Full Text of SB0455 101st General Assembly
SB0455eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 22-33 as follows: | 6 | | (105 ILCS 5/22-33) | 7 | | Sec. 22-33. Medical cannabis. | 8 | | (a) This Section may be referred to as Ashley's Law. | 9 | | (a-5) In this Section : | 10 | | "Designated , "designated caregiver", "medical cannabis | 11 | | infused product", "qualifying patient", and "registered" have | 12 | | the meanings given to those terms under Section 10 of the | 13 | | Compassionate Use of Medical Cannabis Pilot Program Act. | 14 | | "Self-administration" means a student's discretionary use | 15 | | of his or her medical cannabis infused product. | 16 | | (b) Subject to the restrictions under subsections (c) | 17 | | through (g) of this Section, a school district, public school, | 18 | | charter school, or nonpublic school shall authorize a parent or | 19 | | guardian or any other individual registered with the Department | 20 | | of Public Health as a designated caregiver of a student who is | 21 | | a registered qualifying patient to administer a medical | 22 | | cannabis infused product to the student on the premises of the | 23 | | child's school or on the child's school bus if both the student |
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| 1 | | (as a registered qualifying patient) and the parent or guardian | 2 | | or other individual (as a registered designated caregiver) have | 3 | | been issued registry identification cards under the | 4 | | Compassionate Use of Medical Cannabis Pilot Program Act. After | 5 | | administering the product, the parent or guardian or other | 6 | | individual shall remove the product from the school premises or | 7 | | the school bus. | 8 | | (b-5) Notwithstanding subsection (b) and subject to the | 9 | | restrictions under subsections (c) through (g), a school | 10 | | district, public school, charter school, or nonpublic school | 11 | | must allow a school nurse or school administrator to administer | 12 | | a medical cannabis infused product to a student who is a | 13 | | registered qualifying patient (i) while on school premises, | 14 | | (ii) while at a school-sponsored activity, or (iii) before or | 15 | | after normal school activities, including while the student is | 16 | | in before-school or after-school care on school-operated | 17 | | property or while the student is being transported on a school | 18 | | bus. A school district, public school, charter school, or | 19 | | nonpublic school may authorize the self-administration of a | 20 | | medical cannabis infused product by a student who is a | 21 | | registered qualifying patient if the self-administration takes | 22 | | place under the direct supervision of a school nurse or school | 23 | | administrator. | 24 | | Before allowing the administration of a medical cannabis | 25 | | infused product by a school nurse or school administrator or a | 26 | | student's self-administration of a medical cannabis infused |
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| 1 | | product under the supervision of a school nurse or school | 2 | | administrator under this subsection, the parent or guardian of | 3 | | a student who is the registered qualifying patient must provide | 4 | | written authorization for its use, along with a copy of the | 5 | | registry identification card of the student (as a registered | 6 | | qualifying patient) and the parent or guardian (as a registered | 7 | | designated caregiver). The written authorization must specify | 8 | | the times where or the special circumstances under which the | 9 | | medical cannabis infused product must be administered. The | 10 | | written authorization and a copy of the registry identification | 11 | | cards must be kept on file in the office of the school nurse. | 12 | | The authorization for a student to self-administer medical | 13 | | cannabis infused products is effective for the school year in | 14 | | which it is granted and must be renewed each subsequent school | 15 | | year upon fulfillment of the requirements of this Section. | 16 | | (b-10) Medical cannabis infused products that are to be | 17 | | administered under subsection (b-5) must be stored with the | 18 | | school nurse at all times in a manner consistent with storage | 19 | | of other student medication at the school and may be accessible | 20 | | only by the school nurse or a school administrator. | 21 | | (c) A parent or guardian or other individual may not | 22 | | administer a medical cannabis infused product under this | 23 | | Section in a manner that, in the opinion of the school district | 24 | | or school, would create a disruption to the school's | 25 | | educational environment or would cause exposure of the product | 26 | | to other students. |
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| 1 | | (d) A school district or school may not discipline a | 2 | | student who is administered a medical cannabis infused product | 3 | | by a parent or guardian or other individual under this Section | 4 | | or who self-administers a medical cannabis infused product | 5 | | under the supervision of a school nurse or school administrator | 6 | | under this Section and may not deny the student's eligibility | 7 | | to attend school solely because the student requires the | 8 | | administration of the product. | 9 | | (e) Nothing in this Section requires a member of a school's | 10 | | staff to administer a medical cannabis infused product to a | 11 | | student. | 12 | | (f) A school district, public school, charter school, or | 13 | | nonpublic school may not authorize the use of a medical | 14 | | cannabis infused product under this Section if the school | 15 | | district or school would lose federal funding as a result of | 16 | | the authorization. | 17 | | (f-5) The State Board of Education, in consultation with | 18 | | the Department of Public Health, must develop a training | 19 | | curriculum for school nurses and school administrators on the | 20 | | administration of medical cannabis infused products. Prior to | 21 | | the administration of a medical cannabis infused product under | 22 | | subsection (b-5), a school nurse or school administrator must | 23 | | annually complete the training curriculum developed under this | 24 | | subsection and must submit to the school's administration proof | 25 | | of its completion. A school district, public school, charter | 26 | | school, or nonpublic school must maintain records related to |
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| 1 | | the training curriculum and of the school nurses or school | 2 | | administrators who have completed the training. | 3 | | (g) A school district, public school, charter school, or | 4 | | nonpublic school shall adopt a policy to implement
this | 5 | | Section.
| 6 | | (Source: P.A. 100-660, eff. 8-1-18.)
| 7 | | Section 10. The Compassionate Use of Medical Cannabis Pilot | 8 | | Program Act is amended by changing Section 25 as follows: | 9 | | (410 ILCS 130/25) | 10 | | (Section scheduled to be repealed on July 1, 2020)
| 11 | | Sec. 25. Immunities and presumptions related to the medical | 12 | | use of cannabis.
| 13 | | (a) A registered qualifying patient is not subject to | 14 | | arrest, prosecution, or denial of any right or privilege, | 15 | | including but not limited to civil penalty or disciplinary | 16 | | action by an occupational or professional licensing board, for | 17 | | the medical use of cannabis in accordance with this Act, if the | 18 | | registered qualifying patient possesses an amount of cannabis | 19 | | that does not exceed an adequate supply as defined in | 20 | | subsection (a) of Section 10 of this Act of usable cannabis | 21 | | and, where the registered qualifying patient is a licensed | 22 | | professional, the use of cannabis does not impair that licensed | 23 | | professional when he or she is engaged in the practice of the | 24 | | profession for which he or she is licensed.
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| 1 | | (b) A registered designated caregiver is not subject to | 2 | | arrest, prosecution, or denial of any right or privilege, | 3 | | including but not limited to civil penalty or disciplinary | 4 | | action by an occupational or professional licensing board, for | 5 | | acting in accordance with this Act to assist a registered | 6 | | qualifying patient to whom he or she is connected through the | 7 | | Department's registration process with the medical use of | 8 | | cannabis if the designated caregiver possesses an amount of | 9 | | cannabis that does not exceed an adequate supply as defined in | 10 | | subsection (a) of Section 10 of this Act of usable cannabis. A | 11 | | school nurse or school administrator is not subject to arrest, | 12 | | prosecution, or denial of any right or privilege, including, | 13 | | but not limited to, a civil penalty, for acting in accordance | 14 | | with Section 22-33 of the School Code relating to administering | 15 | | or assisting a student in self-administering a medical cannabis | 16 | | infused product. The total amount possessed between the | 17 | | qualifying patient and caregiver shall not exceed the patient's | 18 | | adequate supply as defined in subsection (a) of Section 10 of | 19 | | this Act. | 20 | | (c) A registered qualifying patient or registered | 21 | | designated caregiver is not subject to
arrest, prosecution, or | 22 | | denial of any right or privilege, including but not limited to | 23 | | civil penalty or disciplinary action by an occupational or | 24 | | professional licensing board for possession of cannabis that is | 25 | | incidental to medical use, but is not usable cannabis as | 26 | | defined in this Act.
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| 1 | | (d)(1) There is a rebuttable presumption that a registered | 2 | | qualifying patient is engaged in, or a designated caregiver is | 3 | | assisting with, the medical use of cannabis in accordance with | 4 | | this Act if the qualifying patient or designated caregiver: | 5 | | (A) is in possession of a valid registry identification | 6 | | card; and | 7 | | (B) is in possession of an amount of cannabis that does | 8 | | not exceed the amount allowed under subsection (a) of | 9 | | Section 10. | 10 | | (2) The presumption may be rebutted by evidence that | 11 | | conduct related to cannabis was not for the purpose of treating | 12 | | or alleviating the qualifying patient's debilitating medical | 13 | | condition or symptoms associated with the debilitating medical | 14 | | condition in compliance with this Act.
| 15 | | (e) A physician is not subject to arrest, prosecution, or | 16 | | penalty in any manner, or denied any right or privilege, | 17 | | including but not limited to civil penalty or disciplinary | 18 | | action by the Medical Disciplinary Board or by any other | 19 | | occupational or professional licensing board, solely for | 20 | | providing written certifications or for otherwise stating | 21 | | that, in the physician's professional opinion, a patient is | 22 | | likely to receive therapeutic or palliative benefit from the | 23 | | medical use of cannabis to treat or alleviate the patient's | 24 | | debilitating medical condition or symptoms associated with the | 25 | | debilitating medical condition, provided that nothing shall | 26 | | prevent a professional licensing or disciplinary board from |
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| 1 | | sanctioning a physician for: (1) issuing a written | 2 | | certification to a patient who is not under the physician's | 3 | | care for a debilitating medical condition; or (2) failing to | 4 | | properly evaluate a patient's medical condition or otherwise | 5 | | violating the standard of care for evaluating medical | 6 | | conditions.
| 7 | | (f) No person may be subject to arrest, prosecution, or | 8 | | denial of any right or privilege, including but not limited to | 9 | | civil penalty or disciplinary action by an occupational or | 10 | | professional licensing board, solely for: (1) selling cannabis | 11 | | paraphernalia to a cardholder upon presentation of an unexpired | 12 | | registry identification card in the recipient's name, if | 13 | | employed and registered as a dispensing agent by a registered | 14 | | dispensing organization; (2) being in the presence or vicinity | 15 | | of the medical use of cannabis as allowed under this Act; or | 16 | | (3) assisting a registered qualifying patient with the act of | 17 | | administering cannabis.
| 18 | | (g) A registered cultivation center is not subject to | 19 | | prosecution; search or inspection, except by the Department of | 20 | | Agriculture, Department of Public Health, or State or local law | 21 | | enforcement under Section 130; seizure; or penalty in any | 22 | | manner, or be denied any right or privilege, including but not | 23 | | limited to civil penalty or disciplinary action by a business | 24 | | licensing board or entity, for acting under this Act and | 25 | | Department of Agriculture rules to: acquire, possess, | 26 | | cultivate, manufacture, deliver, transfer, transport, supply, |
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| 1 | | or sell cannabis to registered dispensing organizations.
| 2 | | (h) A registered cultivation center agent is not subject to | 3 | | prosecution, search, or penalty in any manner, or be denied any | 4 | | right or privilege, including but not limited to civil penalty | 5 | | or disciplinary action by a business licensing board or entity, | 6 | | for working or volunteering for a
registered cannabis | 7 | | cultivation center under this Act and Department of Agriculture | 8 | | rules, including to perform the actions listed under subsection | 9 | | (g).
| 10 | | (i) A registered dispensing organization is not subject to | 11 | | prosecution; search or inspection, except by the Department of | 12 | | Financial and Professional Regulation or State or local law | 13 | | enforcement pursuant to Section 130; seizure; or penalty in any | 14 | | manner, or be denied any right or privilege, including but not | 15 | | limited to civil penalty or disciplinary action by a business | 16 | | licensing board or entity, for acting under this Act and | 17 | | Department of Financial and Professional Regulation rules to: | 18 | | acquire, possess, or dispense cannabis, or related supplies, | 19 | | and educational materials to registered qualifying patients or | 20 | | registered designated caregivers on behalf of registered | 21 | | qualifying patients.
| 22 | | (j) A registered dispensing organization agent is not | 23 | | subject to prosecution, search, or penalty in any manner, or be | 24 | | denied any right or privilege, including but not limited to | 25 | | civil penalty or disciplinary action by a business licensing | 26 | | board or entity, for working or volunteering for a dispensing |
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| 1 | | organization under this Act and Department of Financial and | 2 | | Professional Regulation rules, including to perform the | 3 | | actions listed under subsection (i).
| 4 | | (k) Any cannabis, cannabis paraphernalia, illegal | 5 | | property, or interest in legal property that is possessed, | 6 | | owned, or used in connection with the medical use of cannabis | 7 | | as allowed under this Act, or acts incidental to that use, may | 8 | | not be seized or forfeited. This Act does not prevent the | 9 | | seizure or forfeiture of cannabis exceeding the amounts allowed | 10 | | under this Act, nor shall it prevent seizure or forfeiture if | 11 | | the basis for the action is unrelated to the cannabis that is | 12 | | possessed, manufactured, transferred, or used under this Act.
| 13 | | (l) Mere possession of, or application for, a registry | 14 | | identification card or registration certificate does not | 15 | | constitute probable cause or reasonable suspicion, nor shall it | 16 | | be used as the sole basis to support the search of the person, | 17 | | property, or home of the person possessing or applying for the | 18 | | registry identification card. The possession of, or | 19 | | application for, a registry identification card does not | 20 | | preclude the existence of probable cause if probable cause | 21 | | exists on other grounds.
| 22 | | (m) Nothing in this Act shall preclude local or State law | 23 | | enforcement agencies from searching a registered cultivation | 24 | | center where there is probable cause to believe that the | 25 | | criminal laws of this State have been violated and the search | 26 | | is conducted in conformity with the Illinois Constitution, the |
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| 1 | | Constitution of the United States, and all State statutes.
| 2 | | (n) Nothing in this Act shall preclude local or state law | 3 | | enforcement agencies from searching a registered dispensing | 4 | | organization where there is probable cause to believe that the | 5 | | criminal laws of this State have been violated and the search | 6 | | is conducted in conformity with the Illinois Constitution, the | 7 | | Constitution of the United States, and all State statutes.
| 8 | | (o) No individual employed by the State of Illinois shall | 9 | | be subject to criminal or civil penalties for taking any action | 10 | | in accordance with the provisions of this Act, when the actions | 11 | | are within the scope of his or her employment. Representation | 12 | | and indemnification of State employees shall be provided to | 13 | | State employees as set forth in Section 2 of the State Employee | 14 | | Indemnification Act.
| 15 | | (p) No law enforcement or correctional agency, nor any | 16 | | individual employed by a law enforcement or correctional | 17 | | agency, shall be subject to criminal or civil liability, except | 18 | | for willful and wanton misconduct, as a result of taking any | 19 | | action within the scope of the official duties of the agency or | 20 | | individual to prohibit or prevent the possession or use of | 21 | | cannabis by a cardholder incarcerated at a correctional | 22 | | facility, jail, or municipal lockup facility, on parole or | 23 | | mandatory supervised release, or otherwise under the lawful | 24 | | jurisdiction of the agency or individual. | 25 | | (Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15 .) |
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