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

HB0030ham001 97TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 3/8/2011

 

 


 

 


 
09700HB0030ham001LRB097 03078 RLC 52268 a

1
AMENDMENT TO HOUSE BILL 30

2    AMENDMENT NO. ______. Amend House Bill 30 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Compassionate Use of Medical Cannabis Pilot Program Act.
 
6    Section 5. Findings.
7    (a) The recorded use of cannabis as a medicine goes back
8nearly 5,000 years. Modern medical research has confirmed the
9beneficial uses of cannabis in treating or alleviating the
10pain, nausea, and other symptoms associated with a variety of
11debilitating medical conditions, including cancer, multiple
12sclerosis, and HIV/AIDS, as found by the National Academy of
13Sciences' Institute of Medicine in March 1999.
14    (b) Studies published since the 1999 Institute of Medicine
15report continue to show the therapeutic value of cannabis in
16treating a wide array of debilitating medical conditions. These

 

 

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1include relief of the neuropathic pain caused by multiple
2sclerosis, HIV/AIDS, and other illnesses that often fail to
3respond to conventional treatments and relief of nausea,
4vomiting, and other side effects of drugs used to treat
5HIV/AIDS and hepatitis C, increasing the chances of patients
6continuing on life-saving treatment regimens.
7    (c) Cannabis has many currently accepted medical uses in
8the United States, having been recommended by thousands of
9licensed physicians to at least 600,000 patients in states with
10medical cannabis laws. The medical utility of cannabis is
11recognized by a wide range of medical and public health
12organizations, including the American Academy of HIV Medicine,
13the American College of Physicians, the American Nurses
14Association, the American Public Health Association, the
15Leukemia & Lymphoma Society, and many others.
16    (d) Data from the Federal Bureau of Investigation's Uniform
17Crime Reports and the Compendium of Federal Justice Statistics
18show that approximately 99 out of every 100 cannabis arrests in
19the U.S. are made under State law, rather than under federal
20law. Consequently, changing State law will have the practical
21effect of protecting from arrest the vast majority of seriously
22ill patients who have a medical need to use cannabis.
23    (e) Alaska, Arizona, California, Colorado, Hawaii, Maine,
24Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,
25Vermont, Rhode Island, Washington State, and Washington, D.C.
26have removed state-level criminal penalties from the medical

 

 

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1use and cultivation of cannabis. Illinois joins in this effort
2for the health and welfare of its citizens.
3    (f) States are not required to enforce federal law or
4prosecute people for engaging in activities prohibited by
5federal law. Therefore, compliance with this act does not put
6the state of Illinois in violation of federal law.
7    (g) State law should make a distinction between the medical
8and non-medical uses of cannabis. Hence, the purpose of this
9Act is to protect patients with debilitating medical
10conditions, as well as their physicians and providers, from
11arrest and prosecution, criminal and other penalties, and
12property forfeiture if such patients engage in the medical use
13of cannabis.
 
14    Section 10. Definitions. The following terms, as used in
15this Act, shall have the meanings set forth in this Section:
16    (a) "Adequate supply" means:
17        (1) 2.5 ounces of usable cannabis during a period of 14
18    days and that is derived solely from an intrastate source;
19        (2) Subject to the rules of the Department, a patient
20    may apply for a waiver where a physician provides a
21    substantial medical basis in a signed, written statement
22    asserting that, based on the patient's medical history, in
23    the physician's professional judgment, 2.5 ounces is an
24    insufficient adequate supply for a 14-day period to
25    properly alleviate the patient's debilitating medical

 

 

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1    condition or symptoms associated with the debilitating
2    medical condition.
3    (b) "Cannabis" has the meaning given that term in Section 3
4of the Cannabis Control Act.
5    (c) "Cardholder" means a qualifying patient or a designated
6caregiver who has been issued and possesses a valid registry
7identification card.
8    (d) "Debilitating medical condition" means one or more of
9the following:
10        (1) cancer, glaucoma, positive status for human
11    immunodeficiency virus, acquired immune deficiency
12    syndrome, hepatitis C, amyotrophic lateral sclerosis,
13    Crohn's disease, agitation of Alzheimer's disease, or the
14    treatment of these conditions:
15        (2) a chronic or debilitating disease or medical
16    condition or its treatment that produces one or more of the
17    following: cachexia or wasting syndrome; seizures,
18    including but not limited to those characteristic of
19    epilepsy; or severe and persistent muscle spasms,
20    including but not limited to those characteristic of
21    multiple sclerosis;
22        (3) a debilitating disease or medical condition or its
23    treatment that produces intractable pain, which is severe,
24    debilitating pain that did not respond to other reasonable
25    medical efforts for a reasonable period of time, including
26    cases where other treatment options produced serious side

 

 

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1    effects;
2        (4) a debilitating disease or medical condition or its
3    treatment that produces severe, debilitating nausea that
4    did not respond to other reasonable medical efforts for a
5    reasonable period of time, including cases where other
6    treatment options produced serious side effects; or
7        (5) any other debilitating medical condition or its
8    treatment added by the Department, as provided for in
9    subsection (d) of Section 10.
10    (e) "Department" means the Department of Public Health or
11its successor agency.
12    (f) "Designated caregiver" means a person who:
13        (1) is at least 21 years of age;
14        (2) has agreed to assist with a patient's medical use
15    of cannabis;
16        (3) has not been convicted of an excluded offense; and
17        (4) assists no more than one qualifying patient with
18    his or her medical use of cannabis.
19    (g) "Enclosed, locked facility" means a closet, room,
20greenhouse, building, or other enclosed area equipped with
21locks or other security devices that permit access only by a
22nonprofit medical cannabis organization's agents working for
23the registered nonprofit medical cannabis organization to
24cultivate the plants for a registered qualifying patient.
25    (h) "Excluded offense" means:
26        (1) a violent crime defined in Section 3 of the Rights

 

 

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1    of Crime Victims and Witnesses Act or a substantially
2    similar offense that was classified as a felony in the
3    jurisdiction where the person was convicted; or
4        (2) a violation of a state or federal controlled
5    substance law that was classified as a felony in the
6    jurisdiction where the person was convicted, except that
7    the Department shall waive this restriction if the person
8    demonstrates to the Department's satisfaction that his or
9    her conviction was for the possession, cultivation,
10    transfer, or delivery of a reasonable amount of cannabis
11    intended for medical use. This exception shall not apply if
12    the conviction was under state law and involved a violation
13    of an existing medical cannabis law.
14    (i) "Nonprofit medical cannabis organization agent" means
15a principal officer, board member, employee, or agent of a
16registered nonprofit medical cannabis organization who is 21
17years of age or older and has not been convicted of an excluded
18offense.
19    (j) "Nonprofit medical cannabis organization agent
20identification card" means a document issued by the Department
21that identifies a person as a nonprofit medical cannabis
22organization agent.
23    (k) "Medical use" means the acquisition; administration;
24delivery; possession; transportation; transfer;
25transportation; or use of cannabis or paraphernalia relating to
26the administration of cannabis to treat or alleviate a

 

 

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1registered qualifying patient's debilitating medical condition
2or symptoms associated with the patient's debilitating medical
3condition.
4    (l) "Physician" means a doctor of medicine or doctor of
5osteopathy licensed under the Medical Practice Act of 1987 to
6practice medicine in all its branches who has the authority to
7prescribe drugs to humans under Article III of the Illinois
8Controlled Substances Act. It does not include a licensed
9practitioner under any other Act including but not limited to
10the Illinois Dental Practice Act. In relation to a visiting
11qualifying patient, "physician" means a person who is licensed
12as a doctor of medicine or doctor of osteopathy who with
13authority to prescribe drugs to humans in the state of the
14patient's residence.
15    (m) "Qualifying patient" means a person who has been
16diagnosed by a physician as having a debilitating medical
17condition.
18    (n) "Reasonable medical efforts" means a course of
19treatment that is generally accepted in the medical community
20and conforms with the proper standard of care.
21    (o) "Registered nonprofit medical cannabis organization"
22means a not-for-profit entity registered pursuant to Section 65
23that acquires, possesses, cultivates, manufactures, delivers,
24transfers, transports, sells, supplies, or dispenses cannabis,
25paraphernalia, or related supplies and educational materials
26to registered qualifying patients. A nonprofit medical

 

 

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1cannabis organization may receive payment for all expenses
2incurred in its operation.
3    (p) "Registry identification card" means a document issued
4by the Department that identifies a person as a registered
5qualifying patient or registered designated caregiver.
6    (q) "Usable cannabis" means the flowers of the cannabis
7plant and any mixture or preparation thereof, but does not
8include the seeds, stalks, and roots of the plant. It does not
9include the weight of any non-cannabis ingredients combined
10with cannabis, such as ingredients added to prepare a topical
11administration, food, or drink.
12    (r) "Verification system" means a Web-based system
13established and maintained by the Department that is available
14to law enforcement personnel and nonprofit medical cannabis
15organization agents on a 24-hour basis for the verification of
16registry identification cards.
17    (s) "Verifying physician" means a doctor of medicine or
18doctor of osteopathy licensed under the Medical Practice Act of
191987 to practice medicine in all its branches who has the
20authority to prescribe drugs to humans under Article III of the
21Illinois Controlled Substances Act who has been consulted to
22verify a primary physician's diagnosis under clauses (2), (3),
23and (4) of subsection (d) of this Section.
24    (t) "Visiting qualifying patient" means a person who:
25        (1) has been diagnosed with a debilitating medical
26    condition;

 

 

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1        (2) possesses a valid registry identification card, or
2    its equivalent, that was issued pursuant to the laws of
3    another state, district, territory, commonwealth, insular
4    possession of the United States, or country recognized by
5    the United States that allows the person to use cannabis
6    for medical purposes in the jurisdiction of issuance; and
7        (3) is not a resident of Illinois and has been visiting
8    Illinois for 30 days or less or who has been a resident of
9    Illinois for less than 30 days.
10    (u) "Written certification" means a document dated and
11signed by a physician, stating (1) that in the physician's
12professional opinion the patient is likely to receive
13therapeutic or palliative benefit from the medical use of
14cannabis to treat or alleviate the patient's debilitating
15medical condition or symptoms associated with the debilitating
16medical condition; (2) that the qualifying patient has a
17debilitating medical condition and specifying what
18debilitating medical condition the qualifying patient has; and
19(3) that the patient is under the physician's care for the
20debilitating medical condition. A written certification shall
21be made only in the course of a bona fide physician-patient
22relationship, after the physician has completed an assessment
23of the qualifying patient's medical history upon a complete
24review of records related to the patient's debilitating
25condition and conducted a physical exam. A bona fide
26physician-patient relationship under this subsection is a

 

 

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1privileged communication within the meaning of Section 8-802 of
2the Code of Civil Procedure.
 
3    Section 15. Protections for the medical use of cannabis.
4    (a) A registered qualifying patient shall not be subject to
5arrest, prosecution, or denial of any right or privilege,
6including but not limited to civil penalty or disciplinary
7action by an occupational or professional licensing board, for
8the medical use of cannabis in accordance with this Act, if the
9registered qualifying patient possesses an amount of cannabis
10that does not exceed an adequate supply as defined in
11subsection (a) of Section 10 of this Act of usable cannabis.
12    (b) A registered designated caregiver shall not be subject
13to arrest, prosecution, or denial of any right or privilege,
14including but not limited to civil penalty or disciplinary
15action by an occupational or professional licensing board, for
16acting in accordance with this Act to assist a registered
17qualifying patient to whom he or she is connected through the
18Department's registration process with the medical use of
19cannabis if the designated caregiver possesses an amount of
20cannabis that does not exceed an adequate supply as defined in
21subsection (a) of Section 10 of this Act of usable cannabis.
22The total amount possessed between the qualifying patient and
23caregiver shall not exceed the patient's adequate supply as
24defined in subsection (a) of Section 10 of this Act.
25    (c)(1) A visiting qualifying patient shall not be subject

 

 

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1to arrest, prosecution, or denial of any right or privilege,
2including but not limited to civil penalty or disciplinary
3action by an occupational or professional licensing board, for
4the medical use of cannabis pursuant to this Act if the
5visiting qualifying patient does not possess more than an
6adequate supply of usable cannabis. A visiting qualifying
7patient may not purchase cannabis from a nonprofit medical
8dispensary until he or she receives a written certification
9from an Illinois physician and an Illinois registry card as
10provided for under this Act.
11    (2) If a person in possession of no more than an adequate
12supply of usable cannabis claims to be a visiting qualifying
13patient, but the law enforcement agent is not able to verify
14the registry identification card or its equivalent or that the
15person has been in the state for 30 days or less, the agent may
16issue the visiting qualifying patient a summons for possession
17of cannabis. The summons shall be dismissed if the person
18demonstrates his or her status as a visiting qualifying
19patient.
20    (d) A registered qualifying patient, visiting qualifying
21patient, or registered designated caregiver shall not be
22subject to arrest, prosecution, or denial of any right or
23privilege, including but not limited to civil penalty or
24disciplinary action by a occupational or professional
25licensing board for possession of cannabis that is incidental
26to medical use, but is not usable cannabis as defined in this

 

 

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1Act;
2    (e)(1) There shall be a rebuttable presumption that a
3qualifying patient is engaged in, or a designated caregiver is
4assisting with, the medical use of cannabis in accordance with
5this Act if the qualifying patient or designated caregiver:
6        (A) is in possession of a valid registry identification
7    card; and
8        (B) is in possession of an amount of cannabis that does
9    not exceed the amount allowed under subsection (a) of
10    Section 10.
11    (2) The presumption may be rebutted by evidence that
12conduct related to cannabis was not for the purpose of treating
13or alleviating the qualifying patient's debilitating medical
14condition or symptoms associated with the debilitating medical
15condition in compliance with this Act.
16    (f) A physician shall not be subject to arrest,
17prosecution, or penalty in any manner, or denied any right or
18privilege, including but not limited to civil penalty or
19disciplinary action by the Medical Disciplinary Board or by any
20other occupational or professional licensing board, solely for
21providing written certifications or for otherwise stating
22that, in the physician's professional opinion, a patient is
23likely to receive therapeutic or palliative benefit from the
24medical use of cannabis to treat or alleviate the patient's
25debilitating medical condition or symptoms associated with the
26debilitating medical condition, provided that nothing shall

 

 

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1prevent a professional licensing board from sanctioning a
2physician for:
3        (1) issuing a written certification to a patient who is
4    not under the physician's care for a debilitating medical
5    condition; or
6        (2) failing to properly evaluate a patient's medical
7    condition or otherwise violating the standard of care for
8    evaluating medical conditions.
9    (g) No person may be subject to arrest, prosecution, or
10denial of any right or privilege, including but not limited to
11civil penalty or disciplinary action by an occupational or
12professional licensing board, solely for:
13        (1) selling cannabis paraphernalia to a cardholder
14    upon presentation of an unexpired registry identification
15    card in the recipient's name;
16        (2) being in the presence or vicinity of the medical
17    use of cannabis as allowed under this Act; or
18        (3) assisting a registered qualifying patient with the
19    act of administering cannabis.
20    (h) A verifying physician shall not be subject to arrest,
21prosecution, or penalty in any manner, or denied any right or
22privilege, including but not limited to civil penalty or
23disciplinary action by the Medical Disciplinary Board or by any
24other occupational or professional licensing board solely for
25providing a second opinion concerning a patient's disease,
26condition, or symptoms under clauses (2), (3), and (4) of

 

 

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1subsection (d) of Section 10.
2    (i) A nonprofit registered nonprofit medical cannabis
3organization shall not be subject to prosecution; search or
4inspection, except by the Department pursuant to subsection (r)
5of Section 90; seizure; or penalty in any manner, or be denied
6any right or privilege, including but not limited to civil
7penalty or disciplinary action by a business licensing board or
8entity, for acting pursuant to this Act and Department rules
9to: acquire, possess, cultivate, manufacture, deliver,
10transfer, transport, supply, sell, or dispense cannabis or
11related supplies and educational materials to registered
12qualifying patients who have designated the medical cannabis
13organization to provide for them, to registered designated
14caregivers on behalf of the registered qualifying patients who
15have designated the registered nonprofit medical cannabis
16organization.
17    (j) A nonprofit medical cannabis organization agent shall
18not be subject to prosecution, search, or penalty in any
19manner, or be denied any right or privilege, including but not
20limited to civil penalty or disciplinary action by a business
21licensing board or entity, for working or volunteering for a
22registered nonprofit medical cannabis organization pursuant to
23this Act and Department rules, including to perform the actions
24listed under subsection (i).
25    (k) Any cannabis, cannabis paraphernalia, licit property,
26or interest in licit property that is possessed, owned, or used

 

 

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1in connection with the medical use of cannabis as allowed under
2this Act, or acts incidental to such use, shall not be seized
3or forfeited. This Act shall not prevent the seizure or
4forfeiture of cannabis exceeding the amounts allowed under this
5Act, nor shall it prevent seizure or forfeiture if the basis
6for the action is unrelated to the cannabis that is possessed,
7manufactured, transferred, or used pursuant to this Act.
8    (l) Mere possession of, or application for, a registry
9identification card or registration certificate shall not
10constitute probable cause or reasonable suspicion, nor shall it
11be used as the sole basis to support the search of the person,
12property, or home of the person possessing or applying for the
13registry identification card. The possession of, or
14application for, a registry identification card shall not
15preclude the existence of probable cause if probable cause
16exists on other grounds.
 
17    Section 20. Limitations and penalties.
18    (a) This Act shall not permit any person to engage in, and
19does not prevent the imposition of any civil, criminal, or
20other penalties for engaging in, the following conduct:
21        (1) Undertaking any task under the influence of
22    cannabis, when doing so would constitute negligence or
23    professional malpractice;
24        (2) Possessing cannabis, or otherwise engaging in the
25    medical use of cannabis:

 

 

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1            (A) in a school bus;
2            (B) on the grounds of any preschool or primary or
3        secondary school; or
4            (C) in any correctional facility.
5        (3) Smoking cannabis:
6            (A) on any form of public transportation; or
7            (B) in any public place.
8        (4) Operating, navigating, or being in actual physical
9    control of any motor vehicle, aircraft, or motorboat while
10    under the influence of cannabis in violation of Sections
11    11-501 and 11-501.9 of the Illinois Vehicle Code.
12        (5) Using cannabis if that person does not have a
13    debilitating medical condition.
14        (6) Allowing any person who is not allowed to use
15    cannabis under this Act to use cannabis that a cardholder
16    is allowed to possess pursuant to this Act.
17        (7) Transferring cannabis to any person who is not
18    allowed to possess cannabis under this Act.
19    (b) Nothing in this Act shall be construed to prevent the
20arrest or prosecution of a registered qualifying patient for
21reckless driving or driving under the influence of cannabis
22where probable cause exists.
23    (c) This Act shall in no way limit an employer's ability to
24discipline an employee for ingesting cannabis in the workplace
25or for working while under the influence of cannabis. This Act
26shall in no way limit an employer's ability to discipline an

 

 

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1employee for failing a drug test if failing to do so would put
2the employer in violation of federal law or cause it to lose a
3federal contract or funding.
4    (d) Notwithstanding all other criminal penalties related
5to the unlawful possession of cannabis, fraudulent
6representation to a law enforcement official of any fact or
7circumstance relating to the medical use of cannabis to avoid
8arrest or prosecution is a petty offense punishable by a fine
9of up to $1,000, which shall be in addition to any other
10penalties that may apply for making a false statement or for
11the use of cannabis other than use undertaken pursuant to this
12Act.
13    (e) Notwithstanding all other criminal penalties related
14to the unlawful possession of cannabis, any person who
15fraudulently represents a medical condition to a physician or
16fraudulently provides material misinformation to a physician
17in order to obtain written certification is guilty of a petty
18offense punishable by a fine of up to $1,000.
19    (f) Any cardholder who sells cannabis to a person who is
20not allowed to possess cannabis for medical purposes under this
21Act shall have his or her registry identification card revoked
22and shall be subject to other penalties for the unauthorized
23sale of cannabis.
 
24    Section 25. Discrimination prohibited.
25    (a)(1) No school, employer, or landlord may refuse to

 

 

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1enroll or lease to, or otherwise penalize, a person solely for
2his or her status as a registered qualifying patient or a
3registered designated caregiver, unless failing to do so would
4put the school, employer, or landlord in violation of federal
5law or unless failing to do so would cause it to lose a
6monetary or licensing-related benefit under federal law or
7rules. This shall not prevent a landlord from prohibiting the
8smoking of cannabis on the premises.
9    (2) For the purposes of medical care, including organ
10transplants, a registered qualifying patient's authorized use
11of cannabis in accordance with this Act shall be considered the
12equivalent of the authorized use of any other medication used
13at the direction of a physician, and shall not constitute the
14use of an illicit substance or otherwise disqualify a
15qualifying patient from needed medical care.
16    (b) A person otherwise entitled to custody of or visitation
17or parenting time with a minor shall not be denied such a
18right, and there shall be no presumption of neglect or child
19endangerment, for conduct allowed under this Act, unless the
20person's actions in relation to cannabis were such that they
21created an unreasonable danger to the safety of the minor as
22established by clear and convincing evidence.
23    (c) No school, landlord, or employer may be penalized or
24denied any benefit under state law for enrolling, leasing to,
25or employing a cardholder.
 

 

 

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1    Section 30. Addition of debilitating medical conditions.
2Any citizen may petition the Department to add debilitating
3conditions or treatments to the list of debilitating medical
4conditions listed in subsection (d) of Section 10. The
5Department shall consider petitions in the manner required by
6Department rule, including public notice and hearing. The
7Department shall approve or deny a petition within 180 days of
8its submission. The approval or denial of any petition is a
9final decision of the Department, subject to judicial review.
10Jurisdiction and venue are vested in the Circuit Court.
 
11    Section 35. Acts not required; acts not prohibited.
12    (a) Nothing in this Act may be construed to require:
13        (1) a government medical assistance program or private
14    health insurer to reimburse a person for costs associated
15    with the medical use of cannabis;
16        (2) any person or establishment in lawful possession of
17    property to allow a guest, client, customer, or other
18    visitor to smoke cannabis on or in that property; or
19        (3) an employer to allow the ingestion of cannabis in
20    any workplace or to allow any employee to work while under
21    the influence of cannabis. However, such employee shall not
22    be considered under the influence solely where the presence
23    of cannabis in the blood and urine is below the limits set
24    in subsection (b) of Section 11-501.9 of the Illinois
25    Vehicle Code.

 

 

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1    (b) Nothing in this Act prohibits an employer adopting
2reasonable rules concerning the consumption, storage, or
3timekeeping requirements for qualified patients related to the
4medical use of cannabis. Nothing in this Act shall prohibit an
5employer from disciplining an employee for ingesting cannabis
6in the workplace, working while under the influence of
7cannabis, or for otherwise violating the proper standard of
8care.
9    (c) Nothing in this Act shall be construed to interfere
10with any federal restrictions on employment including but not
11limited to the United States Department of Transportation
12regulation 49 CFR 40.151(e).
 
13    Section 40. Registration of qualifying patients and
14designated caregivers.
15    (a) The Department shall issue registry identification
16cards to qualifying patients who submit the following, in
17accordance with the Department's rules:
18        (1) a written certification, on a form developed by the
19    Department and issued by a physician, within 90 days
20    immediately preceding the date of an application;
21        (2) upon the execution of applicable privacy waivers,
22    the patient's medical documentation related to his or her
23    debilitating condition and any other information that may
24    be reasonably required by the Department to confirm that
25    the physician and patient have a bona fide

 

 

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1    physician-patient relationship, that the qualifying
2    patient is in the physician's care for his or her
3    debilitating medical condition, and to substantiate the
4    patient's diagnosis;
5        (3) if the patient is applying under paragraph (2),(3),
6    and (4) of subsection (d) of Section 10, written
7    documentation from a verifying physician that verifies the
8    primary physician's diagnosis;
9        (4) the application or renewal fee;
10        (5) the name, address, and date of birth of the
11    qualifying patient, except that if the applicant is
12    homeless no address is required;
13        (6) the name, address, and telephone number of the
14    qualifying patient's physician;
15        (7) the name, address, and date of birth of the
16    designated caregiver, if any, chosen by the qualifying
17    patient;
18        (8) the name of the registered nonprofit medical
19    cannabis organization the qualifying patient designates;
20    and
21        (9) signed statements from the patient and designated
22    caregiver asserting that they will not divert medical
23    cannabis.
 
24    Section 45. Issuance of registry identification cards.
25    (a) Except as provided in subsection (b), the Department

 

 

09700HB0030ham001- 22 -LRB097 03078 RLC 52268 a

1shall:
2        (1) Verify the information contained in an application
3    or renewal submitted pursuant to this Act, and approve or
4    deny an application or renewal, within 30 days of receiving
5    a completed application or renewal application.
6        (2) Issue registry identification cards to a
7    qualifying patient and his or her designated caregiver, if
8    any, within 5 days of approving the application or renewal.
9        (3) Enter the registry identification number of the
10    registered nonprofit medical cannabis organization the
11    patient designates into the verification system.
12    (b) The Department shall not issue a registry
13identification card to a qualifying patient who is younger than
1418 years of age unless:
15        (1) the qualifying patient's physician has explained
16    the potential risks and benefits of the medical use of
17    cannabis to the custodial parent or legal guardian with
18    responsibility for health care decisions for the
19    qualifying patient; and
20        (2) the custodial parent or legal guardian with
21    responsibility for health care decisions for the
22    qualifying patient consents in writing to:
23            (A) allow the qualifying patient's medical use of
24        cannabis;
25            (B) serve as the qualifying patient's designated
26        caregiver; and

 

 

09700HB0030ham001- 23 -LRB097 03078 RLC 52268 a

1            (C) control the acquisition of the cannabis, the
2        dosage, and the frequency of the medical use of
3        cannabis by the qualifying patient.
4    (c) The registry identification card of or its equivalent
5that is issued under the laws of another state, district,
6territory, commonwealth, or insular possession of the United
7States that allows that visiting qualifying patient to possess
8or use medical cannabis shall not authorize a visiting
9qualifying patient to obtain cannabis from a registered
10nonprofit medical cannabis dispensary.
11    (d) A veteran who has received treatment at a VA hospital
12may have a bona fide physician-patient relationship so long as
13the doctor has taken over an aspect of care related to the
14debilitating condition and the patient meets all other
15statutory requirements. All reasonable inferences regarding
16the existence of a bona fide physician-patient relationship
17shall be drawn in favor of any applicant who is a veteran and
18has undergone treatment at a VA hospital.
19    (e) Upon the approval of the registration and issuance of a
20registry card under this Section, the Department shall forward
21the patient's drivers license number to the Secretary of State
22and certify that the individual is permitted to engage in the
23medical use of cannabis. For the purposes of law enforcement,
24the Secretary of State shall make a notation on the person's
25driving record stating the person is a qualified patient who is
26entitled to the lawful medical use of cannabis. If the person

 

 

09700HB0030ham001- 24 -LRB097 03078 RLC 52268 a

1no longer holds a valid registry card, the Department shall
2notify the Secretary of State and the Secretary of State shall
3remove the notation from the person's driving record. The
4Department and the Secretary of State may establish a system by
5which such information may be shared electronically.
 
6    Section 50. Denial of registry identification cards.
7    (a) The Department may deny an application or renewal of a
8qualifying patient's registry identification card only if the
9applicant:
10        (1) did not provide the required information and
11    materials;
12        (2) previously had a registry identification card
13    revoked;
14        (3) did not meet the requirements of this Act; or
15        (4) provided false or falsified information.
16    (b) The Department may deny an application or renewal for a
17designated caregiver chosen by a qualifying patient whose
18registry identification card was granted only if:
19        (1) the designated caregiver does not meet the
20    requirements of subsection (i) of Section 10;
21        (2) the applicant did not provide the information
22    required;
23        (3) the prospective patient's application was denied;
24        (4) the designated caregiver previously had a registry
25    identification card revoked; or

 

 

09700HB0030ham001- 25 -LRB097 03078 RLC 52268 a

1        (5) the applicant or the designated caregiver provided
2    false or falsified information.
3    (c) The Department shall conduct a background check of the
4prospective designated caregiver in order to carry out this
5provision. Each person applying as a designated caregiver shall
6submit a full set of fingerprints to the Department for the
7purpose of obtaining a state and federal criminal records
8check. The Department may exchange this data with the Federal
9Bureau of Investigation without disclosing that the records
10check is related to this Act. The Department shall destroy each
11set of fingerprints after the criminal records check is
12completed.
13    (d) The Department shall notify the qualifying patient who
14has designated someone to serve as his or her designated
15caregiver if a registry identification card will not be issued
16to the designated caregiver.
17    (e) Denial of an application or renewal is considered a
18final Department action, subject to judicial review.
19Jurisdiction and venue for judicial review are vested in the
20Circuit Court.
 
21    Section 55. Registry identification cards. A qualifying
22patient or designated caregiver must keep their registry
23identification card in their possession at all times when
24engaging in the medical use of cannabis.
25    (a) Registry identification cards shall contain all of the

 

 

09700HB0030ham001- 26 -LRB097 03078 RLC 52268 a

1following:
2        (1) the name of the cardholder;
3        (2) a designation of whether the cardholder is a
4    designated caregiver or qualifying patient;
5        (3) the date of issuance and expiration date of the
6    registry identification card;
7        (4) a random 10-digit alphanumeric identification
8    number, containing at least 4 numbers and at least 4
9    letters, that is unique to the cardholder;
10        (5) if the cardholder is a designated caregiver, the
11    random 10-digit alphanumeric identification number of the
12    qualifying patient the designated caregiver is receiving
13    the registry identification card to assist; and
14        (6) a photograph of the cardholder, if the Department's
15    rules require one.
16    (b) Except as provided in this subsection, the expiration
17date shall be one year after the date of issuance.
18    (c) The Department may, at its discretion, electronically
19store in the card any or all of the information listed in
20subsection (a), along with the address and date of birth of the
21cardholder, to allow it to be read by law enforcement agents.
 
22    Section 60. Notifications to Department and responses;
23civil penalty.
24    (a) The following notifications and Department responses
25are required:

 

 

09700HB0030ham001- 27 -LRB097 03078 RLC 52268 a

1        (1) A registered qualifying patient shall notify the
2    Department of any change in his or her name or address, or
3    if the registered qualifying patient ceases to have his or
4    her debilitating medical condition, within 10 days of the
5    change.
6        (2) A registered designated caregiver shall notify the
7    Department of any change in his or her name or address, or
8    if the designated caregiver becomes aware the qualifying
9    patient passed away, within 10 days of the change.
10        (3) Before a registered qualifying patient changes his
11    or her designated caregiver, the qualifying patient must
12    notify the Department.
13        (4) If a cardholder loses his or her registry
14    identification card, he or she shall notify the Department
15    within 10 days of becoming aware the card has been lost.
16    (b) When a cardholder notifies the Department of items
17listed in subsection (a), but remains eligible under this Act,
18the Department shall issue the cardholder a new registry
19identification card with a new random 10-digit alphanumeric
20identification number within 10 days of receiving the updated
21information and a $20 fee. If the person notifying the
22Department is a registered qualifying patient, the Department
23shall also issue his or her registered designated caregiver, if
24any, a new registry identification card within 10 days of
25receiving the updated information.
26    (c) If a registered qualifying patient ceases to be a

 

 

09700HB0030ham001- 28 -LRB097 03078 RLC 52268 a

1registered qualifying patient or changes his or her registered
2designated caregiver, the Department shall promptly notify the
3designated caregiver. The registered designated caregiver's
4protections under this Act as to that qualifying patient shall
5expire 15 days after notification by the Department.
6    (d) A cardholder who fails to make a notification to the
7Department that is required by this Section is subject to a
8civil infraction, punishable by a penalty of no more than $150.
9    (e) A registered qualifying patient shall notify the
10Department before changing his or her designated registered
11nonprofit medical cannabis organization and pay a $20 fee. The
12Department must, within 5 business days of receiving the
13notification, update the registered qualifying patient's entry
14in the identification registry system to reflect the change in
15designation and notify the patient that the change has been
16processed.
17    (f) If the registered qualifying patient's certifying
18physician notifies the Department in writing that either the
19registered qualifying patient has ceased to suffer from a
20debilitating medical condition or that the physician no longer
21believes the patient would receive therapeutic or palliative
22benefit from the medical use of cannabis, the card shall become
23null and void. However, the registered qualifying patient shall
24have 15 days to destroy his or her remaining medical cannabis
25and related paraphernalia.
 

 

 

09700HB0030ham001- 29 -LRB097 03078 RLC 52268 a

1    Section 65. Registration of nonprofit medical cannabis
2organization.
3    (a) Nonprofit medical cannabis organizations may only
4operate if they have been issued a valid registration
5certificate from the Department. When applying for a nonprofit
6medical cannabis organization registration certificate, the
7applicant shall submit the following in accordance with
8Department rules:
9        (1) A $10,000 application fee and a $1,000 fee for
10    application renewals. Such fees may be adjusted subject to
11    the discretion of the Department.
12        (2) The proposed legal name of the medical cannabis
13    organization.
14        (3) The proposed physical address of the medical
15    cannabis organization.
16        (4) If the nonprofit medical cannabis organization
17    proposes additional locations where cannabis will be
18    cultivated, harvested, packaged, labeled, or otherwise
19    prepared for distribution by the medical cannabis
20    organization, the physical address. In such case that the
21    cannabis will be cultivated at any other location than
22    listed in paragraph (3), the medical cannabis organization
23    shall apply for a variance which is subject to the
24    discretion of the Department.
25        (5) The name, address, and date of birth of each
26    principal officer and board member of the medical cannabis

 

 

09700HB0030ham001- 30 -LRB097 03078 RLC 52268 a

1    organization, provided that all such individuals shall be
2    at least 21 years of age.
3        (6) Any instances in which a business or not-for-profit
4    that any of the prospective board members managed or served
5    on the board of was convicted, fined, censured, or had a
6    registration or license suspended or revoked in any
7    administrative or judicial proceeding.
8        (7) Proposed operating by-laws that include procedures
9    for the oversight of the nonprofit medical cannabis
10    organization and procedures to ensure accurate record
11    keeping and security measures that are in accordance with
12    the rules issued by the Department pursuant to this Act.
13    The by-laws shall include a description of the enclosed,
14    locked facility where medical cannabis will be grown,
15    cultivated, harvested, packaged, labeled, or otherwise
16    prepared for distribution by the medical cannabis
17    organization.
18        (8) Signed statements from each nonprofit medical
19    cannabis organization agent stating that they will not
20    divert medical cannabis.
21        (9) The Department shall conduct a background check of
22    the prospective nonprofit medical cannabis organization
23    agents in order to carry out this provision. Each person
24    applying as a nonprofit medical cannabis organization
25    agent shall submit a full set of fingerprints to the
26    department for the purpose of obtaining a state and federal

 

 

09700HB0030ham001- 31 -LRB097 03078 RLC 52268 a

1    criminal records check. The Department may exchange this
2    data with the Federal Bureau of Investigation without
3    disclosing that the records check is related to this Act.
4    The Department shall destroy each set of fingerprints after
5    the criminal records check is completed.
6    (b) An application for a medical cannabis organization
7registration certificate must be denied if any of the following
8conditions are met:
9        (A) the applicant failed to submit the materials
10    required by this Section, including if the applicant's
11    plans do not satisfy the security, oversight, or
12    recordkeeping rules issued by the Department;
13        (B) the applicant would not be in compliance with local
14    zoning rules issued in accordance with Section 80;
15        (C) the applicant does not meet the requirements of
16    Section 90;
17        (D) one or more of the prospective principal officers
18    or board members has been convicted of an excluded offense;
19        (E) one or more of the prospective principal officers
20    or board members has served as a principal officer or board
21    member for a registered nonprofit medical cannabis
22    organization that has had its registration certificate
23    revoked; and
24        (F) one or more of the principal officers or board
25    members is younger than 21 years of age.
26    (c) After a medical cannabis organization is approved, but

 

 

09700HB0030ham001- 32 -LRB097 03078 RLC 52268 a

1before it begins operations, it shall submit its physical
2address if the address was not finalized when it applied.
3    (d) When issuing a medical cannabis organization
4registration certificate, the Department shall also issue a
5renewable registration certificate with an identification
6number.
 
7    Section 70. Nonprofit medical cannabis organization agent
8identification cards.
9    (a) A nonprofit medical cannabis organization agent must
10keep his or her identification card in their possession at all
11times when engaging in the medical use of cannabis related to
12dispensary operations.
13    (b) Nonprofit medical cannabis organization agent
14identification cards shall contain all of the following:
15        (1) the name of the cardholder;
16        (2) a designation the cardholder is a nonprofit medical
17    cannabis organization agent;
18        (3) the date of issuance and expiration date of the
19    nonprofit medical cannabis organization agent
20    identification cards;
21        (4) a random 10-digit alphanumeric identification
22    number, containing at least four numbers and at least four
23    letters, that is unique to the cardholder; and
24        (5) a photograph of the cardholder, if the Department's
25    rules require one.
 

 

 

09700HB0030ham001- 33 -LRB097 03078 RLC 52268 a

1    Section 75. Nonprofit medical cannabis organization
2certification renewal. Registration certificates may be
3renewed subject to the rule of the Department. The registered
4nonprofit medical cannabis organization may submit a renewal
5application beginning 90 days prior to the expiration of its
6registration certificate. The Department shall grant a renewal
7application within 45 days of its submission if the following
8conditions are all satisfied:
9    (a) The registered nonprofit medical cannabis organization
10or submits a renewal application and the required renewal fee,
11which shall be refunded within 60 days if the renewal
12application is rejected.
13    (b) The Department has not suspended the registered
14nonprofit medical cannabis organization or registration
15certificate for violations of this Act or rules adopted
16pursuant to this Act.
17    (c) The inspections authorized by subsection (s) of Section
1885 and the input the Department received from stakeholders
19pursuant to subsection (b) of Section 105 do not raise serious
20and credible concerns about the continued operation of the
21registered nonprofit medical cannabis organization or applying
22for renewal.
 
23    Section 80. Local ordinances. A unit of local government
24may enact reasonable zoning ordinances or resolutions, not in

 

 

09700HB0030ham001- 34 -LRB097 03078 RLC 52268 a

1conflict with this Act or with Department rules, regulating the
2location of registered nonprofit medical cannabis
3organizations. No unit of local government, including a home
4rule unit, or school district may regulate registered nonprofit
5medical cannabis organizations other than as provided in this
6Act. This Section is a denial and limitation under subsection
7(i) of Section 6 of Article VII of the Illinois Constitution on
8the concurrent exercise by home rule units of powers and
9functions exercised by the State.
 
10    Section 85. Requirements; prohibitions; penalties.
11    (a) The operating documents of a registered nonprofit
12medical cannabis organization shall include procedures for the
13oversight of the registered nonprofit medical cannabis
14organization and procedures to ensure accurate recordkeeping.
15    (b) A registered nonprofit medical cannabis organization
16shall implement appropriate security measures to deter and
17prevent the theft of cannabis and unauthorized entrance into
18areas containing cannabis.
19    (c) A registered nonprofit medical cannabis organization
20may not be located within 1,000 feet of the property line of a
21pre-existing public or private preschool or elementary or
22secondary school. A registered medical cannabis organization
23shall not be located in a house, apartment, condominium, or any
24other residential dwelling.
25    (d) A registered nonprofit medical cannabis organization

 

 

09700HB0030ham001- 35 -LRB097 03078 RLC 52268 a

1is prohibited from acquiring, possessing, cultivating,
2manufacturing, delivering, transferring, transporting,
3supplying, or dispensing cannabis for any purpose except to
4assist registered qualifying patients with the medical use of
5cannabis directly or through the qualifying patients'
6designated caregivers.
7    (e) All cultivation of cannabis for registered nonprofit
8medical cannabis organizations must take place in an enclosed,
9locked location at the physical address or addresses provided
10to the Department during the registration process. The
11cultivation location can only be accessed by medical cannabis
12organization agents working for the registered nonprofit
13medical cannabis organization, Department staff performing
14inspections, law enforcement or other emergency personnel, and
15contractors working on jobs unrelated to medical cannabis, such
16as installing or maintaining security devices or performing
17electrical wiring.
18    (f) A nonprofit medical cannabis organization may not
19obtain cannabis from outside the State of Illinois, except that
20a nonprofit medical cannabis organization may lawfully
21purchase cannabis seeds outside of the State of Illinois once
22during its registration period.
23    (g) A registered nonprofit medical cannabis organization
24shall not dispense more than 2.5 ounces of cannabis to a
25registered qualifying patient, directly or via a designated
26caregiver, in any 14-day period unless the qualifying patient

 

 

09700HB0030ham001- 36 -LRB097 03078 RLC 52268 a

1has a Department approved quantity variance.
2    (h) Before cannabis may be dispensed to a designated
3caregiver or a registered qualifying patient, a nonprofit
4medical cannabis organization agent must determine that the
5individual is a current cardholder in the verification system
6and must verify each of the following:
7        (1) that the registry identification card presented to
8    the registered nonprofit medical cannabis organization is
9    valid;
10        (2) that the person presenting the card is the person
11    identified on the registry identification card presented
12    to the medical cannabis organization agent;
13        (3) that the registered nonprofit medical cannabis
14    organization is the designated medical cannabis
15    organization for the registered qualifying patient who is
16    obtaining the cannabis directly or via his or her
17    designated caregiver; and
18        (4) that the qualified patient has not exceeded his or
19    her adequate supply.
20    (i) A registered nonprofit medical cannabis organization
21may dispense more than 2.5 ounces of cannabis to a registered
22qualifying patient in a 14-day period if the exception that the
23registered qualifying patient needs a specified greater amount
24in a 14-day period has been approved by the Department.
25    (j) Registered nonprofit medical cannabis organizations
26shall ensure compliance with this limitation by maintaining

 

 

09700HB0030ham001- 37 -LRB097 03078 RLC 52268 a

1internal, confidential records that include records specifying
2how much cannabis is being dispensed to the registered
3qualifying patient and whether it was dispensed directly to the
4registered qualifying patient or to the designated caregiver.
5Each entry must include the date and time the cannabis was
6dispensed.
7    (k) The physician-patient privilege as set forth by Section
88-802 of the Code of Civil Procedure shall apply between a
9qualifying patient and a registered nonprofit medical cannabis
10organization and its agents with respect to communications and
11records concerning qualifying patients' debilitating
12condition.
13    (l) A nonprofit medical cannabis organization shall not
14permit any person to consume cannabis on the property of a
15nonprofit medical cannabis organization.
16    (m) A registered nonprofit medical cannabis organization
17shall not share office space with or refer patients to a
18physician.
19    (n) A physician shall not refer patients to a registered
20nonprofit medical cannabis organization or registered
21designated caregiver, advertise in a registered nonprofit
22medical cannabis organization, or, if the physician issues
23written certifications, hold any financial interest in a
24registered nonprofit medical cannabis organization.
25    (o) No person who has been convicted of an excluded offense
26may be a nonprofit medical cannabis organization agent.

 

 

09700HB0030ham001- 38 -LRB097 03078 RLC 52268 a

1    (p) Notwithstanding all other criminal penalties related
2to the unlawful possession of cannabis, the Department may
3issue a civil fine of up to $3,000 for violations of this
4Section.
5    (q) The Department may suspend or revoke a registration
6certificate for violations of this Act and rules issued in
7accordance with this Section.
8    (r) The suspension or revocation of a certificate is a
9final Department action, subject to judicial review.
10Jurisdiction and venue for judicial review are vested in the
11Circuit Court.
12    (s) Registered nonprofit medical cannabis organizations
13are subject to random inspection and cannabis testing by
14Department rules. The Department shall give reasonable notice
15of an inspection or testing under this subsection.
 
16    Section 90. Confidentiality.
17    (a) The following information received and records kept by
18Department rules for purposes of administering this Act are
19subject to all applicable federal privacy laws, confidential,
20and exempt from the Freedom of Information Act, and not subject
21to disclosure to any individual or public or private entity,
22except as necessary for authorized employees of the Department
23to perform official duties pursuant to this Act:
24        (1) Applications and renewals, their contents, and
25    supporting information submitted by qualifying patients

 

 

09700HB0030ham001- 39 -LRB097 03078 RLC 52268 a

1    and designated caregivers, including information regarding
2    their designated caregivers and physicians.
3        (2) Applications and renewals, their contents, and
4    supporting information submitted by or on behalf of
5    nonprofit medical cannabis organizations in compliance
6    with this Act, including their physical addressees.
7        (3) The individual names and other information
8    identifying persons to whom the Department has issued
9    registry identification cards.
10        (4) Any dispensing information required to be kept
11    under Section 85 or Department rules shall identify
12    cardholders and registered nonprofit medical cannabis
13    organizations by their registry identification numbers and
14    not contain names or other personally identifying
15    information.
16        (5) All medical records provided to the Department in
17    connection with an application for a registry card.
18    (b) Nothing in this Section precludes the following:
19        (1) Department employees may notify law enforcement
20    about falsified or fraudulent information submitted to the
21    Department if the employee who suspects that falsified or
22    fraudulent information has been submitted conferred with
23    his or her supervisor and both agree that circumstances
24    exist that warrant reporting.
25        (2) If the employee conferred with his or her
26    supervisor and both agree that circumstances exist that

 

 

09700HB0030ham001- 40 -LRB097 03078 RLC 52268 a

1    warrant reporting, Department employees may notify the
2    Medical Disciplinary Board if there is reasonable cause to
3    believe a physician:
4            (A) issued a written certification without a bona
5        fide physician-patient relationship;
6            (B) issued a written certification to a person who
7        was not under the physician's care for the debilitating
8        medical condition; or
9            (C) failed to abide by the standard of care when
10        evaluating medical conditions.
11        (3) The Department may notify State or local law
12    enforcement about apparent criminal violations of this Act
13    if the employee who suspects the offense has conferred with
14    his or her supervisor and both agree that circumstances
15    exist that warrant reporting.
16        (4) Nonprofit medical cannabis organization agents may
17    notify the Department of a suspected violation or attempted
18    violation of this Act or the rules issued pursuant to it.
19        (5) The Department may verify registry identification
20    cards pursuant to Section 95.
21        (6) The submission of the report to the General
22    Assembly under Section 100.
23    (c) It is a Class B misdemeanor with a $1,000 fine for any
24person, including an employee or official of the Department or
25another State agency or local government, to breach the
26confidentiality of information obtained pursuant to this Act.
 

 

 

09700HB0030ham001- 41 -LRB097 03078 RLC 52268 a

1    Section 95. Registry identification and registration
2certificate verification.
3    (a) The Department shall maintain a confidential list of
4the persons to whom the Department has issued registry
5identification cards and their addresses, phone numbers, and
6registry identification numbers. This confidential list shall
7not be combined or linked in any manner with any other list or
8database except as provided in this Section.
9    (b) Within 180 days of the effective date of this Act, the
10Department shall establish a computerized verification system.
11The verification system must allow law enforcement personnel
12and nonprofit medical cannabis organization agents to enter a
13registry identification number to determine whether or not the
14number corresponds with a current, valid registry
15identification card. The system shall only disclose whether the
16identification card is valid; whether the cardholder is a
17registered qualifying patient or a registered designated
18caregiver; and the registry identification number of the
19registered nonprofit medical cannabis organization designated
20to serve the registered qualifying patient who holds the card
21or the registry identification number of the patient who is
22assisted by the registered designated caregiver who holds the
23card. The system shall enable nonprofit medical cannabis to
24enter information in the system sufficient to track the amount
25of medical cannabis dispensed to the qualifying patient.

 

 

09700HB0030ham001- 42 -LRB097 03078 RLC 52268 a

1Notwithstanding any requirements established by this
2subsection, the Department shall issue registry cards to
3qualifying patients and shall issue certification to nonprofit
4medical cannabis organization for the period during which the
5database is being established.
 
6    Section 100. Annual reports. The Department shall submit
7to the General Assembly an annual report that does not disclose
8any identifying information about cardholders, registered
9nonprofit medical cannabis organizations, or physicians, but
10does contain, at a minimum, all of the following information:
11        (1) the number of applications and renewals filed for
12    registry identification cards;
13        (2) the number of qualifying patients and designated
14    caregivers approved in each county;
15        (3) the nature of the debilitating medical conditions
16    of the qualifying patients;
17        (4) the number of registry identification cards
18    revoked for misconduct;
19        (5) the number of physicians providing written
20    certifications for qualifying patients; and
21        (6) the number of registered nonprofit medical
22    cannabis organizations.
 
23    Section 105. Department to issue rules.
24    (a) Not later than 60 days after the effective date of this

 

 

09700HB0030ham001- 43 -LRB097 03078 RLC 52268 a

1Act, the Department shall promulgate rules:
2        (1) governing the manner in which the Department shall
3    consider petitions from the public to add debilitating
4    medical conditions or treatments to the list of
5    debilitating medical conditions set forth in subsection
6    (d) of Section 10 of this Act, including public notice of
7    and an opportunity to comment in public hearings on the
8    petitions;
9        (2) establishing the form and content of registration
10    and renewal applications submitted under this Act,
11    including a standard form for written certifications;
12        (3) governing the manner in which it shall consider
13    applications for and renewals of registry identification
14    cards, including developing separate requirements, fees,
15    and applications for temporary registry identification
16    cards for visiting qualifying patients wishing to obtain
17    cannabis from registered nonprofit medical cannabis
18    organizations;
19        (4) governing the following matters related to
20    registered nonprofit medical cannabis organizations, with
21    the goal of protecting against diversion and theft, without
22    imposing an undue burden on the registered nonprofit
23    medical cannabis organizations or compromising the
24    confidentiality of cardholders:
25            (A) oversight requirements for nonprofit
26        registered nonprofit medical cannabis organizations;

 

 

09700HB0030ham001- 44 -LRB097 03078 RLC 52268 a

1            (B) recordkeeping requirements for registered
2        nonprofit medical cannabis organizations;
3            (C) security requirements for registered nonprofit
4        medical cannabis organizations, which shall include
5        that each registered nonprofit medical cannabis
6        organization location must be protected by a fully
7        operational security alarm system;
8            (D) rules and standards for what constitutes an
9        enclosed locked facility under this Act;
10            (E) procedures for suspending or terminating the
11        registration certificates or registry identification
12        cards of cardholders, registered nonprofit medical
13        cannabis organizations, and registered safety
14        compliance facilities that commit multiple or serious
15        violations of the provisions of this Act or the rules
16        promulgated pursuant to this Section;
17            (F) reasonable rules concerning the medical use of
18        cannabis at a nursing care institution, hospice,
19        assisted living center, assisted living facility,
20        assisted living home, residential care institution, or
21        adult day health care facility;
22            (G) limitations of the quantity of cannabis plants
23        a dispensary may possess at one time provided that no
24        dispensary is authorized to possess more plants than
25        are reasonably necessary to satisfy the adequate
26        supply of the patients who have designated that

 

 

09700HB0030ham001- 45 -LRB097 03078 RLC 52268 a

1        dispensary as his or her provider;
2            (H) rules concerning the intrastate transportation
3        of medical cannabis;
4            (I) standards concerning the testing, quality, and
5        cultivation of medical cannabis; and
6            (J) such other matters as are necessary for the
7        fair, impartial, stringent, and comprehensive
8        administration of this Act; and
9        (5) application and renewal fees for registry
10    identification cards, nonprofit medical cannabis
11    organization agent identification cards, and renewal fees
12    for registered nonprofit medical cannabis organization
13    registration certificates, according to the following:
14            (A) the total fees collected must generate
15        revenues sufficient to offset all expenses of
16        implementing and administering this Act, except that
17        fee revenue may be offset or supplemented by private
18        donations;
19            (B) the Department may establish a sliding scale of
20        patient application and renewal fees based upon a
21        qualifying patient's household income;
22            (C) the Department may accept donations from
23        private sources to reduce application and renewal
24        fees; and
25            (D) registry identification card fees shall
26        include an additional $3 per registry identification

 

 

09700HB0030ham001- 46 -LRB097 03078 RLC 52268 a

1        card, which shall be used to develop and disseminate
2        educational information about the health risks
3        associated with the abuse of cannabis and prescription
4        medications.
5    The Department may adopt rules concerning limiting the
6rights of medical cannabis organizations by taking into
7consideration how many are currently operating and their
8geographical distribution.
9    (b) During the rule-making process, the Department shall
10make a good faith effort to consult with all stakeholders
11identified in the rule-making analysis as being impacted by the
12rules. The Department shall establish the stakeholders into an
13advisory task force, or it may consult with them individually.
14Stakeholders shall include, but are not limited to:
15        (1) at least 2 physicians, one of whom must have prior
16    experience treating medical cannabis patients;
17        (2) at least 2 nurses, one of whom must have prior
18    experience treating HIV/AIDS patients;
19        (3) at least three qualifying patients;
20        (4) a representative from the law enforcement
21    community;
22        (5) the Director of State Police or his or her
23    designee;
24        (6) a prosecuting attorney currently employed by the
25    State of Illinois;
26        (7) a public defender currently employed by the State

 

 

09700HB0030ham001- 47 -LRB097 03078 RLC 52268 a

1    of Illinois;
2        (8) a defense attorney in private practice;
3        (9) a licensed phlebotomist;
4        (10) a horticulturist; and
5        (11) a representative of the business community.
6    (c) After consulting with the stakeholders, the Department
7shall evaluate driving under the influence laws as they apply
8to registered patients.
9    (d) Beginning 4 months after the issuance of the first
10registrations for registered nonprofit medical cannabis
11organizations, the Department shall solicit input, including
12from the stakeholders identified in subsection (c) on the
13following:
14            (A) The ability of qualifying patients in all areas
15        of the state to obtain timely access to high-quality
16        medical cannabis.
17            (B) The effectiveness of the registered nonprofit
18        medical cannabis organizations, individually and
19        together, in serving the needs of qualifying patients,
20        including the provision of support services, the
21        reasonableness of their fees, whether they are
22        generating any complaints or security problems, and
23        the sufficiency of the number operating to serve the
24        registered qualifying patients of Illinois.
25            (C) The sufficiency of the regulatory and security
26        safeguards contained in this Act and adopted by the

 

 

09700HB0030ham001- 48 -LRB097 03078 RLC 52268 a

1        Department to ensure that access to and use of cannabis
2        cultivated is provided only to cardholders authorized
3        for such purposes.
4            (D) Any recommended additions or revisions to the
5        Department rules or this Act, including relating to
6        security, safe handling, labeling, and nomenclature.
7            (E) Any research studies regarding health effects
8        of medical cannabis for patients.
9    (e) The Department shall develop and disseminate
10educational information about the health risks associated with
11the abuse of cannabis and prescription medications, which shall
12be funded by the $3 fees generated from registry identification
13cards.
 
14    Section 110. Enforcement of this Act.
15    (a) If the Department fails to adopt rules to implement
16this Act within the times provided for in this Act, any citizen
17may commence a mandamus action in the Circuit Court to compel
18the Department to perform the actions mandated pursuant to the
19provisions of this Act.
20    (b) If the Department fails to issue a valid registry
21identification card in response to a valid application or
22renewal submitted pursuant to this Act within 30 days of its
23submission, the registry identification card shall be deemed
24granted, and a copy of the registry identification application,
25including a valid written certification, or renewal shall be

 

 

09700HB0030ham001- 49 -LRB097 03078 RLC 52268 a

1deemed a valid registry identification card.
 
2    Section 115. Repeal of Act. This Act is repealed 3 years
3after its effective date.
 
4    Section 135. The Illinois Vehicle Code is amended by
5changing Section 11-501 and by adding Section 11-501.9 as
6follows:
 
7    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
8    Sec. 11-501. Driving while under the influence of alcohol,
9other drug or drugs, intoxicating compound or compounds or any
10combination thereof.
11    (a) A person shall not drive or be in actual physical
12control of any vehicle within this State while:
13        (1) the alcohol concentration in the person's blood or
14    breath is 0.08 or more based on the definition of blood and
15    breath units in Section 11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound or
18    combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other drug

 

 

09700HB0030ham001- 50 -LRB097 03078 RLC 52268 a

1    or drugs, or intoxicating compound or compounds to a degree
2    that renders the person incapable of safely driving; or
3        (6) there is any amount of a drug, substance, or
4    compound in the person's breath, blood, or urine resulting
5    from the unlawful use or consumption of cannabis listed in
6    the Cannabis Control Act, a controlled substance listed in
7    the Illinois Controlled Substances Act, an intoxicating
8    compound listed in the Use of Intoxicating Compounds Act,
9    or methamphetamine as listed in the Methamphetamine
10    Control and Community Protection Act. Subject to all other
11    requirements set forth in this Act, for the purposes of
12    this subsection the lawful consumption of cannabis by a
13    qualified patient licensed under the Compassionate Use of
14    Medical Cannabis Pilot Program Act who is in possession of
15    a valid registry card shall be governed by the provisions
16    set forth in Section 11-501.9.
17    (b) The fact that any person charged with violating this
18Section is or has been legally entitled to use alcohol, other
19drug or drugs, or intoxicating compound or compounds, or any
20combination thereof, shall not constitute a defense against any
21charge of violating this Section.
22    (c) Penalties.
23        (1) Except as otherwise provided in this Section, any
24    person convicted of violating subsection (a) of this
25    Section is guilty of a Class A misdemeanor.
26        (2) A person who violates subsection (a) or a similar

 

 

09700HB0030ham001- 51 -LRB097 03078 RLC 52268 a

1    provision a second time shall be sentenced to a mandatory
2    minimum term of either 5 days of imprisonment or 240 hours
3    of community service in addition to any other criminal or
4    administrative sanction.
5        (3) A person who violates subsection (a) is subject to
6    6 months of imprisonment, an additional mandatory minimum
7    fine of $1,000, and 25 days of community service in a
8    program benefiting children if the person was transporting
9    a person under the age of 16 at the time of the violation.
10        (4) A person who violates subsection (a) a first time,
11    if the alcohol concentration in his or her blood, breath,
12    or urine was 0.16 or more based on the definition of blood,
13    breath, or urine units in Section 11-501.2, or 2 times the
14    cannabis in Section 11-501.9 shall be subject, in addition
15    to any other penalty that may be imposed, to a mandatory
16    minimum of 100 hours of community service and a mandatory
17    minimum fine of $500.
18        (5) A person who violates subsection (a) a second time,
19    if at the time of the second violation the alcohol
20    concentration in his or her blood, breath, or urine was
21    0.16 or more based on the definition of blood, breath, or
22    urine units in Section 11-501.2 or 2 times the cannabis in
23    Section 11-501.9, shall be subject, in addition to any
24    other penalty that may be imposed, to a mandatory minimum
25    of 2 days of imprisonment and a mandatory minimum fine of
26    $1,250.

 

 

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1    (d) Aggravated driving under the influence of alcohol,
2other drug or drugs, or intoxicating compound or compounds, or
3any combination thereof.
4        (1) Every person convicted of committing a violation of
5    this Section shall be guilty of aggravated driving under
6    the influence of alcohol, other drug or drugs, or
7    intoxicating compound or compounds, or any combination
8    thereof if:
9            (A) the person committed a violation of subsection
10        (a) or a similar provision for the third or subsequent
11        time;
12            (B) the person committed a violation of subsection
13        (a) while driving a school bus with persons 18 years of
14        age or younger on board;
15            (C) the person in committing a violation of
16        subsection (a) was involved in a motor vehicle accident
17        that resulted in great bodily harm or permanent
18        disability or disfigurement to another, when the
19        violation was a proximate cause of the injuries;
20            (D) the person committed a violation of subsection
21        (a) and has been previously convicted of violating
22        Section 9-3 of the Criminal Code of 1961 or a similar
23        provision of a law of another state relating to
24        reckless homicide in which the person was determined to
25        have been under the influence of alcohol, other drug or
26        drugs, or intoxicating compound or compounds as an

 

 

09700HB0030ham001- 53 -LRB097 03078 RLC 52268 a

1        element of the offense or the person has previously
2        been convicted under subparagraph (C) or subparagraph
3        (F) of this paragraph (1);
4            (E) the person, in committing a violation of
5        subsection (a) while driving at any speed in a school
6        speed zone at a time when a speed limit of 20 miles per
7        hour was in effect under subsection (a) of Section
8        11-605 of this Code, was involved in a motor vehicle
9        accident that resulted in bodily harm, other than great
10        bodily harm or permanent disability or disfigurement,
11        to another person, when the violation of subsection (a)
12        was a proximate cause of the bodily harm;
13            (F) the person, in committing a violation of
14        subsection (a), was involved in a motor vehicle,
15        snowmobile, all-terrain vehicle, or watercraft
16        accident that resulted in the death of another person,
17        when the violation of subsection (a) was a proximate
18        cause of the death;
19            (G) the person committed a violation of subsection
20        (a) during a period in which the defendant's driving
21        privileges are revoked or suspended, where the
22        revocation or suspension was for a violation of
23        subsection (a) or a similar provision, Section
24        11-501.1, 11-501.9, paragraph (b) of Section 11-401,
25        or for reckless homicide as defined in Section 9-3 of
26        the Criminal Code of 1961;

 

 

09700HB0030ham001- 54 -LRB097 03078 RLC 52268 a

1            (H) the person committed the violation while he or
2        she did not possess a driver's license or permit or a
3        restricted driving permit or a judicial driving permit
4        or a monitoring device driving permit;
5            (I) the person committed the violation while he or
6        she knew or should have known that the vehicle he or
7        she was driving was not covered by a liability
8        insurance policy;
9            (J) the person in committing a violation of
10        subsection (a) was involved in a motor vehicle accident
11        that resulted in bodily harm, but not great bodily
12        harm, to the child under the age of 16 being
13        transported by the person, if the violation was the
14        proximate cause of the injury; or
15            (K) the person in committing a second violation of
16        subsection (a) or a similar provision was transporting
17        a person under the age of 16.
18        (2)(A) Except as provided otherwise, a person
19    convicted of aggravated driving under the influence of
20    alcohol, other drug or drugs, or intoxicating compound or
21    compounds, or any combination thereof is guilty of a Class
22    4 felony.
23        (B) A third violation of this Section or a similar
24    provision is a Class 2 felony. If at the time of the third
25    violation the alcohol concentration in his or her blood,
26    breath, or urine was 0.16 or more based on the definition

 

 

09700HB0030ham001- 55 -LRB097 03078 RLC 52268 a

1    of blood, breath, or urine units in Section 11-501.2, a
2    mandatory minimum of 90 days of imprisonment and a
3    mandatory minimum fine of $2,500 shall be imposed in
4    addition to any other criminal or administrative sanction.
5    If at the time of the third violation, the defendant was
6    transporting a person under the age of 16, a mandatory fine
7    of $25,000 and 25 days of community service in a program
8    benefiting children shall be imposed in addition to any
9    other criminal or administrative sanction.
10        (C) A fourth violation of this Section or a similar
11    provision is a Class 2 felony, for which a sentence of
12    probation or conditional discharge may not be imposed. If
13    at the time of the violation, the alcohol concentration in
14    the defendant's blood, breath, or urine was 0.16 or more
15    based on the definition of blood, breath, or urine units in
16    Section 11-501.2, a mandatory minimum fine of $5,000 shall
17    be imposed in addition to any other criminal or
18    administrative sanction. If at the time of the fourth
19    violation, the defendant was transporting a person under
20    the age of 16 a mandatory fine of $25,000 and 25 days of
21    community service in a program benefiting children shall be
22    imposed in addition to any other criminal or administrative
23    sanction.
24        (D) A fifth violation of this Section or a similar
25    provision is a Class 1 felony, for which a sentence of
26    probation or conditional discharge may not be imposed. If

 

 

09700HB0030ham001- 56 -LRB097 03078 RLC 52268 a

1    at the time of the violation, the alcohol concentration in
2    the defendant's blood, breath, or urine was 0.16 or more
3    based on the definition of blood, breath, or urine units in
4    Section 11-501.2, a mandatory minimum fine of $5,000 shall
5    be imposed in addition to any other criminal or
6    administrative sanction. If at the time of the fifth
7    violation, the defendant was transporting a person under
8    the age of 16, a mandatory fine of $25,000, and 25 days of
9    community service in a program benefiting children shall be
10    imposed in addition to any other criminal or administrative
11    sanction.
12        (E) A sixth or subsequent violation of this Section or
13    similar provision is a Class X felony. If at the time of
14    the violation, the alcohol concentration in the
15    defendant's blood, breath, or urine was 0.16 or more based
16    on the definition of blood, breath, or urine units in
17    Section 11-501.2, a mandatory minimum fine of $5,000 shall
18    be imposed in addition to any other criminal or
19    administrative sanction. If at the time of the violation,
20    the defendant was transporting a person under the age of
21    16, a mandatory fine of $25,000 and 25 days of community
22    service in a program benefiting children shall be imposed
23    in addition to any other criminal or administrative
24    sanction.
25        (F) For a violation of subparagraph (C) of paragraph
26    (1) of this subsection (d), the defendant, if sentenced to

 

 

09700HB0030ham001- 57 -LRB097 03078 RLC 52268 a

1    a term of imprisonment, shall be sentenced to not less than
2    one year nor more than 12 years.
3        (G) A violation of subparagraph (F) of paragraph (1) of
4    this subsection (d) is a Class 2 felony, for which the
5    defendant, unless the court determines that extraordinary
6    circumstances exist and require probation, shall be
7    sentenced to: (i) a term of imprisonment of not less than 3
8    years and not more than 14 years if the violation resulted
9    in the death of one person; or (ii) a term of imprisonment
10    of not less than 6 years and not more than 28 years if the
11    violation resulted in the deaths of 2 or more persons.
12        (H) For a violation of subparagraph (J) of paragraph
13    (1) of this subsection (d), a mandatory fine of $2,500, and
14    25 days of community service in a program benefiting
15    children shall be imposed in addition to any other criminal
16    or administrative sanction.
17        (I) A violation of subparagraph (K) of paragraph (1) of
18    this subsection (d), is a Class 2 felony and a mandatory
19    fine of $2,500, and 25 days of community service in a
20    program benefiting children shall be imposed in addition to
21    any other criminal or administrative sanction. If the child
22    being transported suffered bodily harm, but not great
23    bodily harm, in a motor vehicle accident, and the violation
24    was the proximate cause of that injury, a mandatory fine of
25    $5,000 and 25 days of community service in a program
26    benefiting children shall be imposed in addition to any

 

 

09700HB0030ham001- 58 -LRB097 03078 RLC 52268 a

1    other criminal or administrative sanction.
2        (J) A violation of subparagraph (D) of paragraph (1) of
3    this subsection (d) is a Class 3 felony, for which a
4    sentence of probation or conditional discharge may not be
5    imposed.
6        (3) Any person sentenced under this subsection (d) who
7    receives a term of probation or conditional discharge must
8    serve a minimum term of either 480 hours of community
9    service or 10 days of imprisonment as a condition of the
10    probation or conditional discharge in addition to any other
11    criminal or administrative sanction.
12    (e) Any reference to a prior violation of subsection (a) or
13a similar provision includes any violation of a provision of a
14local ordinance or a provision of a law of another state or an
15offense committed on a military installation that is similar to
16a violation of subsection (a) of this Section.
17    (f) The imposition of a mandatory term of imprisonment or
18assignment of community service for a violation of this Section
19shall not be suspended or reduced by the court.
20    (g) Any penalty imposed for driving with a license that has
21been revoked for a previous violation of subsection (a) of this
22Section shall be in addition to the penalty imposed for any
23subsequent violation of subsection (a).
24    (h) For any prosecution under this Section, a certified
25copy of the driving abstract of the defendant shall be admitted
26as proof of any prior conviction.

 

 

09700HB0030ham001- 59 -LRB097 03078 RLC 52268 a

1(Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08;
295-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08;
395-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
 
4    (625 ILCS 5/11-501.9 new)
5    Sec. 11-501.9. Medical cannabis; qualified patient;
6restrictions.
7    (a) No person who is a qualified patient in possession of a
8valid registry card under the Compassionate Use of Medical
9Cannabis Pilot Program Act may operate a motor vehicle unless 4
10hours have passed from the time that the qualified patient last
11consumed medical cannabis.
12    (b) No person who is a qualified patient in possession of a
13valid registry card under the Compassionate Use of Medical
14Cannabis Pilot Program Act who has a concentration of cannabis
15in the person's urine of at least 15 nanograms of cannabis per
16milliliter of the person's urine or has a concentration of
17cannabis in the person's whole blood of at least 5 nanograms of
18cannabis per milliliter of the person's whole blood shall drive
19or be in actual physical control of any vehicle within this
20State.
21    (c) The sole fact that the person is a qualified patient
22under the Compassionate Use of Medical Cannabis Pilot Program
23Act in possession of a registry card shall not constitute
24reasonable suspicion or probable cause that there is a
25violation under this Section or elsewhere.

 

 

09700HB0030ham001- 60 -LRB097 03078 RLC 52268 a

1    (d) Any violation of this Section shall subject the
2offender to the penalties set forth in Section 11-501 and all
3other appropriate sanctions under law.
 
4    Section 140. The Cannabis Control Act is amended by
5changing Sections 4, 5, 8, 9, and 16.1 as follows:
 
6    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
7    Sec. 4. It is unlawful for any person knowingly to possess
8cannabis. Any person who violates this section with respect to:
9        (a) not more than 2.5 grams of any substance containing
10    cannabis is guilty of a Class C misdemeanor;
11        (b) more than 2.5 grams but not more than 10 grams of
12    any substance containing cannabis is guilty of a Class B
13    misdemeanor;
14        (c) more than 10 grams but not more than 30 grams of
15    any substance containing cannabis is guilty of a Class A
16    misdemeanor; provided, that if any offense under this
17    subsection (c) is a subsequent offense, the offender shall
18    be guilty of a Class 4 felony;
19        (d) more than 30 grams but not more than 500 grams of
20    any substance containing cannabis is guilty of a Class 4
21    felony; provided that if any offense under this subsection
22    (d) is a subsequent offense, the offender shall be guilty
23    of a Class 3 felony;
24        (e) more than 500 grams but not more than 2,000 grams

 

 

09700HB0030ham001- 61 -LRB097 03078 RLC 52268 a

1    of any substance containing cannabis is guilty of a Class 3
2    felony;
3        (f) more than 2,000 grams but not more than 5,000 grams
4    of any substance containing cannabis is guilty of a Class 2
5    felony;
6        (g) more than 5,000 grams of any substance containing
7    cannabis is guilty of a Class 1 felony; .
8        (h) if any offense is committed under subsection (a) or
9    (b) and the defendant is a registered nonprofit medical
10    cannabis organization agent, the defendant is guilty of a
11    Class 4 felony;
12        (i) if any offense is committed under subsection (c)
13    and the defendant is a registered nonprofit medical
14    cannabis organization agent, the defendant is guilty of a
15    Class 3 felony;
16        (j) if any offense is committed under subsection (d)
17    and the defendant is a registered nonprofit medical
18    cannabis organization agent, the defendant is guilty of a
19    Class 2 felony;
20        (k) if any offense is committed under subsection (e)
21    and the defendant is a registered nonprofit medical
22    cannabis organization agent, the defendant is guilty of a
23    Class 1 felony;
24        (l) if any offense is committed under subsection (f)
25    and the defendant is a registered nonprofit medical
26    cannabis organization agent, the defendant is guilty of a

 

 

09700HB0030ham001- 62 -LRB097 03078 RLC 52268 a

1    Class X felony; or
2        (m) if any offense is committed under subsection (g)
3    and the defendant is a registered nonprofit medical
4    cannabis organization agent, the defendant is guilty of a
5    Class X felony extended term.
6(Source: P.A. 90-397, eff. 8-15-97.)
 
7    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
8    Sec. 5. It is unlawful for any person knowingly to
9manufacture, deliver, or possess with intent to deliver, or
10manufacture, cannabis. Any person who violates this section
11with respect to:
12    (a) not more than 2.5 grams of any substance containing
13cannabis is guilty of a Class B misdemeanor;
14    (b) more than 2.5 grams but not more than 10 grams of any
15substance containing cannabis is guilty of a Class A
16misdemeanor;
17    (c) more than 10 grams but not more than 30 grams of any
18substance containing cannabis is guilty of a Class 4 felony;
19    (d) more than 30 grams but not more than 500 grams of any
20substance containing cannabis is guilty of a Class 3 felony for
21which a fine not to exceed $50,000 may be imposed;
22    (e) more than 500 grams but not more than 2,000 grams of
23any substance containing cannabis is guilty of a Class 2 felony
24for which a fine not to exceed $100,000 may be imposed;
25    (f) more than 2,000 grams but not more than 5,000 grams of

 

 

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1any substance containing cannabis is guilty of a Class 1 felony
2for which a fine not to exceed $150,000 may be imposed;
3    (g) more than 5,000 grams of any substance containing
4cannabis is guilty of a Class X felony for which a fine not to
5exceed $200,000 may be imposed; .
6    (h) if any offense is committed under subsections (a), (b)
7or (c) and the defendant is a registered nonprofit medical
8cannabis organization agent, the defendant is guilty of a Class
93 felony;
10    (i) if any offense is committed under subsection (d) and
11the defendant is a registered nonprofit medical cannabis
12organization agent, the defendant is guilty of a Class 2
13felony;
14    (j) if any offense is committed under subsection (e) and
15the defendant is a registered nonprofit medical cannabis
16organization agent, the defendant is guilty of a Class 1
17felony;
18    (k) if any offense is committed under subsection (f) and
19the defendant is a registered nonprofit medical cannabis
20organization agent, the defendant is guilty of a Class X
21felony; or
22    (l) if any offense is committed under subsection (g) and
23the defendant is a registered nonprofit medical cannabis
24organization agent, the defendant is guilty of a Class X with
25an extended term.
26(Source: P.A. 90-397, eff. 8-15-97.)
 

 

 

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1    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
2    Sec. 8. It is unlawful for any person knowingly to produce
3the cannabis sativa plant or to possess such plants unless
4production or possession has been authorized pursuant to the
5provisions of Section 11 of the Act. Any person who violates
6this Section with respect to production or possession of:
7    (a) Not more than 5 plants is guilty of a Class A
8misdemeanor.
9    (b) More than 5, but not more than 20 plants, is guilty of
10a Class 4 felony.
11    (c) More than 20, but not more than 50 plants, is guilty of
12a Class 3 felony.
13    (d) More than 50, but not more than 200 plants, is guilty
14of a Class 2 felony for which a fine not to exceed $100,000 may
15be imposed and for which liability for the cost of conducting
16the investigation and eradicating such plants may be assessed.
17Compensation for expenses incurred in the enforcement of this
18provision shall be transmitted to and deposited in the
19treasurer's office at the level of government represented by
20the Illinois law enforcement agency whose officers or employees
21conducted the investigation or caused the arrest or arrests
22leading to the prosecution, to be subsequently made available
23to that law enforcement agency as expendable receipts for use
24in the enforcement of laws regulating controlled substances and
25cannabis. If such seizure was made by a combination of law

 

 

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1enforcement personnel representing different levels of
2government, the court levying the assessment shall determine
3the allocation of such assessment. The proceeds of assessment
4awarded to the State treasury shall be deposited in a special
5fund known as the Drug Traffic Prevention Fund.
6    (e) More than 200 plants is guilty of a Class 1 felony for
7which a fine not to exceed $100,000 may be imposed and for
8which liability for the cost of conducting the investigation
9and eradicating such plants may be assessed. Compensation for
10expenses incurred in the enforcement of this provision shall be
11transmitted to and deposited in the treasurer's office at the
12level of government represented by the Illinois law enforcement
13agency whose officers or employees conducted the investigation
14or caused the arrest or arrests leading to the prosecution, to
15be subsequently made available to that law enforcement agency
16as expendable receipts for use in the enforcement of laws
17regulating controlled substances and cannabis. If such seizure
18was made by a combination of law enforcement personnel
19representing different levels of government, the court levying
20the assessment shall determine the allocation of such
21assessment. The proceeds of assessment awarded to the State
22treasury shall be deposited in a special fund known as the Drug
23Traffic Prevention Fund.
24(Source: P.A. 95-247, eff. 1-1-08.)
 
25    (720 ILCS 550/9)  (from Ch. 56 1/2, par. 709)

 

 

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1    Sec. 9. (a) Any person who engages in a calculated criminal
2cannabis conspiracy, as defined in subsection (b), is guilty of
3a Class 3 felony, and fined not more than $200,000 and shall be
4subject to the forfeitures prescribed in subsection (c); except
5that, if any person engages in such offense after one or more
6prior convictions under this Section, Section 4 (d), Section 5
7(d), Section 8 (d) or any law of the United States or of any
8State relating to cannabis, or controlled substances as defined
9in the Illinois Controlled Substances Act, in addition to the
10fine and forfeiture authorized above, he shall be guilty of a
11Class 1 felony for which an offender may not be sentenced to
12death; if any offense is committed under this Section and the
13defendant is a registered nonprofit medical cannabis
14organization agent, the defendant is guilty of a Class X
15felony.
16    (b) For purposes of this section, a person engages in a
17calculated criminal cannabis conspiracy when:
18    (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c) or
198 (d) of this Act; and
20    (2) such violation is a part of a conspiracy undertaken or
21carried on with 2 or more other persons; and
22    (3) he obtains anything of value greater than $500 from, or
23organizes, directs or finances such violation or conspiracy.
24    (c) Any person who is convicted under this Section of
25engaging in a calculated criminal cannabis conspiracy shall
26forfeit to the State of Illinois:

 

 

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1    (1) the receipts obtained by him in such conspiracy; and
2    (2) any of his interests in, claims against, receipts from,
3or property or rights of any kind affording a source of
4influence over, such conspiracy.
5    (d) The circuit court may enter such injunctions,
6restraining orders, directions, or prohibitions, or take such
7other actions, including the acceptance of satisfactory
8performance bonds, in connection with any property, claim,
9receipt, right or other interest subject to forfeiture under
10this Section, as it deems proper.
11(Source: P.A. 84-1233.)
 
12    (720 ILCS 550/16.1)  (from Ch. 56 1/2, par. 716.1)
13    Sec. 16.1. In any prosecution for any violation of this
14Act, it shall be an affirmative defense that the substance
15possessed by the defendant was regulated as a controlled
16substance under the Illinois Controlled Substances Act or
17pursuant to the Compassionate Use of Medical Cannabis Pilot
18Program Act. In order to raise this affirmative defense, the
19defendant shall give notice thereof to the State not less than
207 days prior to trial.
21(Source: P.A. 84-1313; 84-1362.)
 
22    (720 ILCS 550/11 rep.)
23    (720 ILCS 550/15 rep.)
24    Section 145. The Cannabis Control Act is amended by

 

 

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1repealing Sections 11 and 15.
 
2    Section 150. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.".