Illinois General Assembly - Full Text of HB3139
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Full Text of HB3139  102nd General Assembly

HB3139sam001 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 5/29/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3139

2    AMENDMENT NO. ______. Amend House Bill 3139 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 30 and by adding
6Section 31 as follows:
 
7    (410 ILCS 130/30)
8    Sec. 30. Limitations and penalties.
9    (a) This Act does not permit any person to engage in, and
10does not prevent the imposition of any civil, criminal, or
11other penalties for engaging in, the following conduct:
12        (1) Undertaking any task under the influence of
13    cannabis, when doing so would constitute negligence,
14    professional malpractice, or professional misconduct;
15        (2) Possessing cannabis:
16            (A) except as provided under Section 22-33 of the

 

 

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1        School Code, in a school bus;
2            (B) except as provided under Section 22-33 of the
3        School Code, on the grounds of any preschool or
4        primary or secondary school;
5            (C) in any correctional facility;
6            (D) in a vehicle under Section 11-502.1 of the
7        Illinois Vehicle Code;
8            (E) in a vehicle not open to the public unless the
9        medical cannabis is in a reasonably secured, sealed
10        container and reasonably inaccessible while the
11        vehicle is moving; or
12            (F) in a private residence that is used at any time
13        to provide licensed child care or other similar social
14        service care on the premises;
15        (3) Using cannabis:
16            (A) except as provided under Section 22-33 of the
17        School Code, in a school bus;
18            (B) except as provided under Section 22-33 of the
19        School Code, on the grounds of any preschool or
20        primary or secondary school;
21            (C) in any correctional facility;
22            (D) in any motor vehicle;
23            (E) in a private residence that is used at any time
24        to provide licensed child care or other similar social
25        service care on the premises;
26            (F) except as provided under Section 22-33 of the

 

 

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1        School Code and Section 31 of this Act, in any public
2        place. "Public place" as used in this subsection means
3        any place where an individual could reasonably be
4        expected to be observed by others. A "public place"
5        includes all parts of buildings owned in whole or in
6        part, or leased, by the State or a local unit of
7        government. A "public place" does not include a
8        private residence unless the private residence is used
9        to provide licensed child care, foster care, or other
10        similar social service care on the premises. For
11        purposes of this subsection, a "public place" does not
12        include a health care facility. For purposes of this
13        Section, a "health care facility" includes, but is not
14        limited to, hospitals, nursing homes, hospice care
15        centers, and long-term care facilities;
16            (G) except as provided under Section 22-33 of the
17        School Code and Section 31 of this Act, knowingly in
18        close physical proximity to anyone under the age of 18
19        years of age;
20        (4) Smoking medical cannabis in any public place where
21    an individual could reasonably be expected to be observed
22    by others, in a health care facility, or any other place
23    where smoking is prohibited under the Smoke Free Illinois
24    Act;
25        (5) Operating, navigating, or being in actual physical
26    control of any motor vehicle, aircraft, or motorboat while

 

 

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1    using or under the influence of cannabis in violation of
2    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
3        (6) Using or possessing cannabis if that person does
4    not have a debilitating medical condition and is not a
5    registered qualifying patient or caregiver;
6        (7) Allowing any person who is not allowed to use
7    cannabis under this Act to use cannabis that a cardholder
8    is allowed to possess under this Act;
9        (8) Transferring cannabis to any person contrary to
10    the provisions of this Act;
11        (9) The use of medical cannabis by an active duty law
12    enforcement officer, correctional officer, correctional
13    probation officer, or firefighter; or
14        (10) The use of medical cannabis by a person who has a
15    school bus permit or a Commercial Driver's License.
16    (b) Nothing in this Act shall be construed to prevent the
17arrest or prosecution of a registered qualifying patient for
18reckless driving or driving under the influence of cannabis
19where probable cause exists.
20    (c) Notwithstanding any other criminal penalties related
21to the unlawful possession of cannabis, knowingly making a
22misrepresentation to a law enforcement official of any fact or
23circumstance relating to the medical use of cannabis to avoid
24arrest or prosecution is a petty offense punishable by a fine
25of up to $1,000, which shall be in addition to any other
26penalties that may apply for making a false statement or for

 

 

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1the use of cannabis other than use undertaken under this Act.
2    (d) Notwithstanding any other criminal penalties related
3to the unlawful possession of cannabis, any person who makes a
4misrepresentation of a medical condition to a certifying
5health care professional or fraudulently provides material
6misinformation to a certifying health care professional in
7order to obtain a written certification is guilty of a petty
8offense punishable by a fine of up to $1,000.
9    (e) Any cardholder or registered caregiver who sells
10cannabis shall have his or her registry identification card
11revoked and is subject to other penalties for the unauthorized
12sale of cannabis.
13    (f) Any registered qualifying patient who commits a
14violation of Section 11-502.1 of the Illinois Vehicle Code or
15refuses a properly requested test related to operating a motor
16vehicle while under the influence of cannabis shall have his
17or her registry identification card revoked.
18    (g) No registered qualifying patient or designated
19caregiver shall knowingly obtain, seek to obtain, or possess,
20individually or collectively, an amount of usable cannabis
21from a registered medical cannabis dispensing organization
22that would cause him or her to exceed the authorized adequate
23supply under subsection (a) of Section 10.
24    (h) Nothing in this Act shall prevent a private business
25from restricting or prohibiting the medical use of cannabis on
26its property.

 

 

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1    (i) Nothing in this Act shall prevent a university,
2college, or other institution of post-secondary education from
3restricting or prohibiting the use of medical cannabis on its
4property.
5(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19.)
 
6    (410 ILCS 130/31 new)
7    Sec. 31. Administration to persons with disabilities in
8park district programs.
9    (a) Definitions. For purposes of this Section:
10        (1) "Park district" has the meaning as defined in
11    Section 1-3 of the Park District Code. "Park district"
12    includes the Chicago Park District as defined by the
13    Chicago Park District Act, any special recreational
14    association created by a park district through an
15    intergovernmental agreement, and any nonprofit
16    organization authorized by the park district or special
17    recreational association to administer a program for
18    persons with disabilities on its behalf.
19        (2) "Program participant" means a person with
20    disabilities who is a registered qualifying patient and
21    who participates in a summer camp, educational program, or
22    other similar program provided by a park district for
23    persons with disabilities.
24    (b) Subject to the restrictions under subsections (c)
25through (f) of this Section, a park district shall authorize a

 

 

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1program participant's parent, guardian, or other designated
2caregiver to administer a medical cannabis infused product to
3the program participant on the premises of the park district
4if both the program participant and the parent, guardian, or
5other designated caregiver are cardholders. After
6administering the medical cannabis infused product, the
7parent, guardian, or other designated caregiver shall remove
8the medical cannabis infused product from the premises of the
9park district.
10    (c) A parent, guardian, or other designated caregiver may
11not administer a medical cannabis infused product under this
12Section in a manner that, in the opinion of the park district,
13would create a disruption to the park district's program or
14activity for persons with disabilities or would cause exposure
15of the medical cannabis infused product to other program
16participants.
17    (d) A park district may not discipline a program
18participant who is administered a medical cannabis infused
19product by a parent, guardian, or other designated caregiver
20under this Section and may not deny the program participant's
21eligibility to attend the park district's program or activity
22for persons with disabilities solely because the program
23participant requires the administration of the medical
24cannabis infused product.
25    (e) Nothing in this Section requires a member of the park
26district's staff to administer a medical cannabis infused

 

 

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1product to a program participant.
2    (f) A park district may not authorize the use of a medical
3cannabis infused product under this Section if the park
4district would lose federal funding as a result of the
5authorization.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".