Full Text of HB3632 99th General Assembly
HB3632ham001 99TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 3/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3632
| 2 | | AMENDMENT NO. ______. Amend House Bill 3632 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| Program Act is amended by changing Section 10 as follows: | 6 | | (410 ILCS 130/10) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 10. Definitions. The following terms, as used in this | 9 | | Act, shall have the meanings set forth in this Section:
| 10 | | (a) "Adequate supply" means:
| 11 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 12 | | days and that is derived solely from an intrastate source.
| 13 | | (2) Subject to the rules of the Department of Public | 14 | | Health, a patient may apply for a waiver where a physician | 15 | | provides a substantial medical basis in a signed, written | 16 | | statement asserting that, based on the patient's medical |
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| 1 | | history, in the physician's professional judgment, 2.5 | 2 | | ounces is an insufficient adequate supply for a 14-day | 3 | | period to properly alleviate the patient's debilitating | 4 | | medical condition or symptoms associated with the | 5 | | debilitating medical condition.
| 6 | | (3) This subsection may not be construed to authorize | 7 | | the possession of more than 2.5 ounces at any time without | 8 | | authority from the Department of Public Health.
| 9 | | (4) The pre-mixed weight of medical cannabis used in | 10 | | making a cannabis infused product shall apply toward the | 11 | | limit on the total amount of medical cannabis a registered | 12 | | qualifying patient may possess at any one time. | 13 | | (b) "Cannabis" has the meaning given to "cannabis" and | 14 | | "hash oil" that term in Section 3 of the Cannabis Control Act.
| 15 | | (c) "Cannabis plant monitoring system" means a system that | 16 | | includes, but is not limited to, testing and data collection | 17 | | established and maintained by the registered cultivation | 18 | | center and available to the Department for the purposes of | 19 | | documenting each cannabis plant and for monitoring plant | 20 | | development throughout the life cycle of a cannabis plant | 21 | | cultivated for the intended use by a qualifying patient from | 22 | | seed planting to final packaging.
| 23 | | (d) "Cardholder" means a qualifying patient or a designated | 24 | | caregiver who has been issued and possesses a valid registry | 25 | | identification card by the Department of Public Health.
| 26 | | (e) "Cultivation center" means a facility operated by an |
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| 1 | | organization or business that is registered by the Department | 2 | | of Agriculture to perform necessary activities to provide only | 3 | | registered medical cannabis dispensing organizations with | 4 | | usable medical cannabis.
| 5 | | (f) "Cultivation center agent" means a principal officer, | 6 | | board member, employee, or agent of a registered cultivation | 7 | | center who is 21 years of age or older and has not been | 8 | | convicted of an excluded offense.
| 9 | | (g) "Cultivation center agent identification card" means a | 10 | | document issued by the Department of Agriculture that | 11 | | identifies a person as a cultivation center agent.
| 12 | | (h) "Debilitating medical condition" means one or more of | 13 | | the following: | 14 | | (1) cancer, glaucoma, positive status for human | 15 | | immunodeficiency virus, acquired immune deficiency | 16 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 17 | | Crohn's disease, agitation of Alzheimer's disease, | 18 | | cachexia/wasting syndrome, muscular dystrophy, severe | 19 | | fibromyalgia, spinal cord disease, including but not | 20 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 21 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 22 | | spinal cord injury, traumatic brain injury and | 23 | | post-concussion syndrome, Multiple Sclerosis, | 24 | | Arnold-Chiari malformation and Syringomyelia, | 25 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | 26 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD |
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| 1 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 2 | | (Complex Regional Pain Syndromes Type II), | 3 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 4 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 5 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 6 | | syndrome, residual limb pain, seizures (including those | 7 | | characteristic of epilepsy), or the treatment of these | 8 | | conditions; or
| 9 | | (2) any other debilitating medical condition or its | 10 | | treatment that is added by the Department of Public Health | 11 | | by rule as provided in Section 45. | 12 | | (i) "Designated caregiver" means a person who: (1) is at | 13 | | least 21 years of age; (2) has agreed to assist with a | 14 | | patient's medical use of cannabis; (3) has not been convicted | 15 | | of an excluded offense; and (4) assists no more than one | 16 | | registered qualifying patient with his or her medical use of | 17 | | cannabis.
| 18 | | (j) "Dispensing organization agent identification card" | 19 | | means a document issued by the Department of Financial and | 20 | | Professional Regulation that identifies a person as a medical | 21 | | cannabis dispensing organization agent.
| 22 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 23 | | building, or other enclosed area equipped with locks or other | 24 | | security devices that permit access only by a cultivation | 25 | | center's agents or a dispensing organization's agent working | 26 | | for the registered cultivation center or the registered |
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| 1 | | dispensing organization to cultivate, store, and distribute | 2 | | cannabis for registered qualifying patients.
| 3 | | (l) "Excluded offense" means:
| 4 | | (1) a violent crime defined in Section 3 of the Rights | 5 | | of Crime Victims and Witnesses Act or a substantially | 6 | | similar offense that was classified as a felony in the | 7 | | jurisdiction where the person was convicted; or
| 8 | | (2) a violation of a state or federal controlled | 9 | | substance law that was classified as a felony in the | 10 | | jurisdiction where the person was convicted, except that | 11 | | the registering Department may waive this restriction if | 12 | | the person demonstrates to the registering Department's | 13 | | satisfaction that his or her conviction was for the | 14 | | possession, cultivation, transfer, or delivery of a | 15 | | reasonable amount of cannabis intended for medical use. | 16 | | This exception does not apply if the conviction was under | 17 | | state law and involved a violation of an existing medical | 18 | | cannabis law.
| 19 | | (m) "Medical cannabis cultivation center registration" | 20 | | means a registration issued by the Department of Agriculture. | 21 | | (n) "Medical cannabis container" means a sealed, | 22 | | traceable, food compliant, tamper resistant, tamper evident | 23 | | container, or package used for the purpose of containment of | 24 | | medical cannabis from a cultivation center to a dispensing | 25 | | organization.
| 26 | | (o) "Medical cannabis dispensing organization", or |
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| 1 | | "dispensing organization", or "dispensary organization" means | 2 | | a facility operated by an organization or business that is | 3 | | registered by the Department of Financial and Professional | 4 | | Regulation to acquire medical cannabis from a registered | 5 | | cultivation center for the purpose of dispensing cannabis, | 6 | | paraphernalia, or related supplies and educational materials | 7 | | to registered qualifying patients.
| 8 | | (p) "Medical cannabis dispensing organization agent" or | 9 | | "dispensing organization agent" means a principal officer, | 10 | | board member, employee, or agent of a registered medical | 11 | | cannabis dispensing organization who is 21 years of age or | 12 | | older and has not been convicted of an excluded offense.
| 13 | | (q) "Medical cannabis infused product" means food, oils, | 14 | | ointments, or other products containing usable cannabis that | 15 | | are not smoked.
| 16 | | (r) "Medical use" means the acquisition; administration; | 17 | | delivery; possession; transfer; transportation; or use of | 18 | | cannabis to treat or alleviate a registered qualifying | 19 | | patient's debilitating medical condition or symptoms | 20 | | associated with the patient's debilitating medical condition.
| 21 | | (s) "Physician" means a doctor of medicine or doctor of | 22 | | osteopathy licensed under the Medical Practice Act of 1987 to | 23 | | practice medicine and who has a controlled substances license | 24 | | under Article III of the Illinois Controlled Substances Act. It | 25 | | does not include a licensed practitioner under any other Act | 26 | | including but not limited to the Illinois Dental Practice Act.
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| 1 | | (t) "Qualifying patient" means a person who has been | 2 | | diagnosed by a physician as having a debilitating medical | 3 | | condition.
| 4 | | (u) "Registered" means licensed, permitted, or otherwise | 5 | | certified by the Department of Agriculture, Department of | 6 | | Public Health, or Department of Financial and Professional | 7 | | Regulation.
| 8 | | (v) "Registry identification card" means a document issued | 9 | | by the Department of Public Health that identifies a person as | 10 | | a registered qualifying patient or registered designated | 11 | | caregiver.
| 12 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 13 | | flowers of the cannabis plant and any mixture or preparation | 14 | | thereof, but does not include the stalks, and roots of the | 15 | | plant. It does not include the weight of any non-cannabis | 16 | | ingredients combined with cannabis, such as ingredients added | 17 | | to prepare a topical administration, food, or drink.
| 18 | | (x) "Verification system" means a Web-based system | 19 | | established and maintained by the Department of Public Health | 20 | | that is available to the Department of Agriculture, the | 21 | | Department of Financial and Professional Regulation, law | 22 | | enforcement personnel, and registered medical cannabis | 23 | | dispensing organization agents on a 24-hour basis for the | 24 | | verification of registry
identification cards, the tracking of | 25 | | delivery of medical cannabis to medical cannabis dispensing | 26 | | organizations, and the tracking of the date of sale, amount, |
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| 1 | | and price of medical cannabis purchased by a registered | 2 | | qualifying patient.
| 3 | | (y) "Written certification" means a document dated and | 4 | | signed by a physician, stating (1) that in the physician's | 5 | | professional opinion the patient is likely to receive | 6 | | therapeutic or palliative benefit from the medical use of | 7 | | cannabis to treat or alleviate the patient's debilitating | 8 | | medical condition or symptoms associated with the debilitating | 9 | | medical condition; (2) that the qualifying patient has a | 10 | | debilitating medical condition and specifying the debilitating | 11 | | medical condition the qualifying patient has; and (3) that the | 12 | | patient is under the physician's care for the debilitating | 13 | | medical condition. A written certification shall be made only | 14 | | in the course of a bona fide physician-patient relationship, | 15 | | after the physician has completed an assessment of the | 16 | | qualifying patient's medical history, reviewed relevant | 17 | | records related to the patient's debilitating condition, and | 18 | | conducted a physical examination. | 19 | | A veteran who has received treatment at a VA hospital shall | 20 | | be deemed to have a bona fide physician-patient relationship | 21 | | with a VA physician if the patient has been seen for his or her | 22 | | debilitating medical condition at the VA Hospital in accordance | 23 | | with VA Hospital protocols. | 24 | | A bona fide physician-patient relationship under this | 25 | | subsection is a privileged communication within the meaning of | 26 | | Section 8-802 of the Code of Civil Procedure.
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| 1 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .) | 2 | | Section 10. The Cannabis Control Act is amended by changing | 3 | | Sections 3 and 5 and by adding Section 5.05 as follows:
| 4 | | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| 5 | | Sec. 3. As used in this Act, unless the context otherwise | 6 | | requires:
| 7 | | (a) "Cannabis" includes marihuana, hashish and other | 8 | | substances which
are identified as including any parts of the | 9 | | plant Cannabis Sativa, whether
growing or not; the seeds | 10 | | thereof, the resin extracted from any part of
such plant; and | 11 | | any compound, manufacture, salt, derivative, mixture, or
| 12 | | preparation of such plant, its seeds, or resin, including | 13 | | tetrahydrocannabinol
(THC) and all other cannabinol | 14 | | derivatives, including its naturally occurring
or | 15 | | synthetically produced ingredients, whether produced directly | 16 | | or indirectly
by extraction, or independently by means of | 17 | | chemical synthesis or by a
combination
of extraction and | 18 | | chemical synthesis; but shall not include the mature stalks
of | 19 | | such plant, fiber produced from such stalks, oil or cake made | 20 | | from the
seeds of such plant, any other compound, manufacture, | 21 | | salt, derivative,
mixture, or preparation of such mature stalks | 22 | | (except the resin extracted
therefrom), fiber, oil or cake, or | 23 | | the sterilized seed of such plant which
is incapable of | 24 | | germination.
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| 1 | | (b) "Casual delivery" means the delivery of not more than | 2 | | 10 grams of
any substance containing cannabis without | 3 | | consideration.
| 4 | | (c) "Department" means the Illinois Department of Human | 5 | | Services (as
successor to the Department of Alcoholism and | 6 | | Substance Abuse) or its successor agency.
| 7 | | (d) "Deliver" or "delivery" means the actual, constructive | 8 | | or attempted
transfer of possession of cannabis, with or | 9 | | without consideration, whether
or not there is an agency | 10 | | relationship.
| 11 | | (e) "Department of State Police" means the Department
of | 12 | | State Police of the State of Illinois or its successor agency.
| 13 | | (f) "Director" means the Director of the Department of | 14 | | State Police
or his designated agent.
| 15 | | (f-1) "Hash oil" means the resin extracted from a part of | 16 | | the plant Cannabis Sativa or a compound, manufacture, salt, | 17 | | derivative, mixture, or preparation of the resin. | 18 | | (g) "Local authorities" means a duly organized State, | 19 | | county, or municipal
peace unit or police force.
| 20 | | (h) "Manufacture" means the production, preparation, | 21 | | propagation,
compounding,
conversion or processing of | 22 | | cannabis, either directly or indirectly, by
extraction from | 23 | | substances of natural origin, or independently by means
of | 24 | | chemical synthesis, or by a combination of extraction and | 25 | | chemical
synthesis,
and includes any packaging or repackaging | 26 | | of cannabis or labeling of its
container, except that this term |
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| 1 | | does not include the preparation, compounding,
packaging, or | 2 | | labeling of cannabis as an incident to lawful research, | 3 | | teaching,
or chemical analysis and not for sale.
| 4 | | (i) "Person" means any individual, corporation, government | 5 | | or governmental
subdivision or agency, business trust, estate, | 6 | | trust, partnership or association,
or any other entity.
| 7 | | (j) "Produce" or "production" means planting, cultivating, | 8 | | tending or harvesting.
| 9 | | (k) "State" includes the State of Illinois and any state, | 10 | | district, commonwealth,
territory, insular possession thereof, | 11 | | and any area subject to the legal
authority of the United | 12 | | States of America.
| 13 | | (l) "Subsequent offense" means an offense under this Act, | 14 | | the offender
of which, prior to his conviction of the offense, | 15 | | has at any time been convicted
under this Act or under any laws | 16 | | of the United States or of any state relating
to cannabis, or | 17 | | any controlled substance as defined in the Illinois Controlled
| 18 | | Substances Act.
| 19 | | (Source: P.A. 89-507, eff. 7-1-97 .)
| 20 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
| 21 | | Sec. 5.
It is unlawful for any person knowingly to | 22 | | manufacture, deliver, or
possess with intent to deliver , or | 23 | | manufacture, cannabis , other than hash oil . Any person who
| 24 | | violates this section with respect to:
| 25 | | (a) not more than 2.5 grams of any substance containing |
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| 1 | | cannabis , other than hash oil, is
guilty of a Class B | 2 | | misdemeanor;
| 3 | | (b) more than 2.5 grams but not more than 10 grams of any | 4 | | substance
containing cannabis , other than hash oil, is guilty | 5 | | of a Class A misdemeanor;
| 6 | | (c) more than 10 grams but not more than 30 grams of any | 7 | | substance
containing cannabis , other than hash oil, is guilty | 8 | | of a Class 4 felony;
| 9 | | (d) more than 30 grams but not more than 500 grams of any | 10 | | substance
containing cannabis , other than hash oil, is guilty | 11 | | of a Class 3 felony for which a fine not
to exceed $50,000 may | 12 | | be imposed;
| 13 | | (e) more than 500 grams but not more than 2,000 grams of | 14 | | any substance
containing cannabis , other than hash oil, is | 15 | | guilty
of a Class 2 felony for which a fine not to exceed | 16 | | $100,000 may be
imposed;
| 17 | | (f) more than 2,000 grams but not more than 5,000 grams of | 18 | | any
substance containing cannabis , other than hash oil, is | 19 | | guilty of a Class 1 felony for which a
fine not to exceed | 20 | | $150,000 may be imposed;
| 21 | | (g) more than 5,000 grams of any substance containing | 22 | | cannabis , other than hash oil, is guilty
of a Class X felony | 23 | | for which a fine not to exceed $200,000 may be imposed.
| 24 | | (Source: P.A. 90-397, eff. 8-15-97.)
| 25 | | (720 ILCS 550/5.05 new) |
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| 1 | | Sec. 5.05. Manufacture, delivery, or possession with | 2 | | intent to manufacture or deliver hash oil. | 3 | | (a) It is unlawful for any person knowingly to manufacture, | 4 | | deliver, or
possess with intent to deliver or manufacture, hash | 5 | | oil. Except as otherwise provided in subsection (b) of this | 6 | | Section, any person who
violates this Section with respect to: | 7 | | (1) not more than 1 gram of any substance containing | 8 | | hash oil is guilty of a Class 3 felony; | 9 | | (2) more than 1 gram but not more than 4 grams of any | 10 | | substance containing hash oil is guilty of a Class 2 | 11 | | felony; | 12 | | (3) more than 4 grams but not more than 400 grams of | 13 | | any substance containing hash oil is guilty of a Class 1 | 14 | | felony; | 15 | | (4) more than 400 grams of any substance containing | 16 | | hash oil is guilty of a Class X felony. | 17 | | (b) Any person who violates subsection (a) of this Section | 18 | | with respect to: | 19 | | (1) not more than 100 grams of any substance containing | 20 | | hash oil that
also contains flour, a flour substitute, or a | 21 | | baking mix, is a Class 3
felony; | 22 | | (2) more than 100 grams but not more than 400 grams of | 23 | | any substance
containing hash oil that also contains flour, | 24 | | a flour substitute, or a baking
mix, is guilty of a Class 2 | 25 | | felony; | 26 | | (3) more than 400 grams but not more than 1,600 grams |
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| 1 | | of any substance
containing hash oil that also contains | 2 | | flour, a flour substitute, or a baking
mix, is guilty of a | 3 | | Class 1 felony; | 4 | | (4) more than 1,600 grams of any substance containing | 5 | | hash oil that also
contains flour, a flour substitute, or a | 6 | | baking mix, is guilty of a Class X
felony. ".
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