Illinois General Assembly - Full Text of HB0030
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Full Text of HB0030  97th General Assembly

HB0030 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0030

 

Introduced 1/12/2011, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Compassionate Use of Medical Cannabis Pilot Program 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 6 cannabis plants and 2 ounces of dried usable cannabis. Amends the Cannabis Control Act to make conforming changes, including that any registered qualifying patient or registered primary caregiver who distributes cannabis to someone who is not allowed to use cannabis is subject to a penalty enhancement of not more than 2 years in prison or a fine of not more than $2,000, or both, for abuse of the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Act is repealed 3 years after its effective date. Repeals the research provisions of the Cannabis Control Act. Provides that the Department of Public Health shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications. Provides that the Department shall promulgate rules governing the manner in which it shall consider applications for and renewals of registration certificates for medical cannabis organizations. Provides that the provisions of the Act are severable. Effective immediately.


LRB097 03078 RLC 43111 b

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

 

 

A BILL FOR

 

HB0030LRB097 03078 RLC 43111 b

1    AN ACT concerning alternative treatment for serious
2diseases causing chronic pain and debilitating conditions.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Short title. This Act may be cited as the
6Compassionate Use of Medical Cannabis Pilot Program Act.
 
7    Section 5. Findings.
8    (a) Modern medical research has discovered beneficial uses
9for cannabis in treating or alleviating the pain, nausea, and
10other symptoms associated with a variety of debilitating
11medical conditions, as found by the National Academy of
12Sciences' Institute of Medicine in March 1999.
13    (b) Subsequent studies since the 1999 National Academy of
14Sciences' Institute of Medicine report continue to show the
15therapeutic value of cannabis in treating a wide array of
16debilitating medical conditions, including increasing the
17chances of patients finishing their treatments for HIV/AIDS and
18hepatitis C.
19    (c) Data from the Federal Bureau of Investigation's Uniform
20Crime Reports and the Compendium of Federal Justice Statistics
21show that approximately 99 out of every 100 cannabis arrests in
22the U.S. are made under state law, rather than under federal
23law. Consequently, changing state law will have the practical

 

 

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1effect of protecting from arrest the vast majority of seriously
2ill people who have a medical need to use cannabis.
3    (d) Although federal law currently prohibits any use of
4cannabis except under very limited circumstances, Alaska,
5California, Colorado, Hawaii, Maine, Michigan, Montana,
6Nevada, New Mexico, Oregon, Vermont, Rhode Island, and
7Washington have removed state-level criminal penalties from
8the medical use and cultivation of cannabis. Illinois joins in
9this effort for the health and welfare of its citizens.
10    (e) States are not required to enforce federal law or
11prosecute people for engaging in activities prohibited by
12federal law. Therefore, compliance with this Act does not put
13the State of Illinois in violation of federal law.
14    (f) State law should make a distinction between the medical
15and non-medical uses of cannabis. Hence, the purpose of this
16Act is to protect patients with debilitating medical
17conditions, as well as their physicians and primary caregivers,
18from arrest and prosecution, criminal and other penalties, and
19property forfeiture if such patients engage in the medical use
20of cannabis.
21    (g) The people of the State of Illinois declare that they
22enact this Act pursuant to the police power to protect the
23health of its citizens that is reserved to the State of
24Illinois and its people under the 10th Amendment to the United
25States Constitution.
 

 

 

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1    Section 10. Definitions. The following terms, as used in
2this Act, shall have the meanings set forth in this Section:
3    (a) "Adequate supply" means an amount of cannabis possessed
4by a qualified patient or collectively possessed by a qualified
5patient and the qualified patient's primary caregiver that is
6determined by rule of the Department to be no more than
7reasonably necessary to ensure the uninterrupted availability
8of cannabis for a period of 60 days and that is derived solely
9from an intrastate source. Until the Department determines what
10constitutes a 60-day supply of medicine, patients shall be
11presumed to be in compliance with this Act if they possess no
12more than 2 ounces of dried usable cannabis and 6 cannabis
13plants, no more than 3 of which can be mature cannabis plants.
14As used in this subsection (a), "mature cannabis plant" means a
15female cannabis plant that meets one or more of the following 3
16criteria: (1) has observable flowers or buds, (2) is at least
1712 inches in height, or (3) is at least 12 inches in diameter.
18    (a-1) "Cardholder" means a qualifying patient or a primary
19caregiver who has been issued and possesses a valid registry
20identification card.
21    (b) "Debilitating medical condition" means one or more of
22the following:
23        (1) cancer, glaucoma, positive status for human
24    immunodeficiency virus, acquired immune deficiency
25    syndrome, hepatitis C, amyotrophic lateral sclerosis,
26    Crohn's disease, agitation of Alzheimer's disease, nail

 

 

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1    patella, or the treatment of these conditions;
2        (2) a chronic or debilitating disease or medical
3    condition or its treatment that produces one or more of the
4    following: cachexia or wasting syndrome; seizures,
5    including but not limited to those characteristic of
6    epilepsy; or severe and persistent muscle spasms,
7    including but not limited to those characteristic of
8    multiple sclerosis;
9        (3) a debilitating disease or medical condition or its
10    treatment that produces intractable pain, which is severe,
11    debilitating pain that did not respond to other reasonable
12    medical efforts for a reasonable period of time, including
13    in cases where other treatment options produced serious
14    side effects;
15        (4) a debilitating disease or medical condition or its
16    treatment that produces severe, debilitating nausea that
17    did not respond to other reasonable medical efforts for a
18    reasonable period of time, including cases where other
19    treatment options produced serious side effects; or
20        (5) any other medical condition or its treatment
21    approved by the Department, as provided for in subsection
22    (a) of Section 20.
23    (c) "Department" means the Department of Public Health, or
24its successor agency.
25    (d) "Enclosed, locked facility" means a closet, room,
26greenhouse, or other enclosed area equipped with locks or other

 

 

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1security devices that permit access only by a registered
2primary caregiver or registered qualifying patient.
3    (e) "Felony drug offense" means a violation of a state or
4federal controlled substance law that was classified as a
5felony in the jurisdiction where the person was convicted. It
6does not include: (1) an offense for which the sentence,
7including any term of probation, incarceration, or supervised
8release, was completed 10 or more years earlier; or (2) an
9offense that involved conduct that would have been permitted
10under this Act.
11    (f) "Cannabis" has the meaning given to the term cannabis
12in Section 3 of the Cannabis Control Act.
13    (g) "Medical use" means the acquisition, possession,
14cultivation, manufacture, use, delivery, transfer, or
15transportation of cannabis or paraphernalia relating to the
16administration of cannabis to treat or alleviate a registered
17qualifying patient's debilitating medical condition or
18symptoms associated with the patient's debilitating medical
19condition.
20    (h) "Physician" means a person licensed under the Medical
21Practice Act of 1987 to practice medicine in all its branches
22who has the authority to prescribe under Article III of the
23Illinois Controlled Substances Act.
24    (i) "Primary caregiver" means a person who is at least 21
25years old, who has agreed to assist with a patient's medical
26use of cannabis, and who has never been convicted of a felony

 

 

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1drug offense. A primary caregiver, other than a medical
2cannabis organization as defined in this Act may assist no more
3than one qualifying patient with their medical use of cannabis.
4A patient may designate only one primary caregiver, except that
5a patient may designate a medical cannabis organization and one
6individual primary caregiver.
7    (j) "Qualifying patient" means a person who has been
8diagnosed by a physician as having a debilitating medical
9condition.
10    (k) "Registry identification card" means a document issued
11by the Department that identifies a person as a registered
12qualifying patient or registered primary caregiver.
13    (l) "Usable cannabis" means the dried leaves and flowers of
14the cannabis plant, and any mixture or preparation thereof, but
15does not include the seeds, stalks, and roots of the plant and
16does not include the weight of other ingredients in cannabis
17prepared for consumption as food.
18    (m) "Visiting qualifying patient" means a patient who is
19not a resident of Illinois or who has been a resident of
20Illinois less than 30 days.
21    (n) "Written certification" means a document signed by a
22physician, stating: (1) that in the physician's professional
23opinion the patient is likely to receive therapeutic or
24palliative benefit from the medical use of cannabis to treat or
25alleviate the patient's debilitating medical condition or
26symptoms associated with the debilitating medical condition;

 

 

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1(2) that the qualifying patient has a debilitating medical
2condition and specifying what debilitating medical condition
3the qualifying patient has; and (3) that the patient is under
4the physician's care for the debilitating medical condition. A
5written certification shall be made only in the course of a
6bona fide physician-patient relationship after the physician
7has completed a full assessment of the qualifying patient's
8medical history.
 
9    Section 15. Protections for the medical use of cannabis.
10    (a) A qualifying patient who has been issued and possesses
11a registry identification card shall not be subject to arrest,
12prosecution, or penalty in any manner, or denied any right or
13privilege, including but not limited to civil penalty or
14disciplinary action by a business or occupational or
15professional licensing board or bureau, for the medical use of
16cannabis in accordance with this Act, provided that the
17qualifying patient possesses an amount of cannabis that does
18not exceed an "adequate supply" as defined in subsection (a) of
19Section 10 of this Act of usable cannabis. Such plants shall be
20kept in an enclosed, locked facility, unless they are being
21transported because the qualifying patient is moving or if they
22are being transported to the qualifying patient's property. Any
23incidental amount of seeds, stalks, and unusable roots shall
24also be allowed under State law and shall not be included in
25this amount.

 

 

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1    (b) A primary caregiver who has been issued and possesses a
2registry identification card shall not be subject to arrest,
3prosecution, or penalty in any manner, or denied any right or
4privilege, including but not limited to civil penalty or
5disciplinary action by a business or occupational or
6professional licensing board or bureau, solely for assisting a
7qualifying patient to whom he or she is connected through the
8Department's registration process with the medical use of
9cannabis in accordance with this Act, provided that the primary
10caregiver possesses an amount of cannabis that does not exceed
11an "adequate supply" as defined in subsection (a) of Section 10
12of this Act for the qualifying patient to whom he or she is
13connected through the Department's registration process. It is
14the intent of this provision that the total amount possessed
15between the qualifying patient and caregiver shall not exceed
16the patient's "adequate supply" as defined in subsection (a) of
17Section 10 of this Act. Such plants shall be kept in an
18enclosed, locked facility, unless they are being transported
19because the primary caregiver is moving or if they are being
20transported to a primary caregiver's or a qualifying patient's
21property. Any incidental amount of seeds, stalks, and unusable
22roots shall also be allowed under State law and shall not be
23included in this amount.
24    (c) (1) There shall be a presumption that a qualifying
25patient or primary caregiver is engaged in the medical use of
26cannabis in accordance with this Act if the qualifying patient

 

 

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1or primary caregiver:
2            (A) is in possession of a registry identification
3        card; and
4            (B) is in possession of an amount of cannabis that
5        does not exceed the amount allowed under this Act.
6        (2) The presumption may be rebutted by evidence that
7    conduct related to cannabis was not for the purpose of
8    treating or alleviating the qualifying patient's
9    debilitating medical condition or symptoms associated with
10    the debilitating medical condition, in accordance with
11    this Act.
12    (d) A cardholder shall not be subject to arrest,
13prosecution, or penalty in any manner, or denied any right or
14privilege, including but not limited to civil penalty or
15disciplinary action by a business or occupational or
16professional licensing board or bureau, solely for giving
17cannabis to a registered qualifying patient or a registered
18primary caregiver for the registered qualifying patient's
19medical use where nothing of value is transferred in return, or
20to offer to do the same.
21    (e) No school, employer, or landlord may refuse to enroll
22or employ or lease to, or otherwise penalize a person solely
23for his or her status as a registered qualifying patient or a
24registered primary caregiver, unless failing to do so would put
25the school, employer, or landlord in violation of federal law
26or cause it to lose a federal contract or funding.

 

 

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1    (f) A person shall not be denied custody or visitation of a
2minor for acting in accordance with this Act, unless the
3person's behavior is such that it creates an unreasonable
4danger to the minor that can be clearly articulated and
5substantiated.
6    (g) A registered primary caregiver may receive
7compensation for costs associated with assisting a registered
8qualifying patient's medical use of cannabis, provided that
9registered primary caregiver is connected to the registered
10qualifying patient through the Department's registration
11process. Any such compensation shall not constitute the sale of
12controlled substances.
13    (h) A physician shall not be subject to arrest,
14prosecution, or penalty in any manner, or denied any right or
15privilege, including but not limited to civil penalty or
16disciplinary action by the Medical Disciplinary Board or by any
17other business or occupational or professional licensing board
18or bureau, solely for providing written certifications or for
19otherwise stating that, in the physician's professional
20opinion, a patient is likely to receive therapeutic benefit
21from the medical use of cannabis to treat or alleviate the
22patient's serious or debilitating medical condition or
23symptoms associated with the serious or debilitating medical
24condition, provided that nothing shall prevent a professional
25licensing board from sanctioning a physician for failing to
26properly evaluate a patient's medical condition or otherwise

 

 

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1violating the standard of care for evaluating medical
2conditions.
3    (i) A person shall not be subject to arrest, prosecution,
4or penalty in any manner, or denied any right or privilege,
5including but not limited to civil penalty or disciplinary
6action by a business or occupational or professional licensing
7board or bureau, solely for providing a registered qualifying
8patient or a registered primary caregiver with cannabis
9paraphernalia for purposes of a qualifying patient's medical
10use of cannabis.
11    (j) Any cannabis, cannabis paraphernalia, licit property,
12or interest in licit property that is possessed, owned, or used
13in connection with the medical use of cannabis, as allowed
14under this Act, or acts incidental to such use, shall not be
15seized or forfeited.
16    (k) A person shall not be subject to arrest, prosecution,
17or penalty in any manner, or denied any right or privilege,
18including but not limited to civil penalty or disciplinary
19action by a business or occupational or professional licensing
20board or bureau, simply for being in the presence or vicinity
21of the medical use of cannabis as allowed under this Act, or
22for assisting a registered qualifying patient with using or
23administering cannabis. This provision, however, shall not be
24construed to allow the consumption of cannabis by persons other
25than qualifying patients.
26    (l) A registry identification card, or its equivalent, that

 

 

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1is issued under the laws of another state, district, territory,
2commonwealth, or insular possession of the United States that
3allows the medical use of cannabis by a visiting qualifying
4patient, shall have the same force and effect as a registry
5identification card issued by the Department.
6    (m) Any cardholder who sells cannabis to a person who is
7not allowed to use cannabis for medical purposes under this Act
8shall have his or her registry identification card revoked, and
9is liable for any other penalties for the sale of cannabis. The
10Department may revoke the registry identification card of any
11cardholder who violates this Act, and the cardholder shall be
12liable for any other penalties for the violation.
13    (n) For purposes of Illinois State law, the consumption or
14use of cannabis by a registered qualifying patient shall be
15considered lawful if it is authorized by and in accordance with
16this Act.
 
17    Section 20. Department to issue rules.
18    (a) Not later than 120 days after the effective date of
19this Act, the Department shall promulgate rules governing the
20manner in which it shall consider petitions from the public to
21add debilitating medical conditions to the list of debilitating
22medical conditions set forth in subsection (b) of Section 10 of
23this Act. In considering such petitions, the Department shall
24include public notice of, and an opportunity to comment in a
25public hearing upon, such petitions. The Department shall,

 

 

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1after hearing, approve or deny such petitions within 180 days
2of submission of the petition. The approval or denial of such a
3petition shall be considered a final Department action, subject
4to judicial review. Jurisdiction and venue for judicial review
5are vested in the Circuit Court.
6    (b) Not later than 120 days after the effective date of
7this Act, the Department shall promulgate rules governing the
8manner in which it shall consider applications for and renewals
9of registry identification cards for qualifying patients and
10primary caregivers. The Department's rules shall establish
11application and renewal fees that generate revenues sufficient
12to offset all expenses of implementing and administering this
13Act. The fee shall include an additional $3 per registry
14identification card which shall be used to develop and
15disseminate educational information about the health risks
16associated with the abuse of cannabis and prescription
17medications. The Department may establish a sliding scale of
18application and renewal fees based upon a qualifying patient's
19family income. The Department may accept donations from private
20sources in order to reduce the application and renewal fees.
21    (c) Not later than 120 days after the effective date of
22this Act, the Department shall promulgate rules governing the
23manner in which it shall consider applications for and renewals
24of registration certificates for medical cannabis
25organizations, including rules governing the form and content
26of registration and renewal applications, and a standard form

 

 

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1for written certifications.
 
2    Section 25. Administering the Department's rules.
3    (a) The Department shall issue registry identification
4cards to qualifying patients who submit the following, in
5accordance with the Department's rules:
6        (1) written certification, which shall be on a form
7    developed by the Department;
8        (2) application or renewal fee;
9        (3) name, address, and date of birth of the qualifying
10    patient, except that if the applicant is homeless, no
11    address is required;
12        (4) name, address, and telephone number of the
13    qualifying patient's physician; and
14        (5) name, address, and date of birth of each primary
15    caregiver, if any, of the qualifying patient.
16    (b) The Department shall not issue a registry
17identification card to a qualifying patient who is under the
18age of 18 unless:
19        (1) The qualifying patient's physician has explained
20    the potential risks and benefits of the medical use of
21    cannabis to the qualifying patient and to a parent,
22    guardian, or person having legal custody of the qualifying
23    patient; and
24        (2) The parent, guardian, or person having legal
25    custody consents in writing to:

 

 

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1            (A) allow the qualifying patient's medical use of
2        cannabis;
3            (B) serve as one of the qualifying patient's
4        primary caregivers; and
5            (C) control the acquisition of the cannabis, the
6        dosage, and the frequency of the medical use of
7        cannabis by the qualifying patient.
8    (c) The Department shall verify the information contained
9in an application or renewal submitted pursuant to this
10Section, and shall approve or deny an application or renewal
11within 15 days of receiving it. The Department may deny an
12application or renewal only if the applicant did not provide
13the information required pursuant to this Section, or if the
14Department determines that the information provided was
15falsified. Rejection of an application or renewal is considered
16a final Department action, subject to judicial review.
17Jurisdiction and venue for judicial review are vested in the
18Illinois Circuit Court.
19    (d) The Department shall issue a registry identification
20card to each primary caregiver, if any, who is named in a
21qualifying patient's approved application, up to a maximum of 2
22primary caregivers per qualifying patient.
23    (e) The Department shall issue registry identification
24cards within 5 days of approving an application or renewal,
25which shall expire one year after the date of issuance.
26Registry identification cards shall contain all of the

 

 

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1following:
2        (1) Name, address, and date of birth of the qualifying
3    patient;
4        (2) Name, address, and date of birth of each primary
5    caregiver, if any, of the qualifying patient;
6        (3) The date of issuance and expiration date of the
7    registry identification card;
8        (4) A random identification number that is unique to
9    the cardholder; and
10        (5) A photograph, if the Department decides to require
11    one.
12    (f) (1) A registered qualifying patient shall notify the
13    Department of any change in the registered qualifying
14    patient's name, address, or primary caregiver, or if the
15    registered qualifying patient ceases to have his or her
16    debilitating medical condition, within 10 days of such
17    change.
18        (2) A registered qualifying patient who fails to notify
19    the Department of any of these changes is responsible for a
20    civil infraction, punishable by a fine of no more than
21    $150. If the registered qualifying patient's certifying
22    physician notifies the Department in writing that the
23    registered qualifying patient has ceased to suffer from a
24    debilitating medical condition, the card shall become null
25    and void upon notification by the Department to the
26    qualifying patient.

 

 

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1        (3) A registered primary caregiver shall notify the
2    Department of any change in his or her name or address
3    within 10 days of such change. A registered primary
4    caregiver who fails to notify the Department of any of
5    these changes is responsible for a civil infraction,
6    punishable by a fine of no more than $150.
7        (4) When a registered qualifying patient or registered
8    primary caregiver notifies the Department of any changes
9    listed in this subsection, the Department shall issue the
10    registered qualifying patient and each registered primary
11    caregiver a new registry identification card within 10 days
12    of receiving the updated information and a $10 fee.
13        (5) When a registered qualifying patient changes his or
14    her registered primary caregiver, the Department shall
15    notify the primary caregiver within 10 days. The registered
16    primary caregiver's protections as provided in this Act
17    shall expire 10 days after notification by the Department.
18        (6) If a registered qualifying patient or registered
19    primary caregiver loses his or her registry identification
20    card, he or she shall notify the Department and submit a
21    $10 fee within 10 days of losing the card. Within 5 days
22    after such notification, the Department shall issue a new
23    registry identification card with a new random
24    identification number.
25    (g) Possession of, or application for, a registry
26identification card shall not constitute probable cause or

 

 

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1reasonable suspicion, nor shall it be used to support the
2search of the person or property of the person possessing or
3applying for the registry identification card.
4    (h) The following confidentiality rules shall apply:
5        (1) Applications and supporting information submitted
6    by qualifying patients, including information regarding
7    their primary caregivers and physicians, are confidential.
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.
16        (3) The Department shall verify to law enforcement
17    personnel whether a registry identification card is valid,
18    without disclosing more information than is reasonably
19    necessary to verify the authenticity of the registry
20    identification card.
21        (4) It is a Class B misdemeanor for any person,
22    including an employee or official of the Department or
23    another state agency or local government, to breach the
24    confidentiality of information obtained pursuant to this
25    Act. Notwithstanding this provision, Department employees
26    may notify law enforcement about falsified or fraudulent

 

 

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1    information submitted to the Department, so long as the
2    employee who suspects that falsified or fraudulent
3    information has been submitted confers with his or her
4    supervisor (or at least one other employee of the
5    Department) and both agree that circumstances exist that
6    warrant reporting.
7    (i) The Department shall submit to the General Assembly an
8annual report that does not disclose any identifying
9information about qualifying patients, primary caregivers, or
10physicians, but does contain, at a minimum, all of the
11following information:
12        (1) The number of applications and renewals filed for
13    registry identification cards.
14        (2) The number of qualifying patients and primary
15    caregivers approved in each county.
16        (3) The nature of the debilitating medical conditions
17    of the qualifying patients.
18        (4) The number of registry identification cards
19    revoked.
20        (5) The number of physicians providing written
21    certifications for qualifying patients.
22    (j) The Department shall develop and disseminate
23educational information about the health risks associated with
24the abuse of cannabis and prescription medications, which shall
25be funded by the $3 fees generated from registry identification
26cards.
 

 

 

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1    Section 30. Scope of Act.
2    (a) This Act shall not permit any person to do any of the
3following, nor shall it prevent the imposition of any civil,
4criminal, or other penalties for any such actions:
5        (1) Undertake any task under the influence of cannabis,
6    when doing so would constitute negligence or professional
7    malpractice.
8        (2) Possess cannabis, or otherwise engage in the
9    medical use of cannabis:
10            (A) in a school bus;
11            (B) on the grounds of any preschool or primary or
12        secondary school; or
13            (C) in any correctional facility.
14        (3) Smoke cannabis:
15            (A) on any form of public transportation; or
16            (B) in any public place.
17        (4) Operate, navigate, or be in actual physical control
18    of any motor vehicle, aircraft, or motorboat while under
19    the influence of cannabis. However, a registered
20    qualifying patient shall not be considered to be under the
21    influence of cannabis solely because of the presence of
22    metabolites or components of cannabis that appear in
23    insufficient concentration to cause impairment.
24        (5) Use cannabis if that person does not have a serious
25    or debilitating medical condition.

 

 

HB0030- 21 -LRB097 03078 RLC 43111 b

1        (6) Allow any person who is not allowed to use cannabis
2    under this Act to use cannabis that a cardholder is allowed
3    to possess pursuant to this Act.
4        (7) Transfer cannabis to any person who is not allowed
5    to possess cannabis under this Act.
6    (b) Nothing in this Act shall be construed to require:
7        (1) A government medical assistance program or private
8    health insurer to reimburse a person for costs associated
9    with the medical use of cannabis; or
10        (2) An employer to accommodate the ingestion of
11    cannabis in any workplace or any employee working while
12    under the influence of cannabis, provided that a qualifying
13    patient shall not be considered to be under the influence
14    of cannabis solely because of the presence of metabolites
15    or components of cannabis that appear in insufficient
16    concentration to cause impairment.
17    (c) Fraudulent representation to a law enforcement
18official of any fact or circumstance relating to the medical
19use of cannabis to avoid arrest or prosecution is a petty
20offense punishable by a fine of $500, which shall be in
21addition to any other penalties that may apply for making a
22false statement or for the use of cannabis other than use
23undertaken pursuant to this Act.
24    (d) Nothing in this Act shall be construed to prevent the
25arrest or prosecution of a registered qualifying patient for
26reckless driving or driving under the influence of cannabis

 

 

HB0030- 22 -LRB097 03078 RLC 43111 b

1where probable cause exists.
2    (e) This Act shall in no way limit an employer's ability to
3discipline an employee for ingesting cannabis in the workplace
4or for working while under the influence of cannabis. This Act
5shall in no way limit an employer's ability to discipline an
6employee for failing a drug test if failing to do so would put
7the employer in violation of federal law or cause it to lose a
8federal contract or funding.
 
9    Section 35. Affirmative defense and dismissal for medical
10cannabis.
11    (a) Except as provided in Section 30, a patient and a
12patient's primary caregiver, if any, may assert the medical
13purpose for using cannabis as a defense to any prosecution
14involving cannabis, and this defense shall be presumed valid
15where the evidence shows that:
16        (1) A physician has stated that, in the physician's
17    professional opinion, after having completed a full
18    assessment of the patient's medical history and current
19    medical condition made in the course of a bona fide
20    physician-patient relationship, the patient is likely to
21    receive therapeutic or palliative benefit from the medical
22    use of cannabis to treat or alleviate the patient's serious
23    or debilitating medical condition or symptoms associated
24    with the patient's serious or debilitating medical
25    condition; and

 

 

HB0030- 23 -LRB097 03078 RLC 43111 b

1        (2) The patient and the patient's primary caregiver, if
2    any, were collectively in possession of a quantity of
3    cannabis that was not more than was reasonably necessary to
4    ensure the uninterrupted availability of cannabis for the
5    purpose of treating or alleviating the patient's serious or
6    debilitating medical condition or symptoms associated with
7    the patient's serious or debilitating medical condition;
8    and
9        (3) The patient and the patient's primary caregiver, if
10    any, were engaged in the acquisition, possession,
11    cultivation, manufacture, use, delivery, transfer, or
12    transportation of cannabis or paraphernalia relating to
13    the administration of cannabis to treat or alleviate the
14    patient's serious or debilitating medical condition or
15    symptoms associated with the patient's serious or
16    debilitating medical condition.
17    (b) A person may assert the medical purpose for using
18cannabis in a motion to dismiss, and the charges shall be
19dismissed following an evidentiary hearing where the person
20shows the elements listed in subsection (a).
21    (c) If a patient or a patient's primary caregiver
22demonstrates the patient's medical purpose for using cannabis
23pursuant to this Section, the patient and the patient's primary
24caregiver shall not be subject to the following for the
25patient's use of cannabis for medical purposes:
26        (1) disciplinary action by a business or occupational

 

 

HB0030- 24 -LRB097 03078 RLC 43111 b

1    or professional licensing board or bureau; or
2        (2) forfeiture of any interest in or right to property.
 
3    Section 40. Enforcement of this Act.
4    (a) If the Department fails to adopt rules to implement
5this Act within 120 days of the effective date of this Act, a
6qualifying patient may commence an action in the Circuit Court
7to compel the Department to perform the actions mandated
8pursuant to the provisions of this Act.
9    (b) If the Department fails to issue a valid registry
10identification card in response to a valid application or
11renewal submitted pursuant to this Act within 20 days of its
12submission, the registry identification card shall be deemed
13granted, and a copy of the registry identification application
14or renewal shall be deemed a valid registry identification
15card.
16    (c) If at any time after the 140 days following the
17effective date of this Act the Department is not accepting
18applications, including if it has not created rules allowing
19qualifying patients to submit applications, a notarized
20statement by a qualifying patient containing the information
21required in an application, pursuant to clauses (a)(2) through
22(a)(5) of Section 25 together with a written certification
23shall be deemed a valid registry identification card.
 
24    Section 45. Medical cannabis organization.

 

 

HB0030- 25 -LRB097 03078 RLC 43111 b

1    (a) Definition. For purposes of this Section, "medical
2cannabis organization" means an entity registered under this
3Section that acquires, possesses, cultivates, manufactures,
4delivers, transfers, transports, supplies, or dispenses
5cannabis, or related supplies and educational materials, to
6registered qualifying patients and their registered primary
7caregivers. A medical cannabis organization is a primary
8caregiver. All provisions of this Act pertaining to a primary
9caregiver shall apply to a medical cannabis organization unless
10they conflict with a provision contained in this Section. A
11medical cannabis organization shall supply cannabis to any
12number of registered qualifying patients who have designated it
13as one of their primary caregivers.
14    (b) Registration requirements.
15        (1) The Department shall register a medical cannabis
16    organization and issue a registration certificate within
17    20 days to any person or entity that provides:
18            (A) A fee paid to the Department in the amount of
19        $5,000;
20            (B) The legal name of the medical cannabis
21        organization;
22            (C) The physical address of the medical cannabis
23        organization and the physical address of one
24        additional location, if any, where cannabis will be
25        cultivated;
26            (D) The name, address, and date of birth of each

 

 

HB0030- 26 -LRB097 03078 RLC 43111 b

1        principal officer and board member of the medical
2        cannabis organization;
3            (E) The name, address, and date of birth of any
4        person who is an agent of or employed by the medical
5        cannabis organization.
6        (2) The Department shall track the number of registered
7    qualifying patients who designate each medical cannabis
8    organization as a primary caregiver, and issue a written
9    statement to the medical cannabis organization of the
10    number of qualifying patients who have designated the
11    medical cannabis organization to serve as a primary
12    caregiver for them. This statement shall be updated each
13    time a new registered qualifying patient designates the
14    medical cannabis organization or ceases to designate the
15    medical cannabis organization and may be transmitted
16    electronically if the Department's rules so provide. The
17    Department may provide by rule that the updated written
18    statements will not be issued more frequently than twice
19    each week.
20        (3) The Department shall issue each principal officer,
21    board member, agent, and employee of a medical cannabis
22    organization a registry identification card within 10 days
23    of receipt of the person's name, address, date of birth,
24    and a fee in an amount established by the Department. Each
25    card shall specify that the cardholder is a principal
26    officer, board member, agent, or employee of a medical

 

 

HB0030- 27 -LRB097 03078 RLC 43111 b

1    cannabis organization and shall contain the following:
2            (A) The name, address, and date of birth of the
3        principal officer, board member, agent or employee;
4            (B) The legal name of the medical cannabis
5        organization to which the principal officer, board
6        member, agent, or employee is affiliated;
7            (C) A random identification number that is unique
8        to the cardholder;
9            (D) The date of issuance and expiration date of the
10        registry identification card; and
11            (E) A photograph, if the Department decides to
12        require one.
13        (4) The Department shall not issue a registry
14    identification card to any principal officer, board
15    member, agent, or employee of a medical cannabis
16    organization who has been convicted of a felony drug
17    offense. The Department may conduct a background check of
18    each principal officer, board member, agent, or employee in
19    order to carry out this provision. The Department shall
20    notify the medical cannabis organization in writing of the
21    purpose for denying the registry identification card.
22    However, the Department shall grant such person a registry
23    identification card if the Department determines that the
24    person's conviction was for the medical use of cannabis or
25    assisting with the medical use of cannabis.
26    (c) Authority of the Department. Not later than 120 days

 

 

HB0030- 28 -LRB097 03078 RLC 43111 b

1after the effective date of this Act, the Department shall
2promulgate rules governing the manner in which it shall
3consider applications for and renewals of registration
4certificates for medical cannabis organizations, including
5rules governing:
6        (1) The form and content of registration and renewal
7    applications;
8        (2) Minimum oversight requirements for medical
9    cannabis organizations;
10        (3) Minimum record-keeping requirements for medical
11    cannabis organizations;
12        (4) Minimum security requirements for medical cannabis
13    organizations; and
14        (5) Procedures for suspending or terminating the
15    registration of medical cannabis organizations that
16    violate the provisions of this Section or the rules
17    promulgated pursuant to this subsection.
18    (d) Expiration. A medical cannabis organization
19registration certificate and the registry identification card
20for each principal officer, board member, agent, or employee
21shall expire one year after the date of issuance. The
22Department shall issue a renewal medical cannabis organization
23registration certificate and renewal registry identification
24cards within 10 days to any person who complies with the
25requirements contained in subsection (b) of this Section.
26    (e) Inspection. Medical cannabis organizations are subject

 

 

HB0030- 29 -LRB097 03078 RLC 43111 b

1to random inspection by the Department.
2    (f) Medical cannabis organization requirements.
3        (1) A medical cannabis organization may not be located
4    within 500 feet of the property line of a preexisting
5    public or private school.
6        (2) A medical cannabis organization shall notify the
7    Department within 10 days of when a principal officer,
8    board member, agent, or employee ceases to work at the
9    medical cannabis organization.
10        (3) A medical cannabis organization shall notify the
11    Department in writing of the name, address, and date of
12    birth of any new principal officer, board member, agent, or
13    employee and shall submit a fee in an amount established by
14    the Department for a new registry identification card
15    before a new agent or employee begins working at the
16    medical cannabis organization.
17        (4) A medical cannabis organization shall implement
18    appropriate security measures to deter and prevent
19    unauthorized entrance into areas containing cannabis and
20    the theft of cannabis.
21        (5) The operating documents of a medical cannabis
22    organization shall include procedures for the oversight of
23    the medical cannabis organization and procedures to ensure
24    accurate record keeping.
25        (6) A medical cannabis organization is prohibited from
26    acquiring, possessing, cultivating, manufacturing,

 

 

HB0030- 30 -LRB097 03078 RLC 43111 b

1    delivering, transferring, transporting, supplying, or
2    dispensing cannabis for any purpose except to assist
3    registered qualifying patients with the medical use of
4    cannabis directly or through the qualifying patients'
5    other primary caregiver.
6        (7) All principal officers and board members of a
7    medical cannabis organization must be residents of the
8    State of Illinois.
9    (g) Immunity.
10        (1) No registered medical cannabis organization shall
11    be subject to prosecution, search, seizure, or penalty in
12    any manner or denied any right or privilege, including but
13    not limited to, civil penalty or disciplinary action by a
14    business, occupational, or professional licensing board or
15    entity, solely for acting in accordance with this Section
16    to assist registered qualifying patients to whom it is
17    connected through the Department's registration process
18    with the medical use of cannabis.
19        (2) No principal officers, board members, agents, or
20    employees of a registered medical cannabis organization
21    shall be subject to arrest, prosecution, search, seizure,
22    or penalty in any manner or denied any right or privilege,
23    including but not limited to civil penalty or disciplinary
24    action by a business, occupational, or professional
25    licensing board or entity, solely for working for or with a
26    medical cannabis organization in accordance with this Act.

 

 

HB0030- 31 -LRB097 03078 RLC 43111 b

1    (h) Prohibitions.
2        (1) A medical cannabis organization may not possess an
3    amount of cannabis that exceeds the total of the allowable
4    amounts of cannabis for the registered qualifying patients
5    for whom the medical cannabis organization is a registered
6    primary caregiver.
7        (2) A medical cannabis organization may not dispense,
8    deliver, or otherwise transfer cannabis to a person other
9    than a qualifying patient who has designated the medical
10    cannabis organization as a primary caregiver or to such
11    patient's primary caregiver.
12        (3) A medical cannabis organization may not obtain
13    cannabis from outside the State of Illinois.
14        (4) A person convicted of violating paragraph (2) of
15    this subsection may not be an employee, agent, principal
16    officer, or board member of any medical cannabis
17    organization, and such person's registry identification
18    card shall be immediately revoked.
19        (5) No person who has been convicted of a felony drug
20    offense may be the principal officer, board member, agent,
21    or employee of a medical cannabis organization unless the
22    Department has determined that the person's conviction was
23    for the medical use of cannabis or assisting with the
24    medical use of cannabis and issued the person a registry
25    identification card as provided under subsection (b)(3). A
26    person who is employed by or is an agent, principal

 

 

HB0030- 32 -LRB097 03078 RLC 43111 b

1    officer, or board member of a medical cannabis organization
2    in violation of this Section is guilty of a civil violation
3    punishable by a fine of up to $1,000. A subsequent
4    violation of this Section is a Class B misdemeanor.
 
5    Section 50. Repeal of Act. This Act is repealed 3 years
6after its effective date.
 
7    Section 55. Adoption of rules by the Department; 60-day
8supply for qualifying patients.
9    (a) By July 1, 2011, the Department shall adopt rules
10defining the quantity of cannabis that could reasonably be
11presumed to be a 60-day supply for qualifying patients.
12    (b) During the rule-making process, the Department shall
13make a good faith effort to include all stakeholders identified
14in the rule-making analysis as being impacted by the rule.
15    (c) Stakeholders shall include, but are not limited to:
16        (1) at least 3 physicians, one of whom must have prior
17    experience treating medical cannabis patients and another
18    who specializes in oncology;
19        (2) 2 nurses, one of whom must have prior experience
20    treating HIV/AIDS patients;
21        (3) a representative from hospice;
22        (4) a representative from the law enforcement
23    community;
24        (5) the Director of State Police or his or her

 

 

HB0030- 33 -LRB097 03078 RLC 43111 b

1    designee;
2        (6) a prosecuting attorney currently employed by the
3    State of Illinois;
4        (7) a public defender currently employed by the State
5    of Illinois;
6        (8) a defense attorney in private practice;
7        (9) a licensed phlebotomist;
8        (10) a horticulturist; and
9        (11) a representative of the business community.
 
10    Section 95. The Cannabis Control Act is amended by changing
11Section 8 as follows:
 
12    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
13    Sec. 8. (1) It is unlawful for any person knowingly to
14produce the cannabis sativa plant or to possess such plants or
15to deliver such plants unless production or possession has been
16authorized pursuant to the provisions of the Compassionate Use
17of Medical Cannabis Pilot Program Act Section 11 of the Act.
18Any person who violates this Section with respect to production
19or possession of:
20    (a) Not more than 5 plants is guilty of a Class A
21misdemeanor, except that a violation under subsection (2) of
22this Section is a Class 4 felony.
23    (b) More than 5, but not more than 20 plants, is guilty of
24a Class 4 felony, except that a violation under subsection (2)

 

 

HB0030- 34 -LRB097 03078 RLC 43111 b

1of this Section is a Class 3 felony.
2    (c) More than 20, but not more than 50 plants, is guilty of
3a Class 3 felony, except that a violation under subsection (2)
4of this Section is a Class 2 felony.
5    (d) More than 50, but not more than 200 plants, is guilty
6of a Class 2 felony, except that a violation under subsection
7(2) of this Section is a Class 1 felony, for which a fine not to
8exceed $100,000 may be imposed and for which liability for the
9cost of conducting the investigation and eradicating such
10plants may be assessed. Compensation for expenses incurred in
11the enforcement of this provision shall be transmitted to and
12deposited in the treasurer's office at the level of government
13represented by the Illinois law enforcement agency whose
14officers or employees conducted the investigation or caused the
15arrest or arrests leading to the prosecution, to be
16subsequently made available to that law enforcement agency as
17expendable receipts for use in the enforcement of laws
18regulating controlled substances and cannabis. If such seizure
19was made by a combination of law enforcement personnel
20representing different levels of government, the court levying
21the assessment shall determine the allocation of such
22assessment. The proceeds of assessment awarded to the State
23treasury shall be deposited in a special fund known as the Drug
24Traffic Prevention Fund.
25    (e) More than 200 plants is guilty of a Class 1 felony,
26except that a violation under subsection (2) of this Section is

 

 

HB0030- 35 -LRB097 03078 RLC 43111 b

1a Class X felony, for which a fine not to exceed $100,000 may
2be imposed and for which liability for the cost of conducting
3the investigation and eradicating such plants may be assessed.
4Compensation for expenses incurred in the enforcement of this
5provision shall be transmitted to and deposited in the
6treasurer's office at the level of government represented by
7the Illinois law enforcement agency whose officers or employees
8conducted the investigation or caused the arrest or arrests
9leading to the prosecution, to be subsequently made available
10to that law enforcement agency as expendable receipts for use
11in the enforcement of laws regulating controlled substances and
12cannabis. If such seizure was made by a combination of law
13enforcement personnel representing different levels of
14government, the court levying the assessment shall determine
15the allocation of such assessment. The proceeds of assessment
16awarded to the State treasury shall be deposited in a special
17fund known as the Drug Traffic Prevention Fund.
18    (2) Any person authorized pursuant to the provisions of the
19Compassionate Use of Medical Cannabis Pilot Program Act to
20produce or possess the cannabis sativa plant, who knowingly
21produces the cannabis sativa plant or possesses such plants or
22delivers such plants except as provided for in the
23Compassionate Use of Medical Cannabis Pilot Program Act, is
24guilty of violating this Section. Any violation of this
25subsection (2) shall be punished according to the number of
26plants involved in the violation as provided in subsection (1)

 

 

HB0030- 36 -LRB097 03078 RLC 43111 b

1of this Section.
2    (3) Any registered qualifying patient or registered
3primary caregiver who distributes cannabis to someone who is
4not allowed to use cannabis is subject to a penalty enhancement
5of not more than 2 years in prison or a fine of not more than
6$2,000, or both, for abuse of the Compassionate Use of Medical
7Cannabis Pilot Program Act.
8(Source: P.A. 95-247, eff. 1-1-08.)
 
9    (720 ILCS 550/11 rep.)
10    (720 ILCS 550/15 rep.)
11    Section 96. The Cannabis Control Act is amended by
12repealing Sections 11 and 15.
 
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.

 

 

HB0030- 37 -LRB097 03078 RLC 43111 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    720 ILCS 550/8from Ch. 56 1/2, par. 708
5    720 ILCS 550/11 rep.
6    720 ILCS 550/15 rep.

 

 

HB0030- 38 -LRB097 03078 RLC 43111 b

1 INDEX
2 Statutes amended in order of appearance
3    See Index