SB2568 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2568

 

Introduced 1/20/2006, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 550/11   from Ch. 56 1/2, par. 711

    Creates the Medical Cannabis 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 two and one-half ounces of usable cannabis. Provides that a person who possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for the medical use of cannabis; provided that the qualifying patient or primary caregiver possesses an amount of cannabis that does not exceed 12 cannabis plants and two and one-half ounces of usable cannabis. Provides that within 30 days after the effective date of the Act, the Department shall adopt emergency rules to implement the Act. Creates a task force to implement permanent rules. Provides that if the Department fails to adopt rules to implement the Act within 6 months after the effective date of the Act, 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 the Act. Provides that a municipality may not prevent a registered organization from operating in accordance with the Act in an area where zoning permits retail businesses. Provides that this provision is a limitation on home rule powers. Provides that if there is a conflict between the Medical Cannabis Act and the Cannabis Control Act, the provisions of the Medical Cannabis Act control. Amends the Cannabis Control Act to make conforming changes consistent with the Medical Cannabis Act. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning medical cannabis.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     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, Rhode Island, Vermont, and
21 Washington permit the medical use and cultivation of cannabis.
22 Illinois joins in this effort for the health and welfare of its
23 citizens.
24     (d) States are not required to enforce federal law or
25 prosecute people for engaging in activities prohibited by
26 federal law. Therefore, compliance with this Act does not put
27 the state of Illinois in violation of federal law.
28     (e) State law should make a distinction between the medical
29 and non-medical use of cannabis. Hence, the purpose of this Act
30 is to protect patients with debilitating medical conditions,
31 and their practitioners and primary caregivers, from arrest and
32 prosecution, criminal and other penalties, and property

 

 

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1 forfeiture if such patients engage in the medical use of
2 cannabis.
3     (f) The people of the State of Illinois declare that they
4 enact this Act pursuant to the police power to protect the
5 health of its citizens that is reserved to the State of
6 Illinois and its people under the Tenth Amendment to the United
7 States Constitution.
 
8     Section 10. Definitions. The following terms, as used in
9 this Act, shall have the meanings set forth in this Section:
10     "Debilitating medical condition" means:
11         (1) cancer, glaucoma, positive status for human
12     immunodeficiency virus, acquired immune deficiency
13     syndrome, or Hepatitis C;
14         (2) a chronic or debilitating disease or medical
15     condition that produces one or more of the following:
16     cachexia or wasting syndrome; severe or chronic pain;
17     severe nausea; seizures, including but not limited to those
18     characteristic of epilepsy; or severe and persistent
19     muscle spasms, including but not limited to those
20     characteristic of multiple sclerosis and Crohn's disease;
21     agitation of Alzheimer's disease; or
22         (3) any other medical condition approved by the
23     Department, as provided for in subsection (a) of Section
24     20.
25     "Department" means the Department of Public Health.
26     "Cannabis" has the meaning given that term in Section 3 of
27 the Cannabis Control Act.
28     "Medical use" means the acquisition, possession,
29 cultivation, manufacture, use, delivery, transfer, or
30 transportation of cannabis or paraphernalia relating to the
31 consumption of cannabis to alleviate a registered qualifying
32 patient's debilitating medical condition or symptoms
33 associated with the medical condition.
34     "Practitioner" means a physician licensed to practice
35 medicine in all its branches, an advanced practice nurse who

 

 

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1 has a written collaborative agreement with the physician that
2 authorizes the provision of written certifications under this
3 Act, or a physician assistant who has been delegated the
4 authority to provide written certifications under this Act.
5     "Primary caregiver" means a person who is at least 18 years
6 old and who has agreed to assist with a person's medical use of
7 cannabis. A primary caregiver may assist no more than 5
8 qualifying patients with their medical use of cannabis.
9     "Qualifying patient" means a person who has been diagnosed
10 by a practitioner as having a debilitating medical condition.
11     "Registry identification card" means a document issued by
12 the Department that identifies a person as a qualifying patient
13 or primary caregiver.
14     "Usable cannabis" means the dried leaves and flowers of the
15 cannabis plant, and any mixture or preparation thereof, but
16 does not include the seeds, stalks, and roots of the plant.
17     "Written certification" means the qualifying patient's
18 medical records, or a statement signed by a practitioner,
19 stating that in the practitioner's professional opinion the
20 potential benefits of the medical use of cannabis would likely
21 outweigh the health risks for the qualifying patient. A written
22 certification shall only be made in the course of a bona fide
23 practitioner-patient relationship after the practitioner has
24 completed a full assessment of the qualifying patient's medical
25 history. The written certification shall specify the
26 qualifying patient's debilitating medical condition or
27 conditions.
 
28     Section 15. Protections for the medical use of cannabis.
29     (a) A qualifying patient who has in his or her possession a
30 registry identification card shall not be subject to arrest,
31 prosecution, or penalty in any manner, or denied any right or
32 privilege, including but not limited to civil penalty or
33 disciplinary action by a business or occupational or
34 professional licensing board or bureau, for the medical use of
35 cannabis, provided that the qualifying patient possesses an

 

 

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1 amount of cannabis that does not exceed 12 cannabis plants and
2 two and one-half ounces of usable cannabis.
3     (b) A primary caregiver who has in his or her possession a
4 registry identification card shall not be subject to arrest,
5 prosecution, or penalty in any manner, or denied any right or
6 privilege, including but not limited to civil penalty or
7 disciplinary action by a business or occupational or
8 professional licensing board or bureau, for assisting a
9 qualifying patient to whom he or she is connected through the
10 Department's registration process with the medical use of
11 cannabis, provided that the primary caregiver possesses an
12 amount of cannabis that does not exceed 12 cannabis plants and
13 two and one-half ounces of usable cannabis for each qualifying
14 patient to whom he or she is connected through the Department's
15 registration process.
16     (c) No school, employer, or landlord may refuse to enroll,
17 employ, lease to, or otherwise penalize a person solely for his
18 or her status as a registered qualifying patient or a
19 registered primary caregiver.
20     (d) There shall exist a presumption that a qualifying
21 patient or primary caregiver is engaged in the medical use of
22 cannabis if the qualifying patient or primary caregiver:
23         (1) is in possession of a registry identification card;
24     and
25         (2) is in possession of an amount of cannabis that does
26     not exceed the amount permitted under this Act. Such
27     presumption may be rebutted by evidence that conduct
28     related to cannabis was not for the purpose of alleviating
29     the qualifying patient's debilitating medical condition or
30     symptoms associated with the medical condition.
31     (e) A primary caregiver may receive reimbursement for costs
32 associated with assisting with a registered qualifying
33 patient's medical use of cannabis. Compensation shall not
34 constitute sale of controlled substances.
35     (f) A practitioner shall not be subject to arrest,
36 prosecution, or penalty in any manner, or denied any right or

 

 

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1 privilege, including but not limited to civil penalty or
2 disciplinary action by the Medical Disciplinary Board or by a
3 another business or occupational or professional licensing
4 board or bureau solely for providing written certifications or
5 for otherwise stating that, in the practitioner's professional
6 opinion, the potential benefits of the medical cannabis would
7 likely outweigh the health risks for a patient.
8     Any interest in or right to property that is possessed,
9 owned, or used in connection with the medical use of cannabis,
10 or acts incidental to such use, shall not be forfeited.
11     (g) No person shall be subject to arrest or prosecution for
12 constructive possession, conspiracy, aiding and abetting,
13 being an accessory, or any other offense for simply being in
14 the presence or vicinity of the medical use of cannabis as
15 permitted under this Act or for assisting a registered
16 qualifying patient with using or administering cannabis.
17     (h) A registry identification card, or its equivalent,
18 issued under the laws of another state, U.S. territory, or the
19 District of Columbia to permit the medical use of cannabis by a
20 qualifying patient, or to permit a person to assist with a
21 qualifying patient's medical use of cannabis, shall have the
22 same force and effect as a registry identification card issued
23 by the Department.
 
24     Section 20. Department to adopt rules.
25     (a) Not later than 90 days after the effective date of this
26 Act, the Department shall adopt rules governing the manner in
27 which it shall consider petitions from the public to add
28 debilitating medical conditions to those included in this Act.
29 In considering such petitions, the Department shall include
30 public notice of, and an opportunity to comment in a public
31 hearing upon, such petitions. The Department shall, after
32 hearing, approve or deny such petitions within 180 days after
33 submission. The approval or denial of such a petition shall be
34 considered a final Department action, subject to judicial
35 review. Jurisdiction and venue for judicial review are vested

 

 

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1 in the circuit court. The denial of a petition shall not
2 disqualify qualifying patients with that condition if they have
3 a debilitating medical condition. The denial of a petition
4 shall not prevent a person with the denied condition from
5 raising an affirmative defense.
6     (b) Not later than 90 days after the effective date of this
7 Act, the Department shall adopt rules governing the manner in
8 which it shall consider applications for and renewals of
9 registry identification cards for qualifying patients and
10 primary caregivers. The Department's rules shall establish
11 application and renewal fees that generate revenues sufficient
12 to offset all expenses of implementing and administering this
13 Act. The Department may vary the application and renewal fees
14 along a sliding scale that accounts for a qualifying patient's
15 income. The Department may accept donations from private
16 sources in order to reduce the application and renewal fees.
 
17     Section 25. Administering the Department's rules.
18     (a) The Department shall issue registry identification
19 cards to qualifying patients who submit the following, in
20 accordance with the Department's rules:
21         (1) written certification;
22         (2) application or renewal fee;
23         (3) name, address, and date of birth of the qualifying
24     patient, except that if the applicant is homeless, no
25     address is required;
26         (4) name, address, and telephone number of the
27     qualifying patient's practitioner; and
28         (5) name, address, and date of birth of each primary
29     caregiver of qualifying patient, if any.
30     (b) The Department shall not issue a registry
31 identification card to a qualifying patient under the age of 18
32 unless:
33         (1) The qualifying patient's practitioner has
34     explained the potential risks and benefits of the medical
35     use of cannabis to the qualifying patient and to a parent,

 

 

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1     guardian, or person having legal custody of the qualifying
2     patient; and
3         (2) A parent, guardian, or person having legal custody
4     consents in writing to:
5             (A) allow the qualifying patient's medical use of
6         cannabis;
7             (B) serve as one of the qualifying patient's
8         primary caregivers; and
9             (C) control the acquisition of the cannabis, the
10         dosage, and the frequency of the medical use of
11         cannabis by the qualifying patient.
12     (c) The Department shall verify the information contained
13 in an application or renewal submitted pursuant to this
14 Section, and shall approve or deny an application or renewal
15 within 15 days of receiving it. The Department may deny an
16 application or renewal only if the applicant did not provide
17 the information required pursuant to this Section, or if the
18 Department determines that the information provided was
19 falsified. Rejection of an application or renewal is considered
20 a final Department action, subject to judicial review under the
21 Administrative Review Law. Jurisdiction and venue for judicial
22 review are vested in the circuit court.
23     (d) The Department shall issue a registry identification
24 card to each primary caregiver, if any, who is named in a
25 qualifying patient's approved application, up to a maximum of 2
26 primary caregivers per qualifying patient.
27     (e) The Department shall issue registry identification
28 cards within 5 days of approving an application or renewal,
29 which shall expire one year after the date of issuance.
30 Registry identification cards shall contain:
31         (1) the name, address, and date of birth of the
32     qualifying patient;
33         (2) the name, address, and date of birth of each
34     primary caregiver of the qualifying patient, if any;
35         (3) the date of issuance and expiration date of the
36     registry identification card;

 

 

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1         (4) a unique random registry identification number;
2     and
3         (5) a recent photograph.
4         (f)(1) A qualifying patient who has been issued a
5     registry identification card shall notify the Department
6     of any change in the qualifying patient's name, address, or
7     primary caregiver, or if the qualifying patient ceases to
8     have his or her debilitating medical condition, within 10
9     days of such change.
10         (2) A registered qualifying patient who fails to notify
11     the Department of any of these changes is responsible for a
12     civil infraction, punishable by a fine of no more than
13     $150. If the person has ceased to suffer from a
14     debilitating medical condition, the card shall be deemed
15     null and void and the person shall be liable for any other
16     penalties that may apply to the person's non-medical use of
17     cannabis.
18         (3) A registered primary caregiver shall notify the
19     Department of any change in his or her name or address
20     within 10 days of such change. A primary caregiver who
21     fails to notify the Department of any of these changes is
22     responsible for a civil infraction, punishable by a fine of
23     no more than $150.
24         (4) When a qualifying patient or primary caregiver
25     notifies the Department of any changes listed in this
26     subsection (f), the Department shall issue the registered
27     qualifying patient and each primary caregiver a new
28     registry identification card within 10 days of receiving
29     the updated information and a $10 fee.
30         (5) When a qualifying patient who possesses a registry
31     identification card changes his or her primary caregiver,
32     the Department shall notify the primary caregiver within 10
33     days. The primary caregiver's protections as provided in
34     this Act shall expire 10 days after notification by the
35     Department.
36         (6) If a registered qualifying patient or a primary

 

 

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1     caregiver loses his or her registry identification card, he
2     or she shall notify the Department and submit a $10 fee
3     within 10 days of losing the card. Within 5 days, the
4     Department shall issue a new registry identification card
5     with a new random identification number.
6     (g) Possession of, or application for, a registry
7 identification card does not constitute probable cause or
8 reasonable suspicion, nor may it be used to support the search
9 of the person or property of the person possessing or applying
10 for the registry identification card, or otherwise subject the
11 person or property of the person to inspection by any
12 governmental agency.
13         (h)(1) Applications and supporting information
14     submitted by qualifying patients, including information
15     regarding their primary caregivers and practitioners, are
16     confidential and protected under the federal Health
17     Insurance Portability and Accountability Act of 1996 and
18     when applicable, the AIDS Confidentiality Act.
19         (2) The Department shall maintain a confidential list
20     of the persons to whom the Department has issued registry
21     identification cards. Individual names and other
22     identifying information on the list shall be confidential,
23     exempt from the Freedom of Information Act, and not subject
24     to disclosure, except to authorized employees of the
25     Department as necessary to perform official duties of the
26     Department.
27         (3) The Department shall make available to law
28     enforcement personnel a secure website whereby law
29     enforcement can determine whether a registry
30     identification card is valid solely by entering the random
31     identification number. The secure website shall return
32     data as it appears on the registry identification card,
33     which includes the digital photo used on the card, name,
34     address, and date of birth.
35         (4) It is a Class B misdemeanor for any person,
36     including an employee or official of the Department or

 

 

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1     another State agency or local government, to breach the
2     confidentiality of information obtained pursuant to this
3     Act. Notwithstanding this provision, the Department
4     employees may notify law enforcement about falsified or
5     fraudulent information submitted to the Department.
6     (i) The Department shall report annually to the General
7 Assembly on the number of applications for registry
8 identification cards, the number of qualifying patients and
9 primary caregivers approved, the nature of the debilitating
10 medical conditions of the qualifying patients, the number of
11 registry identification cards revoked, and the number of
12 practitioners providing written certification for qualifying
13 patients. The Department shall not provide any identifying
14 information of qualifying patients, primary caregivers, or
15 practitioners.
 
16     Section 30. Scope of Act.
17     (a) This Act does not permit:
18         (1) any person to undertake any task under the
19     influence of cannabis, when doing so would constitute
20     negligence or professional malpractice;
21         (2) the smoking of cannabis:
22             (A) in a school bus or other form of public
23         transportation;
24             (B) on any school grounds;
25             (C) in any correctional facility; or
26             (D) in any public place; and
27         (3) any person to operate, navigate, or be in actual
28     physical control of any motor vehicle, aircraft, or
29     motorboat while under the influence of cannabis. However, a
30     registered qualifying patient may not be considered to be
31     under the influence solely for having cannabis metabolites
32     in his or her system.
33     (b) Nothing in this Act shall be construed to require:
34         (1) a government medical assistance program or private
35     health insurer to reimburse a person for costs associated

 

 

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1     with the medical use of cannabis; or
2         (2) an employer to accommodate the medical use of
3     cannabis in any workplace.
4     (c) Fraudulent representation to a law enforcement
5 official of any fact or circumstance relating to the medical
6 use of cannabis to avoid arrest or prosecution is a petty
7 offense punishable by a fine of $500, in addition to any other
8 penalties that may apply for making a false statement and for
9 the non-medical use of cannabis.
 
10     Section 35. Affirmative defense and dismissal for medical
11 cannabis.
12     (a) Except as provided in Section 30, a person and a
13 person's primary caregiver, if any, may assert the medical
14 purpose for using cannabis as a defense to any prosecution
15 involving cannabis, and such defense shall be presumed valid
16 where the evidence shows that:
17         (1) the person's medical records indicate, or a
18     practitioner has stated that, in the practitioner's
19     professional opinion, after having completed a full
20     assessment of the person's medical history and current
21     medical condition made in the course of a bona fide
22     practitioner-patient relationship, the potential benefits
23     of using cannabis for medical purposes would likely
24     outweigh the health risks for the person; and
25         (2) the person and the person's primary caregiver, if
26     any, were collectively in possession of a quantity of
27     cannabis that was not more than was reasonably necessary to
28     ensure the uninterrupted availability of cannabis for the
29     purpose of alleviating the person's medical condition or
30     symptoms associated with the medical condition.
31     (b) A person may assert the medical purpose for using
32 cannabis in a motion to dismiss, and the charges shall be
33 dismissed following an evidentiary hearing where the defendant
34 shows the elements listed in subsection (a) of this Section.
35     (c) Any interest in or right to property that was

 

 

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1 possessed, owned, or used in connection with a person's use of
2 cannabis for medical purposes shall not be forfeited if the
3 person or the person's primary caregiver demonstrates the
4 person's medical purpose for using cannabis pursuant to this
5 Section.
 
6     Section 40. Enforcement of this Act.
7     (a) Within 30 days after the effective date of this Act,
8 the Department shall adopt emergency rules to implement this
9 Act. Within 6 months after the effective date of this Act, a
10 task force consisting of the Directors or their designees of
11 the Departments of Public Health and State Police and the
12 Secretary of Human Services or his or her designee; 2 members
13 of the House of Representatives appointed by the Speaker of the
14 House of Representatives; 2 members of the Senate appointed by
15 the President of the Senate; one member of the House of
16 Representatives appointed by the House Minority Leader; and one
17 member of the Senate appointed by the Senate Minority Leader
18 shall act to implement permanent rules. In addition the Speaker
19 and the President shall appoint one person each involved in
20 patient services or advocacy. If the Department fails to adopt
21 rules to implement this Act within 6 months after the effective
22 date of this Act, a qualifying patient may commence an action
23 in a court of competent jurisdiction to compel the Department
24 to perform the actions mandated pursuant to the provisions of
25 this Act.
26     (b) If the Department fails to issue a valid registry
27 identification card in response to a valid application
28 submitted pursuant to this Act within 20 days of its
29 submission, the registry identification card shall be deemed
30 granted and a copy of the registry identification application
31 shall be deemed a valid registry identification card.
 
32     Section 45. Non-profit dispensaries.
33     (a) "Registered organization" means a non-profit entity
34 registered with the State under this Act that acquires,

 

 

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1 possesses, cultivates, manufactures, delivers, transfers,
2 transports, supplies, or dispenses cannabis, cultivation
3 equipment, related supplies and educational materials, or
4 cannabis seeds to registered qualifying patients and their
5 primary caregivers. A registered organization is a primary
6 caregiver, although it may supply cannabis to any number of
7 registered qualifying patients who have designated it as one of
8 their primary caregivers.
9         (b)(1) The Department shall issue a registered
10     organization license within 20 days to any person who
11     complies with Department rules and provides the following:
12             (A) a fee paid to the Department in the amount
13         established by the Department, which shall not exceed
14         $1,000;
15             (B) the name of the registered organization;
16             (C) the physical addresses of the registered
17         organization and any other real property where
18         cannabis is to be possessed, cultivated, manufactured,
19         supplied, or dispensed relating to the operations of
20         the registered organization; and
21             (D) the name, address, date of birth, and
22         photograph of any person who is an agent of or employed
23         by the registered organization.
24         (2) The Department shall issue each agent and employee
25     of a registered organization a registry identification
26     card for a cost of $10 each within 10 days of receipt of
27     the person's identifying information and the fee. Each card
28     shall specify that the cardholder is an employee or agent
29     of a registered organization.
30         (3) Each license for a registered organization and each
31     employee or agent registry identification card shall
32     expire one year after the date of issuance.
33         (4) Not later than 90 days after the effective date of
34     this Act, the Department shall promulgate rules to
35     implement this Section, including the following:
36             (A) procedures for the oversight of registered

 

 

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1         organizations, record-keeping and reporting
2         requirements for registered organizations, the
3         potential transference or sale of seized cultivation
4         equipment and related supplies from law enforcement
5         agencies to registered organizations, and procedures
6         for suspending or terminating the registration of
7         registered organizations; and
8             (B) the form and content of the registration and
9         renewal applications.
10     (c) Registered organizations shall be subject to
11 reasonable inspection by the Department to determine that
12 applicable rules are being followed. Reasonable notice shall be
13 given prior to these inspections.
14         (d) (1) Registered organizations shall be established
15     as nonprofit entities. They shall be subject to all
16     applicable State laws governing nonprofit entities, but
17     need not be recognized as a 501(c)(3) organization by the
18     Internal Revenue Service;
19         (2) Registered organizations may not be located within
20     500 feet of the property line of a public school, private
21     school, or structure used primarily for religious services
22     or worship.
23         (3) The operating documents of a registered
24     organization shall include procedures for the oversight of
25     the registered organization and procedures to ensure
26     adequate record-keeping.
27         (e)(1) A registered organization shall notify the
28     Department within 10 days of when an employee or agent
29     ceases to work at the registered organization.
30         (2) The registered organization shall notify the
31     Department before a new agent or employee begins working at
32     the registered organization, in writing, and it shall
33     submit a $10 fee for that person's registry identification
34     card.
35         (f)(1) No registered organization shall be subject to
36     prosecution, search, seizure, or penalty in any manner, or

 

 

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1     denied any right or privilege, including but not limited to
2     civil penalty or disciplinary action by a business or
3     occupational or professional licensing board or bureau for
4     acting in accordance with this Act and the rules issued
5     pursuant to this Act to assist registered qualifying
6     patients to whom it is connected through the Department's
7     registration process with the medical use of cannabis,
8     provided that the registered organization possesses an
9     amount of cannabis which does not exceed 12 cannabis plants
10     and two and one-half ounces of usable cannabis for each
11     registered qualifying patient.
12         (2) No employees, agents, or board members of a
13     registered organization shall be subject to arrest,
14     prosecution, search, seizure, or penalty in any manner, or
15     denied any right or privilege, including but not limited to
16     civil penalty or disciplinary action by a business or
17     occupational or professional licensing board or bureau for
18     working for a registered organization in accordance with
19     this Act.
20          (3) Applications and supporting information submitted
21     by registered organizations, including licenses and
22     information regarding their patients, primary caregivers,
23     agents and employees of the organization are confidential
24     and when applicable protected under the federal Health
25     Insurance Portability and Accountability Act of 1996 and
26     the AIDS Confidentiality Act.
27     (g) The registered organization is prohibited from:
28         (1) obtaining cannabis from outside the State in
29     violation of federal law;
30         (2) acquiring, possessing, cultivating, manufacturing,
31     delivering, transferring, transporting, supplying, or
32     dispensing cannabis for any purpose except to assist
33     registered qualifying patients with their medical use of
34     cannabis directly or through the qualifying patients'
35     other primary caregivers.
36     (h) Except as provided in this Act, a municipality may not

 

 

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1 prevent a registered organization from operating in accordance
2 with this Act in an area where zoning permits retail
3 businesses. This subsection (h) is a limitation under
4 subsection (i) of Section 6 of Article VII of the Illinois
5 Constitution on the concurrent exercise by home rule units of
6 powers and functions exercised by the State.
7     (i) If provisions of this Act establishing registered
8 organization are enjoined or declared unconstitutional, then
9 enforcing laws against delivery of cannabis for consideration
10 to registered qualifying patients shall be the lowest priority
11 of law enforcement.
 
12     Section 50. Application. In the event of a conflict between
13 this Act and the Cannabis Control Act, the provisions of this
14 Act shall control.
 
15     Section 105. The Cannabis Control Act is amended by
16 changing Section 11 as follows:
 
17     (720 ILCS 550/11)  (from Ch. 56 1/2, par. 711)
18     Sec. 11. Authorization for use of cannabis for medical
19 purposes.
20     The Department of Public Health may authorize the
21 possession, production, manufacture, and delivery of
22 substances containing cannabis in accordance with the Medical
23 Cannabis Act.
24 (a) The Department, with the written approval of the Department
25 of State Police, may authorize the possession, production,
26 manufacture and delivery of substances containing cannabis by
27 persons engaged in research and when such authorization is
28 requested by a physician licensed to practice medicine in all
29 its branches, such authorization shall issue without
30 unnecessary delay where the Department finds that such
31 physician licensed to practice medicine in all its branches has
32 certified that such possession, production, manufacture or
33 delivery of such substance is necessary for the treatment of

 

 

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1 glaucoma, the side effects of chemotherapy or radiation therapy
2 in cancer patients or such other procedure certified to be
3 medically necessary; such authorization shall be, upon such
4 terms and conditions as may be consistent with the public
5 health and safety. To the extent of the applicable
6 authorization, persons are exempt from prosecution in this
7 State for possession, production, manufacture or delivery of
8 cannabis.
9     (b) Persons registered under Federal law to conduct
10 research with cannabis may conduct research with cannabis
11 including, but not limited to treatment by a physician licensed
12 to practice medicine in all its branches for glaucoma, the side
13 effects of chemotherapy or radiation therapy in cancer patients
14 or such other procedure which is medically necessary within
15 this State upon furnishing evidence of that Federal
16 registration and notification of the scope and purpose of such
17 research to the Department and to the Department of State
18 Police of that Federal registration.
19     (c) Persons authorized to engage in research may be
20 authorized by the Department to protect the privacy of
21 individuals who are the subjects of such research by
22 withholding from all persons not connected with the conduct of
23 the research the names and other identifying characteristics of
24 such individuals. Persons who are given this authorization
25 shall not be compelled in any civil, criminal, administrative,
26 legislative or other proceeding to identify the individuals who
27 are the subjects of research for which the authorization was
28 granted, except to the extent necessary to permit the
29 Department to determine whether the research is being conducted
30 in accordance with the authorization.
31 (Source: P.A. 84-25.)
 
32     Section 110. Severability. The provisions of this Act are
33 severable under Section 1.31 of the Statute on Statutes.
 
34     Section 999. Effective date. This Act takes effect upon

 

 

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1 becoming law.