SB1707 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1707

 

Introduced 2/9/2017, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/105
410 ILCS 130/130

    Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that all persons providing medical cannabis related services under the Act for a cultivation center shall hold certification as a Certified Medical Cannabis Cultivation Center Agent. Provides that all persons providing medical cannabis related services under the Act for a dispensing organization shall hold certification as a Certified Medical Cannabis Dispensing Organization Agent or Dispensing Organization Agent.


LRB100 11322 MJP 21693 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 105 and 130 as
6follows:
 
7    (410 ILCS 130/105)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 105. Requirements; prohibitions; penalties for
10cultivation centers.
11    (a) The operating documents of a registered cultivation
12center shall include procedures for the oversight of the
13cultivation center, a cannabis plant monitoring system
14including a physical inventory recorded weekly, a cannabis
15container system including a physical inventory recorded
16weekly, accurate record keeping, and a staffing plan.
17    (b) A registered cultivation center shall implement a
18security plan reviewed by the State Police and including but
19not limited to: facility access controls, perimeter intrusion
20detection systems, personnel identification systems, 24-hour
21surveillance system to monitor the interior and exterior of the
22registered cultivation center facility and accessible to
23authorized law enforcement and the Department of Agriculture in

 

 

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1real-time.
2    (c) A registered cultivation center may not be located
3within 2,500 feet of the property line of a pre-existing public
4or private preschool or elementary or secondary school or day
5care center, day care home, group day care home, part day child
6care facility, or an area zoned for residential use.
7    (d) All cultivation of cannabis for distribution to a
8registered dispensing organization must take place in an
9enclosed, locked facility as it applies to cultivation centers
10at the physical address provided to the Department of
11Agriculture during the registration process. The cultivation
12center location shall only be accessed by the cultivation
13center agents working for the registered cultivation center,
14Department of Agriculture staff performing inspections,
15Department of Public Health staff performing inspections, law
16enforcement or other emergency personnel, and contractors
17working on jobs unrelated to medical cannabis, such as
18installing or maintaining security devices or performing
19electrical wiring.
20    (e) A cultivation center may not sell or distribute any
21cannabis to any individual or entity other than a dispensary
22organization registered under this Act.
23    (f) All harvested cannabis intended for distribution to a
24dispensing organization must be packaged in a labeled medical
25cannabis container and entered into a data collection system.
26    (g) No person who has been convicted of an excluded offense

 

 

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1may be a cultivation center agent.
2    (h) Registered cultivation centers are subject to random
3inspection by the State Police.
4    (i) Registered cultivation centers are subject to random
5inspections by the Department of Agriculture and the Department
6of Public Health.
7    (j) A cultivation center agent shall notify local law
8enforcement, the State Police, and the Department of
9Agriculture within 24 hours of the discovery of any loss or
10theft. Notification shall be made by phone or in-person, or by
11written or electronic communication.
12    (k) A cultivation center shall comply with all State and
13federal rules and regulations regarding the use of pesticides.
14    (l) All persons providing medical cannabis related
15services under this Act for a cultivation center shall hold
16certification as a Certified Medical Cannabis Cultivation
17Center Agent.
18(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
19    (410 ILCS 130/130)
20    (Section scheduled to be repealed on July 1, 2020)
21    Sec. 130. Requirements; prohibitions; penalties;
22dispensing organizations.
23    (a) The Department of Financial and Professional
24Regulation shall implement the provisions of this Section by
25rule.

 

 

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1    (b) A dispensing organization shall maintain operating
2documents which shall include procedures for the oversight of
3the registered dispensing organization and procedures to
4ensure accurate recordkeeping.
5    (c) A dispensing organization shall implement appropriate
6security measures, as provided by rule, to deter and prevent
7the theft of cannabis and unauthorized entrance into areas
8containing cannabis.
9    (d) A dispensing organization may not be located within
101,000 feet of the property line of a pre-existing public or
11private preschool or elementary or secondary school or day care
12center, day care home, group day care home, or part day child
13care facility. A registered dispensing organization may not be
14located in a house, apartment, condominium, or an area zoned
15for residential use.
16    (e) A dispensing organization is prohibited from acquiring
17cannabis from anyone other than a registered cultivation
18center. A dispensing organization is prohibited from obtaining
19cannabis from outside the State of Illinois.
20    (f) A registered dispensing organization is prohibited
21from dispensing cannabis for any purpose except to assist
22registered qualifying patients with the medical use of cannabis
23directly or through the qualifying patients' designated
24caregivers.
25    (g) The area in a dispensing organization where medical
26cannabis is stored can only be accessed by dispensing

 

 

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1organization agents working for the dispensing organization,
2Department of Financial and Professional Regulation staff
3performing inspections, law enforcement or other emergency
4personnel, and contractors working on jobs unrelated to medical
5cannabis, such as installing or maintaining security devices or
6performing electrical wiring.
7    (h) A dispensing organization may not dispense more than
82.5 ounces of cannabis to a registered qualifying patient,
9directly or via a designated caregiver, in any 14-day period
10unless the qualifying patient has a Department of Public
11Health-approved quantity waiver.
12    (i) Before medical cannabis may be dispensed to a
13designated caregiver or a registered qualifying patient, a
14dispensing organization agent must determine that the
15individual is a current cardholder in the verification system
16and must verify each of the following:
17        (1) that the registry identification card presented to
18    the registered dispensing organization is valid;
19        (2) that the person presenting the card is the person
20    identified on the registry identification card presented
21    to the dispensing organization agent;
22        (3) that the dispensing organization is the designated
23    dispensing organization for the registered qualifying
24    patient who is obtaining the cannabis directly or via his
25    or her designated caregiver; and
26        (4) that the registered qualifying patient has not

 

 

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1    exceeded his or her adequate supply.
2    (j) Dispensing organizations shall ensure compliance with
3this limitation by maintaining internal, confidential records
4that include records specifying how much medical cannabis is
5dispensed to the registered qualifying patient and whether it
6was dispensed directly to the registered qualifying patient or
7to the designated caregiver. Each entry must include the date
8and time the cannabis was dispensed. Additional recordkeeping
9requirements may be set by rule.
10    (k) The physician-patient privilege as set forth by Section
118-802 of the Code of Civil Procedure shall apply between a
12qualifying patient and a registered dispensing organization
13and its agents with respect to communications and records
14concerning qualifying patients' debilitating conditions.
15    (l) A dispensing organization may not permit any person to
16consume cannabis on the property of a medical cannabis
17organization.
18    (m) A dispensing organization may not share office space
19with or refer patients to a physician.
20    (n) Notwithstanding any other criminal penalties related
21to the unlawful possession of cannabis, the Department of
22Financial and Professional Regulation may revoke, suspend,
23place on probation, reprimand, refuse to issue or renew, or
24take any other disciplinary or non-disciplinary action as the
25Department of Financial and Professional Regulation may deem
26proper with regard to the registration of any person issued

 

 

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1under this Act to operate a dispensing organization or act as a
2dispensing organization agent, including imposing fines not to
3exceed $10,000 for each violation, for any violations of this
4Act and rules adopted in accordance with this Act. The
5procedures for disciplining a registered dispensing
6organization shall be determined by rule. All final
7administrative decisions of the Department of Financial and
8Professional Regulation are subject to judicial review under
9the Administrative Review Law and its rules. The term
10"administrative decision" is defined as in Section 3-101 of the
11Code of Civil Procedure.
12    (o) Dispensing organizations are subject to random
13inspection and cannabis testing by the Department of Financial
14and Professional Regulation and State Police as provided by
15rule.
16    (p) All persons providing medical cannabis related
17services under this Act for a dispensing organization shall
18hold certification as a Certified Medical Cannabis Dispensing
19Organization Agent or Dispensing Organization Agent.
20(Source: P.A. 98-122, eff. 1-1-14.)