the person; and | 18 |
| (2) the person and the person's primary caregiver, if | 19 |
| any, were collectively in possession of a quantity of | 20 |
| cannabis that was not more than was reasonably necessary to | 21 |
| ensure the uninterrupted availability of cannabis for the | 22 |
| purpose of alleviating the person's medical condition or | 23 |
| symptoms associated with the medical condition. | 24 |
| (b) A person may assert the medical purpose for using | 25 |
| cannabis in a motion to dismiss, and the charges shall be | 26 |
| dismissed following an evidentiary hearing where the defendant | 27 |
| shows the elements listed in subsection (a) of this Section. | 28 |
| (c) Any interest in or right to property that was | 29 |
| possessed, owned, or used in connection with a person's use of | 30 |
| cannabis for medical purposes shall not be forfeited if the | 31 |
| person or the person's primary caregiver demonstrates the | 32 |
| person's medical purpose for using cannabis pursuant to this | 33 |
| Section. |
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| Section 40. Enforcement of this Act. | 2 |
| (a) Within 30 days after the effective date of this Act, | 3 |
| the Department shall adopt emergency rules to implement this | 4 |
| Act. Within 6 months after the effective date of this Act, a | 5 |
| task force consisting of the Directors or their designees of | 6 |
| the Departments of Public Health and State Police and the | 7 |
| Secretary of Human Services or his or her designee; 2 members | 8 |
| of the House of Representatives appointed by the Speaker of the | 9 |
| House of Representatives; 2 members of the Senate appointed by | 10 |
| the President of the Senate; one member of the House of | 11 |
| Representatives appointed by the House Minority Leader; and one | 12 |
| member of the Senate appointed by the Senate Minority Leader | 13 |
| shall act to implement permanent rules. In addition the Speaker | 14 |
| and the President shall appoint one person each involved in | 15 |
| patient services or advocacy. If the Department fails to adopt | 16 |
| rules to implement this Act within 240 days after the effective | 17 |
| date of this Act, a qualifying patient may commence an action | 18 |
| in a court of competent jurisdiction to compel the Department | 19 |
| to perform the actions mandated pursuant to the provisions of | 20 |
| this Act. | 21 |
| (b) If the Department fails to issue a valid registry | 22 |
| identification card in response to a valid application | 23 |
| submitted pursuant to this Act within 20 days of its | 24 |
| submission, the registry identification card shall be deemed | 25 |
| granted and a copy of the registry identification application | 26 |
| shall be deemed a valid registry identification card. | 27 |
| Section 45. Non-profit dispensaries. | 28 |
| (a) "Registered organization" means a non-profit entity | 29 |
| registered with the State under this Act that acquires, | 30 |
| possesses, cultivates, manufactures, delivers, transfers, | 31 |
| transports, supplies, or dispenses cannabis, cultivation | 32 |
| equipment, related supplies and educational materials, or |
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| cannabis seeds to registered qualifying patients and their | 2 |
| primary caregivers. A registered organization is a primary | 3 |
| caregiver, although it may supply cannabis to any number of | 4 |
| registered qualifying patients who have designated it as one of | 5 |
| their primary caregivers. | 6 |
| (b)(1) The Department shall issue a registered | 7 |
| organization license within 20 days to any person who | 8 |
| complies with Department rules and provides the following: | 9 |
| (A) a fee paid to the Department in the amount | 10 |
| established by the Department, which shall not exceed | 11 |
| $1,000; | 12 |
| (B) the name of the registered organization; | 13 |
| (C) the physical addresses of the registered | 14 |
| organization and any other real property where | 15 |
| cannabis is to be possessed, cultivated, manufactured, | 16 |
| supplied, or dispensed relating to the operations of | 17 |
| the registered organization; and | 18 |
| (D) the name, address, date of birth, and | 19 |
| photograph of any person who is an agent of or employed | 20 |
| by the registered organization. | 21 |
| (2) The Department shall issue each agent and employee | 22 |
| of a registered organization a registry identification | 23 |
| card for a cost of $10 each within 10 days of receipt of | 24 |
| the person's identifying information and the fee. Each card | 25 |
| shall specify that the cardholder is an employee or agent | 26 |
| of a registered organization. | 27 |
| (3) Each license for a registered organization and each | 28 |
| employee or agent registry identification card shall | 29 |
| expire one year after the date of issuance. | 30 |
| (4) Not later than 90 days after the effective date of | 31 |
| this Act, the Department shall promulgate rules to | 32 |
| implement this Section, including the following: | 33 |
| (A) procedures for the oversight of registered | 34 |
| organizations, record-keeping and reporting |
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| requirements for registered organizations, the | 2 |
| potential transference or sale of seized cultivation | 3 |
| equipment and related supplies from law enforcement | 4 |
| agencies to registered organizations, and procedures | 5 |
| for suspending or terminating the registration of | 6 |
| registered organizations; and | 7 |
| (B) the form and content of the registration and | 8 |
| renewal applications. | 9 |
| (c) Registered organizations shall be subject to | 10 |
| reasonable inspection by the Department to determine that | 11 |
| applicable rules are being followed. Reasonable notice shall be | 12 |
| given prior to these inspections. | 13 |
| (d) (1) Registered organizations shall be established | 14 |
| as nonprofit entities. They shall be subject to all | 15 |
| applicable State laws governing nonprofit entities, but | 16 |
| need not be recognized as a 501(c)(3) organization by the | 17 |
| Internal Revenue Service; | 18 |
| (2) Registered organizations may not be located within | 19 |
| 500 feet of the property line of a public school, private | 20 |
| school, or structure used primarily for religious services | 21 |
| or worship. | 22 |
| (3) The operating documents of a registered | 23 |
| organization shall include procedures for the oversight of | 24 |
| the registered organization and procedures to ensure | 25 |
| adequate record-keeping. | 26 |
| (e)(1) A registered organization shall notify the | 27 |
| Department within 10 days of when an employee or agent | 28 |
| ceases to work at the registered organization. | 29 |
| (2) The registered organization shall notify the | 30 |
| Department before a new agent or employee begins working at | 31 |
| the registered organization, in writing, and it shall | 32 |
| submit a $10 fee for that person's registry identification | 33 |
| card. | 34 |
| (f)(1) No registered organization shall be subject to |
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| prosecution, search, seizure, or penalty in any manner, or | 2 |
| denied any right or privilege, including but not limited to | 3 |
| civil penalty or disciplinary action by a business or | 4 |
| occupational or professional licensing board or bureau for | 5 |
| acting in accordance with this Act and the rules issued | 6 |
| pursuant to this Act to assist registered qualifying | 7 |
| patients to whom it is connected through the Department's | 8 |
| registration process with the medical use of cannabis, | 9 |
| provided that the registered organization possesses an | 10 |
| amount of cannabis which does not exceed 12 cannabis plants | 11 |
| and two and one-half ounces of usable cannabis for each | 12 |
| registered qualifying patient. | 13 |
| (2) No employees, agents, or board members of a | 14 |
| registered organization shall be subject to arrest, | 15 |
| prosecution, search, seizure, or penalty in any manner, or | 16 |
| denied any right or privilege, including but not limited to | 17 |
| civil penalty or disciplinary action by a business or | 18 |
| occupational or professional licensing board or bureau for | 19 |
| working for a registered organization in accordance with | 20 |
| this Act. | 21 |
| (3) Applications and supporting information submitted | 22 |
| by registered organizations, including licenses and | 23 |
| information regarding their patients, primary caregivers, | 24 |
| agents and employees of the organization are confidential | 25 |
| and when applicable protected under the federal Health | 26 |
| Insurance Portability and Accountability Act of 1996 and | 27 |
| the AIDS Confidentiality Act. | 28 |
| (g) The registered organization is prohibited from: | 29 |
| (1) obtaining cannabis from outside the State in | 30 |
| violation of federal law; | 31 |
| (2) acquiring, possessing, cultivating, manufacturing, | 32 |
| delivering, transferring, transporting, supplying, or | 33 |
| dispensing cannabis for any purpose except to assist | 34 |
| registered qualifying patients with their medical use of |
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| cannabis directly or through the qualifying patients' | 2 |
| other primary caregivers. | 3 |
| (h) Except as provided in this Act, a municipality may not | 4 |
| prevent a registered organization from operating in accordance | 5 |
| with this Act in an area where zoning permits retail | 6 |
| businesses. This subsection (h) is a limitation under | 7 |
| subsection (i) of Section 6 of Article VII of the Illinois | 8 |
| Constitution on the concurrent exercise by home rule units of | 9 |
| powers and functions exercised by the State. | 10 |
| (i) If provisions of this Act establishing registered | 11 |
| organization are enjoined or declared unconstitutional, then | 12 |
| enforcing laws against delivery of cannabis for consideration | 13 |
| to registered qualifying patients shall be the lowest priority | 14 |
| of law enforcement. | 15 |
| Section 50. Application. In the event of a conflict between | 16 |
| this Act and the Cannabis Control Act, the provisions of this | 17 |
| Act shall control. | 18 |
| Section 105. The Cannabis Control Act is amended by | 19 |
| changing Section 11 as follows:
| 20 |
| (720 ILCS 550/11) (from Ch. 56 1/2, par. 711)
| 21 |
| Sec. 11. Authorization for use of cannabis for medical | 22 |
| purposes.
| 23 |
| The Department may authorize the possession, production, | 24 |
| manufacture, and delivery of substances containing cannabis in | 25 |
| accordance with the Medical Cannabis Act.
| 26 |
| (a) The Department, with the written approval of the
Department | 27 |
| of State Police, may authorize the possession,
production,
| 28 |
| manufacture and delivery of substances containing cannabis by | 29 |
| persons
engaged in research and when such authorization is | 30 |
| requested by a
physician licensed to practice medicine in all | 31 |
| its branches, such
authorization shall issue without |
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| unnecessary delay where the Department
finds that such | 2 |
| physician licensed to practice medicine in all its
branches has | 3 |
| certified that such possession, production, manufacture or
| 4 |
| delivery of such substance is necessary for the treatment of | 5 |
| glaucoma,
the side effects of chemotherapy or radiation therapy | 6 |
| in cancer patients or such other
procedure certified to be | 7 |
| medically necessary; such authorization shall
be, upon such | 8 |
| terms and conditions as may be consistent with the public
| 9 |
| health and safety. To the extent of the applicable | 10 |
| authorization,
persons are exempt from prosecution in this | 11 |
| State for possession,
production, manufacture or delivery of | 12 |
| cannabis.
| 13 |
| (b) Persons registered under Federal law to conduct | 14 |
| research with
cannabis may conduct research with cannabis | 15 |
| including, but not limited
to treatment by a physician licensed | 16 |
| to practice medicine in all its
branches for glaucoma, the side | 17 |
| effects of chemotherapy or radiation therapy
in cancer
patients | 18 |
| or such other procedure which is medically necessary within
| 19 |
| this State upon furnishing evidence of that Federal | 20 |
| registration and
notification of the scope and purpose of such | 21 |
| research to the Department
and to the Department of State | 22 |
| Police of that Federal
registration.
| 23 |
| (c) Persons authorized to engage in research may be | 24 |
| authorized by
the Department to protect the privacy of | 25 |
| individuals who are the
subjects of such research by | 26 |
| withholding from all persons not connected
with the conduct of | 27 |
| the research the names and other identifying
characteristics of | 28 |
| such individuals. Persons who are given this
authorization | 29 |
| shall not be compelled in any civil, criminal,
administrative, | 30 |
| legislative or other proceeding to identify the
individuals who | 31 |
| are the subjects of research for which the authorization
was | 32 |
| granted, except to the extent necessary to permit the | 33 |
| Department to
determine whether the research is being conducted | 34 |
| in accordance with the
authorization.
|
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| 1 |
| (Source: P.A. 84-25.)
| 2 |
| Section 110. Severability. The provisions of this Act are | 3 |
| severable under Section 1.31 of the Statute on Statutes.
| 4 |
| Section 999. Effective date. This Act takes effect upon | 5 |
| becoming law.".
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