Full Text of SB2636 98th General Assembly
SB2636ham001 98TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 2636
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2636 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changing Sections 10, 45, 55, 60, and | 6 | | 70 as follows: | 7 | | (410 ILCS 130/10) | 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 10. Definitions. The following terms, as used in this | 10 | | Act, shall have the meanings set forth in this Section:
| 11 | | (a) "Adequate supply" means:
| 12 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 13 | | days and that is derived solely from an intrastate source.
| 14 | | (2) Subject to the rules of the Department of Public | 15 | | Health, a patient may apply for a waiver where a physician | 16 | | provides a substantial medical basis in a signed, written |
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| 1 | | statement asserting that, based on the patient's medical | 2 | | history, in the physician's professional judgment, 2.5 | 3 | | ounces is an insufficient adequate supply for a 14-day | 4 | | period to properly alleviate the patient's debilitating | 5 | | medical condition or symptoms associated with the | 6 | | debilitating medical condition.
| 7 | | (3) This subsection may not be construed to authorize | 8 | | the possession of more than 2.5 ounces at any time without | 9 | | authority from the Department of Public Health.
| 10 | | (4) The pre-mixed weight of medical cannabis used in | 11 | | making a cannabis infused product shall apply toward the | 12 | | limit on the total amount of medical cannabis a registered | 13 | | qualifying patient may possess at any one time. | 14 | | (b) "Cannabis" has the meaning given that term in Section 3 | 15 | | of the Cannabis Control Act.
| 16 | | (c) "Cannabis plant monitoring system" means a system that | 17 | | includes, but is not limited to, testing and data collection | 18 | | established and maintained by the registered cultivation | 19 | | center and available to the Department for the purposes of | 20 | | documenting each cannabis plant and for monitoring plant | 21 | | development throughout the life cycle of a cannabis plant | 22 | | cultivated for the intended use by a qualifying patient from | 23 | | seed planting to final packaging.
| 24 | | (d) "Cardholder" means a qualifying patient or a designated | 25 | | caregiver who has been issued and possesses a valid registry | 26 | | identification card by the Department of Public Health.
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| 1 | | (e) "Cultivation center" means a facility operated by an | 2 | | organization or business that is registered by the Department | 3 | | of Agriculture to perform necessary activities to provide only | 4 | | registered medical cannabis dispensing organizations with | 5 | | usable medical cannabis.
| 6 | | (f) "Cultivation center agent" means a principal officer, | 7 | | board member, employee, or agent of a registered cultivation | 8 | | center who is 21 years of age or older and has not been | 9 | | convicted of an excluded offense.
| 10 | | (g) "Cultivation center agent identification card" means a | 11 | | document issued by the Department of Agriculture that | 12 | | identifies a person as a cultivation center agent.
| 13 | | (h) "Debilitating medical condition" means one or more of | 14 | | the following: | 15 | | (1) cancer, glaucoma, positive status for human | 16 | | immunodeficiency virus, acquired immune deficiency | 17 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 18 | | Crohn's disease, agitation of Alzheimer's disease, | 19 | | cachexia/wasting syndrome, muscular dystrophy, severe | 20 | | fibromyalgia, spinal cord disease, including but not | 21 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 22 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 23 | | spinal cord injury, traumatic brain injury and | 24 | | post-concussion syndrome, Multiple Sclerosis, | 25 | | Arnold-Chiari malformation and Syringomyelia, | 26 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, |
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| 1 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | 2 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 3 | | (Complex Regional Pain Syndromes Type II), | 4 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 5 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 6 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 7 | | syndrome, residual limb pain, seizures (including those | 8 | | characteristic of epilepsy), or the treatment of these | 9 | | conditions; or
| 10 | | (2) any other debilitating medical condition or its | 11 | | treatment that is added by the Department of Public Health | 12 | | by rule as provided in Section 45. | 13 | | (i) "Designated caregiver" means a person who: (1) is at | 14 | | least 21 years of age; (2) has agreed to assist with a | 15 | | patient's medical use of cannabis; (3) has not been convicted | 16 | | of an excluded offense; and (4) assists no more than one | 17 | | registered qualifying patient with his or her medical use of | 18 | | cannabis.
| 19 | | (j) "Dispensing organization agent identification card" | 20 | | means a document issued by the Department of Financial and | 21 | | Professional Regulation that identifies a person as a medical | 22 | | cannabis dispensing organization agent.
| 23 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 24 | | building, or other enclosed area equipped with locks or other | 25 | | security devices that permit access only by a cultivation | 26 | | center's agents or a dispensing organization's agent working |
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| 1 | | for the registered cultivation center or the registered | 2 | | dispensing organization to cultivate, store, and distribute | 3 | | cannabis for registered qualifying patients.
| 4 | | (l) "Excluded offense" means:
| 5 | | (1) a violent crime defined in Section 3 of the Rights | 6 | | of Crime Victims and Witnesses Act or a substantially | 7 | | similar offense that was classified as a felony in the | 8 | | jurisdiction where the person was convicted; or
| 9 | | (2) a violation of a state or federal controlled | 10 | | substance law that was classified as a felony in the | 11 | | jurisdiction where the person was convicted, except that | 12 | | the registering Department may waive this restriction if | 13 | | the person demonstrates to the registering Department's | 14 | | satisfaction that his or her conviction was for the | 15 | | possession, cultivation, transfer, or delivery of a | 16 | | reasonable amount of cannabis intended for medical use. | 17 | | This exception does not apply if the conviction was under | 18 | | state law and involved a violation of an existing medical | 19 | | cannabis law.
| 20 | | (m) "Medical cannabis cultivation center registration" | 21 | | means a registration issued by the Department of Agriculture. | 22 | | (n) "Medical cannabis container" means a sealed, | 23 | | traceable, food compliant, tamper resistant, tamper evident | 24 | | container, or package used for the purpose of containment of | 25 | | medical cannabis from a cultivation center to a dispensing | 26 | | organization.
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| 1 | | (o) "Medical cannabis dispensing organization", or | 2 | | "dispensing organization", or "dispensary organization" means | 3 | | a facility operated by an organization or business that is | 4 | | registered by the Department of Financial and Professional | 5 | | Regulation to acquire medical cannabis from a registered | 6 | | cultivation center for the purpose of dispensing cannabis, | 7 | | paraphernalia, or related supplies and educational materials | 8 | | to registered qualifying patients.
| 9 | | (p) "Medical cannabis dispensing organization agent" or | 10 | | "dispensing organization agent" means a principal officer, | 11 | | board member, employee, or agent of a registered medical | 12 | | cannabis dispensing organization who is 21 years of age or | 13 | | older and has not been convicted of an excluded offense.
| 14 | | (q) "Medical cannabis infused product" means food, oils, | 15 | | ointments, or other products containing usable cannabis that | 16 | | are not smoked.
| 17 | | (r) "Medical use" means the acquisition; administration; | 18 | | delivery; possession; transfer; transportation; or use of | 19 | | cannabis to treat or alleviate a registered qualifying | 20 | | patient's debilitating medical condition or symptoms | 21 | | associated with the patient's debilitating medical condition.
| 22 | | (s) "Physician" means a doctor of medicine or doctor of | 23 | | osteopathy licensed under the Medical Practice Act of 1987 to | 24 | | practice medicine and who has a controlled substances license | 25 | | under Article III of the Illinois Controlled Substances Act. It | 26 | | does not include a licensed practitioner under any other Act |
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| 1 | | including but not limited to the Illinois Dental Practice Act.
| 2 | | (t) "Qualifying patient" means a person who has been | 3 | | diagnosed by a physician as having a debilitating medical | 4 | | condition.
| 5 | | (u) "Registered" means licensed, permitted, or otherwise | 6 | | certified by the Department of Agriculture, Department of | 7 | | Public Health, or Department of Financial and Professional | 8 | | Regulation.
| 9 | | (v) "Registry identification card" means a document issued | 10 | | by the Department of Public Health that identifies a person as | 11 | | a registered qualifying patient or registered designated | 12 | | caregiver.
| 13 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 14 | | flowers of the cannabis plant and any mixture or preparation | 15 | | thereof, but does not include the stalks, and roots of the | 16 | | plant. It does not include the weight of any non-cannabis | 17 | | ingredients combined with cannabis, such as ingredients added | 18 | | to prepare a topical administration, food, or drink.
| 19 | | (x) "Verification system" means a Web-based system | 20 | | established and maintained by the Department of Public Health | 21 | | that is available to the Department of Agriculture, the | 22 | | Department of Financial and Professional Regulation, law | 23 | | enforcement personnel, and registered medical cannabis | 24 | | dispensing organization agents on a 24-hour basis for the | 25 | | verification of registry
identification cards, the tracking of | 26 | | delivery of medical cannabis to medical cannabis dispensing |
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| 1 | | organizations, and the tracking of the date of sale, amount, | 2 | | and price of medical cannabis purchased by a registered | 3 | | qualifying patient.
| 4 | | (y) "Written certification" means a document dated and | 5 | | signed by a physician, stating (1) that in the physician's | 6 | | professional opinion the patient is likely to receive | 7 | | therapeutic or palliative benefit from the medical use of | 8 | | cannabis to treat or alleviate the patient's debilitating | 9 | | medical condition or symptoms associated with the debilitating | 10 | | medical condition; (2) that the qualifying patient has a | 11 | | debilitating medical condition and specifying the debilitating | 12 | | medical condition the qualifying patient has; and (3) that the | 13 | | patient is under the physician's care for the debilitating | 14 | | medical condition. A written certification shall be made only | 15 | | in the course of a bona fide physician-patient relationship, | 16 | | after the physician has completed an assessment of the | 17 | | qualifying patient's medical history, reviewed relevant | 18 | | records related to the patient's debilitating condition, and | 19 | | conducted a physical examination. | 20 | | A veteran who has received treatment at a VA hospital shall | 21 | | be deemed to have a bona fide physician-patient relationship | 22 | | with a VA physician if the patient has been seen for his or her | 23 | | debilitating medical condition at the VA Hospital in accordance | 24 | | with VA Hospital protocols. | 25 | | A bona fide physician-patient relationship under this | 26 | | subsection is a privileged communication within the meaning of |
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| 1 | | Section 8-802 of the Code of Civil Procedure.
| 2 | | (Source: P.A. 98-122, eff. 1-1-14.) | 3 | | (410 ILCS 130/45) | 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 45. Addition of debilitating medical conditions.
Any | 6 | | citizen may petition the Department of Public Health to add | 7 | | debilitating conditions or treatments to the list of | 8 | | debilitating medical conditions listed in subsection (h) of | 9 | | Section 10. The Department of Public Health shall consider | 10 | | petitions in the manner required by Department rule, including | 11 | | public notice and hearing. The Department of Public Health | 12 | | shall approve or deny a petition within 180 days of its | 13 | | submission, and, upon approval, shall proceed to add that | 14 | | condition by rule in accordance with the Administrative | 15 | | Procedure Act. The approval or denial of any petition is a | 16 | | final decision of the Department of Public Health , subject to | 17 | | judicial review. Jurisdiction and venue are vested in the | 18 | | Circuit Court. | 19 | | (b) Any citizen may petition the Department of Public | 20 | | Health to approve any debilitating medical condition listed in | 21 | | subsection (h) of Section 10 of this Act or any debilitating | 22 | | medical condition or treatment added pursuant to this Section | 23 | | as a condition or treatment for which a person under 18 years | 24 | | of age suffering from such condition is eligible to become a | 25 | | registered qualifying patient pursuant to Section 55 of this |
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| 1 | | Act. Such approval shall only be for the medical use of medical | 2 | | cannabis infused products. The Department of Public Health | 3 | | shall consider petitions in the manner required by Department | 4 | | rule, including public notice and hearing. The Department of | 5 | | Public Health shall approve or deny a petition within 180 days | 6 | | after its submission, and, upon approval, shall proceed to add | 7 | | by rule in accordance with the Administrative Procedure Act the | 8 | | condition as a condition for which persons under 18 years of | 9 | | age diagnosed with the condition are eligible to become | 10 | | registered qualifying patients. The approval or denial of any | 11 | | petition is a final decision of the Department of Public | 12 | | Health, subject to judicial review. Jurisdiction and venue are | 13 | | vested in the Circuit Court.
| 14 | | (Source: P.A. 98-122, eff. 1-1-14.) | 15 | | (410 ILCS 130/55) | 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 55. Registration of qualifying patients and | 18 | | designated caregivers.
| 19 | | (a) The Department of Public Health shall issue registry | 20 | | identification cards to qualifying patients and designated | 21 | | caregivers who submit a completed application, and at minimum, | 22 | | the following, in accordance with Department of Public Health | 23 | | rules:
| 24 | | (1) A written certification, on a form developed by the | 25 | | Department of Public Health and issued by a physician, |
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| 1 | | within 90 days immediately preceding the date of an | 2 | | application;
| 3 | | (2) upon the execution of applicable privacy waivers, | 4 | | the patient's medical documentation related to his or her | 5 | | debilitating condition and any other information that may | 6 | | be reasonably required by the Department of Public Health | 7 | | to confirm that the physician and patient have a bona fide | 8 | | physician-patient relationship, that the qualifying | 9 | | patient is in the physician's care for his or her | 10 | | debilitating medical condition, and to substantiate the | 11 | | patient's diagnosis;
| 12 | | (3) the application or renewal fee as set by rule;
| 13 | | (4) the name, address, date of birth, and social | 14 | | security number of the qualifying patient, except that if | 15 | | the applicant is homeless no address is required;
| 16 | | (5) the name, address, and telephone number of the | 17 | | qualifying patient's physician;
| 18 | | (6) the name, address, and date of birth of the | 19 | | designated caregiver, if any, chosen by the qualifying | 20 | | patient;
| 21 | | (7) the name of the registered medical cannabis | 22 | | dispensing organization the qualifying patient designates;
| 23 | | (8) signed statements from the patient and designated | 24 | | caregiver asserting that they will not divert medical | 25 | | cannabis; and
| 26 | | (9) completed background checks for the patient and |
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| 1 | | designated caregiver.
| 2 | | (b) A parent or legal guardian may submit an application on | 3 | | behalf of a patient under 18 years of age if the patient | 4 | | suffers from seizures, including those characteristic of | 5 | | epilepsy, or a debilitating medical condition approved by the | 6 | | Department of Public Health for registered qualifying patients | 7 | | under 18 years of age pursuant to subsection (b) of Section 45 | 8 | | of this Act. The application shall include a statement of | 9 | | consent by the parent or legal guardian. | 10 | | (Source: P.A. 98-122, eff. 1-1-14.) | 11 | | (410 ILCS 130/60) | 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 60. Issuance of registry identification cards.
| 14 | | (a) Except as provided in subsection (b), the Department of | 15 | | Public Health shall:
| 16 | | (1) verify the information contained in an application | 17 | | or renewal for a registry identification card submitted | 18 | | under this Act, and approve or deny an application or | 19 | | renewal, within 30 days of receiving a completed | 20 | | application or renewal application and all supporting | 21 | | documentation specified in Section 55;
| 22 | | (2) issue registry identification cards to a | 23 | | qualifying patient and his or her designated caregiver, if | 24 | | any, within 15 business days of approving the application | 25 | | or renewal;
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| 1 | | (3) enter the registry identification number of the | 2 | | registered dispensing organization the patient designates | 3 | | into the verification system; and
| 4 | | (4) allow for an electronic application process, and | 5 | | provide a confirmation by electronic or other methods that | 6 | | an application has been submitted.
| 7 | | (b) The Department of Public Health may not issue a | 8 | | registry identification card to a qualifying patient who is | 9 | | under 18 years of age , unless that patient suffers from | 10 | | seizures, including those characteristic of epilepsy, or a | 11 | | debilitating medical condition approved by the Department of | 12 | | Public Health for registered qualifying patients under 18 years | 13 | | of age pursuant to subsection (b) of Section 45 of this Act .
| 14 | | (c) A veteran who has received treatment at a VA hospital | 15 | | is deemed to have a bona fide physician-patient relationship | 16 | | with a VA physician if the patient has been seen for his or her | 17 | | debilitating medical condition at the VA hospital in accordance | 18 | | with VA hospital protocols.
All reasonable inferences | 19 | | regarding the existence of a bona fide physician-patient | 20 | | relationship shall be drawn in favor of an applicant who is a | 21 | | veteran and has undergone treatment at a VA hospital.
| 22 | | (d) Upon the approval of the registration and issuance of a | 23 | | registry card under this Section, the Department of Public | 24 | | Health shall forward the designated caregiver or registered | 25 | | qualified patient's driver's registration number to the | 26 | | Secretary of State and certify that the individual is permitted |
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| 1 | | to engage in the medical use of cannabis. For the purposes of | 2 | | law enforcement, the Secretary of State shall make a notation | 3 | | on the person's driving record stating the person is a | 4 | | registered qualifying patient who is entitled to the lawful | 5 | | medical use of cannabis. If the person no longer holds a valid | 6 | | registry card, the Department shall notify the Secretary of | 7 | | State and the Secretary of State shall remove the notation from | 8 | | the person's driving record. The Department and the Secretary | 9 | | of State may establish a system by which the information may be | 10 | | shared electronically.
| 11 | | (Source: P.A. 98-122, eff. 1-1-14.) | 12 | | (410 ILCS 130/70) | 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 70. Registry identification cards. | 15 | | (a) A registered qualifying patient or designated | 16 | | caregiver must keep their registry identification card in his | 17 | | or her possession at all times when engaging in the medical use | 18 | | of cannabis. | 19 | | (b) Except as provided in subsection (f) of this Section, | 20 | | registry Registry identification cards shall contain the | 21 | | following:
| 22 | | (1) the name of the cardholder;
| 23 | | (2) a designation of whether the cardholder is a | 24 | | designated caregiver or qualifying patient;
| 25 | | (3) the date of issuance and expiration date of the |
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| 1 | | registry identification card;
| 2 | | (4) a random alphanumeric identification number that | 3 | | is unique to the cardholder;
| 4 | | (5) if the cardholder is a designated caregiver, the | 5 | | random alphanumeric identification number of the | 6 | | registered qualifying patient the designated caregiver is | 7 | | receiving the registry identification card to assist; and
| 8 | | (6) a photograph of the cardholder, if required by | 9 | | Department of Public Health rules.
| 10 | | (c) To maintain a valid registration identification card, a | 11 | | registered qualifying patient and caregiver must annually | 12 | | resubmit, at least 45 days prior to the expiration date stated | 13 | | on the registry identification card, a completed renewal | 14 | | application, renewal fee, and accompanying documentation as | 15 | | described in Department of Public Health rules. The Department | 16 | | of Public Health shall send a notification to a registered | 17 | | qualifying patient or registered designated caregiver 90 days | 18 | | prior to the expiration of the registered qualifying patient's | 19 | | or registered designated caregiver's identification card. If | 20 | | the Department of Public Health fails to grant or deny a | 21 | | renewal application received in accordance with this Section, | 22 | | then the renewal is deemed granted and the registered | 23 | | qualifying patient or registered designated caregiver may | 24 | | continue to use the expired identification card until the | 25 | | Department of Public Health denies the renewal or issues a new | 26 | | identification card.
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| 1 | | (d) Except as otherwise provided in this Section, the | 2 | | expiration date is one year after the date of issuance.
| 3 | | (e) The Department of Public Health may electronically | 4 | | store in the card any or all of the information listed in | 5 | | subsection (b), along with the address and date of birth of the | 6 | | cardholder and the qualifying patient's designated dispensary | 7 | | organization, to allow it to be read by law enforcement agents.
| 8 | | (f) The Department of Public Health shall adopt rules for | 9 | | the issuance of a registry identification card that is of a | 10 | | distinct nature for qualifying patients who are under 18 years | 11 | | of age and suffer from seizures, including those characteristic | 12 | | of epilepsy, or a debilitating medical condition approved by | 13 | | the Department of Public Health for registered qualifying | 14 | | patients under 18 years of age pursuant to subsection (b) of | 15 | | Section 45 of this Act and their caregivers. Only a parent or | 16 | | legal guardian of a registered qualifying patient under 18 | 17 | | years of age can be designated as the patient's caregiver. The | 18 | | caregiver's registry identification card shall contain a | 19 | | notification that the caregiver can only purchase cannabis in | 20 | | the form of medical cannabis infused products. The registered | 21 | | qualifying patient's registry identification card shall | 22 | | contain a notification that the registered qualifying patient | 23 | | may not purchase any usable cannabis. The Department of Public | 24 | | Health shall adopt rules for providing new registry | 25 | | identification cards to a registered qualifying patient and his | 26 | | or her caregiver upon the registered qualifying patient |
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| 1 | | becoming 18 years of age. | 2 | | (Source: P.A. 98-122, eff. 1-1-14.)".
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