Full Text of HB5674 98th General Assembly
HB5674sam001 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 5/20/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5674
| 2 | | AMENDMENT NO. ______. Amend House Bill 5674 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Sections 105 and 130 as | 6 | | follows: | 7 | | (410 ILCS 130/105) | 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 105. Requirements; prohibitions; penalties for | 10 | | cultivation centers. | 11 | | (a) The operating documents of a registered cultivation | 12 | | center shall include procedures for the oversight of the | 13 | | cultivation center, a cannabis plant monitoring system | 14 | | including a physical inventory recorded weekly, a cannabis | 15 | | container system including a physical inventory recorded | 16 | | weekly, accurate record keeping, and a staffing plan.
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| 1 | | (b) A registered cultivation center shall implement a | 2 | | security plan reviewed by the State Police and including but | 3 | | not limited to: facility access controls, perimeter intrusion | 4 | | detection systems, personnel identification systems, 24-hour | 5 | | surveillance system to monitor the interior and exterior of the | 6 | | registered cultivation center facility and accessible to | 7 | | authorized law enforcement and the Department of Financial and | 8 | | Professional Regulation in real-time.
| 9 | | (c) In a municipality with a population of fewer than | 10 | | 500,000, a A registered cultivation center may not be located | 11 | | within 2,500 feet of the property line of a pre-existing public | 12 | | or private preschool or elementary or secondary school or day | 13 | | care center, day care home, group day care home, part day child | 14 | | care facility, or an area zoned for residential use. A | 15 | | municipality with a population of 500,000 or more may adopt its | 16 | | own zoning requirements with regard to the location of a | 17 | | registered cultivation center and its proximity to a | 18 | | pre-existing public or private preschool or elementary or | 19 | | secondary school or day care center, day care home, group day | 20 | | care home, part day child care facility, or an area zoned for | 21 | | residential use. | 22 | | (d) All cultivation of cannabis for distribution to a | 23 | | registered dispensing organization must take place in an | 24 | | enclosed, locked facility as it applies to cultivation centers | 25 | | at the physical address provided to the Department of | 26 | | Agriculture during the registration process. The cultivation |
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| 1 | | center location shall only be accessed by the cultivation | 2 | | center agents working for the registered cultivation center, | 3 | | Department of Agriculture staff performing inspections, | 4 | | Department of Public Health staff performing inspections, law | 5 | | enforcement or other emergency personnel, and contractors | 6 | | working on jobs unrelated to medical cannabis, such as | 7 | | installing or maintaining security devices or performing | 8 | | electrical wiring.
| 9 | | (e) A cultivation center may not sell or distribute any | 10 | | cannabis to any individual or entity other than a dispensary | 11 | | organization registered under this Act.
| 12 | | (f) All harvested cannabis intended for distribution to a | 13 | | dispensing organization must be packaged in a labeled medical | 14 | | cannabis container and entered into a data collection system.
| 15 | | (g) No person who has been convicted of an excluded offense | 16 | | may be a cultivation center agent.
| 17 | | (h) Registered cultivation centers are subject to random | 18 | | inspection by the State Police.
| 19 | | (i) Registered cultivation centers are subject to random | 20 | | inspections by the Department of Agriculture and the Department | 21 | | of Public Health.
| 22 | | (j) A cultivation center agent shall notify local law | 23 | | enforcement, the State Police, and the Department of | 24 | | Agriculture within 24 hours of the discovery of any loss or | 25 | | theft. Notification shall be made by phone or in-person, or by | 26 | | written or electronic communication.
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| 1 | | (k) A cultivation center shall comply with all State and | 2 | | federal rules and regulations regarding the use of pesticides.
| 3 | | (Source: P.A. 98-122, eff. 1-1-14.) | 4 | | (410 ILCS 130/130) | 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 130. Requirements; prohibitions; penalties; | 7 | | dispensing organizations. | 8 | | (a) The Department of Financial and Professional | 9 | | Regulation shall implement the provisions of this Section by | 10 | | rule.
| 11 | | (b) A dispensing organization shall maintain operating | 12 | | documents which shall include procedures for the oversight of | 13 | | the registered dispensing organization and procedures to | 14 | | ensure accurate recordkeeping.
| 15 | | (c) A dispensing organization shall implement appropriate | 16 | | security measures, as provided by rule, to deter and prevent | 17 | | the theft of cannabis and unauthorized entrance into areas | 18 | | containing cannabis.
| 19 | | (d) In a municipality with a population of fewer than | 20 | | 500,000, a A dispensing organization may not be located within | 21 | | 1,000 feet of the property line of a pre-existing public or | 22 | | private preschool or elementary or secondary school or day care | 23 | | center, day care home, group day care home, or part day child | 24 | | care facility. A registered dispensing organization may not be | 25 | | located in a house, apartment, condominium, or an area zoned |
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| 1 | | for residential use. A municipality with a population of | 2 | | 500,000 or more may adopt its own zoning requirements with | 3 | | regard to the location of a dispensing organization and its | 4 | | proximity to pre-existing public or private preschool or | 5 | | elementary or secondary school or day care center, day care | 6 | | home, group day care home, part day child care facility, or an | 7 | | area zoned for residential use.
| 8 | | (e) A dispensing organization is prohibited from acquiring | 9 | | cannabis from anyone other than a registered cultivation | 10 | | center. A dispensing organization is prohibited from obtaining | 11 | | cannabis from outside the State of Illinois.
| 12 | | (f) A registered dispensing organization is prohibited | 13 | | from dispensing cannabis for any purpose except to assist | 14 | | registered qualifying patients with the medical use of cannabis | 15 | | directly or through the qualifying patients' designated | 16 | | caregivers.
| 17 | | (g) The area in a dispensing organization where medical | 18 | | cannabis is stored can only be accessed by dispensing | 19 | | organization agents working for the dispensing organization, | 20 | | Department of Financial and Professional Regulation staff | 21 | | performing inspections, law enforcement or other emergency | 22 | | personnel, and contractors working on jobs unrelated to medical | 23 | | cannabis, such as installing or maintaining security devices or | 24 | | performing electrical wiring.
| 25 | | (h) A dispensing organization may not dispense more than | 26 | | 2.5 ounces of cannabis to a registered qualifying patient, |
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| 1 | | directly or via a designated caregiver, in any 14-day period | 2 | | unless the qualifying patient has a Department of Public | 3 | | Health-approved quantity waiver.
| 4 | | (i) Before medical cannabis may be dispensed to a | 5 | | designated caregiver or a registered qualifying patient, a | 6 | | dispensing organization agent must determine that the | 7 | | individual is a current cardholder in the verification system | 8 | | and must verify each of the following:
| 9 | | (1) that the registry identification card presented to | 10 | | the registered dispensing organization is valid;
| 11 | | (2) that the person presenting the card is the person | 12 | | identified on the registry identification card presented | 13 | | to the dispensing organization agent;
| 14 | | (3) that the dispensing organization is the designated | 15 | | dispensing organization for the registered qualifying | 16 | | patient who is obtaining the cannabis directly or via his | 17 | | or her designated caregiver; and
| 18 | | (4) that the registered qualifying patient has not | 19 | | exceeded his or her adequate supply.
| 20 | | (j) Dispensing organizations shall ensure compliance with | 21 | | this limitation by maintaining internal, confidential records | 22 | | that include records specifying how much medical cannabis is | 23 | | dispensed to the registered qualifying patient and whether it | 24 | | was dispensed directly to the registered qualifying patient or | 25 | | to the designated caregiver. Each entry must include the date | 26 | | and time the cannabis was dispensed. Additional recordkeeping |
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| 1 | | requirements may be set by rule.
| 2 | | (k) The physician-patient privilege as set forth by Section | 3 | | 8-802 of the Code of Civil Procedure shall apply between a | 4 | | qualifying patient and a registered dispensing organization | 5 | | and its agents with respect to communications and records | 6 | | concerning qualifying patients' debilitating conditions.
| 7 | | (l) A dispensing organization may not permit any person to | 8 | | consume cannabis on the property of a medical cannabis | 9 | | organization.
| 10 | | (m) A dispensing organization may not share office space | 11 | | with or refer patients to a physician.
| 12 | | (n) Notwithstanding any other criminal penalties related | 13 | | to the unlawful possession of cannabis, the Department of | 14 | | Financial and Professional Regulation may revoke, suspend, | 15 | | place on probation, reprimand, refuse to issue or renew, or | 16 | | take any other disciplinary or non-disciplinary action as the | 17 | | Department of Financial and Professional Regulation may deem | 18 | | proper with regard to the registration of any person issued | 19 | | under this Act to operate a dispensing organization or act as a | 20 | | dispensing organization agent, including imposing fines not to | 21 | | exceed $10,000 for each violation, for any violations of this | 22 | | Act and rules adopted in accordance with this Act. The | 23 | | procedures for disciplining a registered dispensing | 24 | | organization shall be determined by rule. All final | 25 | | administrative decisions of the Department of Financial and | 26 | | Professional Regulation are subject to judicial review under |
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| 1 | | the Administrative Review Law and its rules. The term | 2 | | "administrative decision" is defined as in Section 3-101 of the | 3 | | Code of Civil Procedure.
| 4 | | (o) Dispensing organizations are subject to random | 5 | | inspection and cannabis testing by the Department of Financial | 6 | | and Professional Regulation and State Police as provided by | 7 | | rule.
| 8 | | (Source: P.A. 98-122, eff. 1-1-14.)".
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