Full Text of HR0398 94th General Assembly
HR0398 94TH GENERAL ASSEMBLY
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HR0398 |
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| HOUSE RESOLUTION
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| WHEREAS, Modern research suggests that marijuana is a | 3 |
| valuable aid in the treatment of a wide range of clinical | 4 |
| applications, including pain relief; controlling nausea and | 5 |
| vomiting; stimulating appetite in patients suffering from HIV, | 6 |
| AIDS wasting syndrome, or the side effects of chemotherapy; and | 7 |
| reducing spasticity and other symptoms of movement disorders; | 8 |
| and
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| WHEREAS, Research also shows that marijuana is a powerful | 10 |
| appetite stimulant for patients suffering from HIV, AIDS | 11 |
| wasting syndrome, chronic pain, or the side effects of | 12 |
| chemotherapy; and
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| WHEREAS, Many medical organizations, including the | 14 |
| American Public Health Association, the National Academy of | 15 |
| Sciences' Institute of Medicine, the U.S. National Institutes | 16 |
| of Health Workshop on Medical Marijuana, the American Nurses | 17 |
| Association, and the Illinois Nurses Association have | 18 |
| investigated the medical use of marijuana and issued favorable | 19 |
| findings; and
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| WHEREAS, Voters in eight states and the legislatures of two | 21 |
| states have recognized the importance of the medical use of | 22 |
| marijuana by adopting laws exempting patients who use marijuana | 23 |
| under their physicians' supervision from state criminal | 24 |
| penalties; and
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| WHEREAS, The State of Illinois has recognized the | 26 |
| legitimacy of the medicinal use of marijuana by enacting | 27 |
| Section 11 of the Cannabis Control Act, which establishes | 28 |
| procedures for the possession, production, manufacture, and | 29 |
| delivery of substances containing marijuana by persons engaged | 30 |
| in research and when the authorization is requested by a | 31 |
| licensed physician for the treatment of conditions that may |
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| benefit from the medicinal use of marijuana; therefore, be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 3 |
| NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 4 |
| we find that State law should make a distinction between the | 5 |
| medical and non-medical use of marijuana; and be it further
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| RESOLVED, That the Director of Public Health shall | 7 |
| establish a committee to investigate and assess options for | 8 |
| legal protection that would allow seriously ill patients to use | 9 |
| medical marijuana without facing criminal prosecution under | 10 |
| State law; and be it further
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| RESOLVED, That the committee shall consist of the following | 12 |
| members: (i) one representative of the Department of Public | 13 |
| Health; (ii) one representative of the Department of Human | 14 |
| Services; (iii) two members from the House of Representatives, | 15 |
| one chosen by the Speaker of the House and the other by the | 16 |
| Minority Leader; (iv) one member of the judiciary; (v) one | 17 |
| representative of public defenders; (vi) one representative of | 18 |
| the Department of State Police; (vii) two physicians, one of | 19 |
| whom shall be a physician specializing in pain management; | 20 |
| (viii) one nurse; (ix) one representative of an AIDS advocacy | 21 |
| organization; (x) one representative from a health care | 22 |
| advocacy organization; (xi) one person living with a serious | 23 |
| illness, or the person's representative; (xii) one person | 24 |
| experienced in palliative care; and (xiii) one representative | 25 |
| of a seriously ill patient's family who serves or who has | 26 |
| served as the patient's caregiver; and be it further
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| RESOLVED, That the Director of Public Health may appoint | 28 |
| other non-voting members to ensure that the committee has the | 29 |
| necessary expertise and experience to perform its duties; and | 30 |
| be it further
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| RESOLVED, That all agencies and instrumentalities of the |
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| State shall assist and cooperate with the committee by | 2 |
| providing the committee the information and analysis that the | 3 |
| committee deems necessary for the performance of its duties, | 4 |
| subject to applicable laws of privilege and confidentiality; | 5 |
| the committee shall have all powers necessary to carry out its | 6 |
| purposes; and be it further
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| RESOLVED, That at its first meeting, the committee shall | 8 |
| choose a chairperson from among its membership; the Department | 9 |
| of Public Health shall provide professional and administrative | 10 |
| support for the committee; committee members who are not | 11 |
| full-time employees of the State shall be entitled to travel | 12 |
| expenses; and be it further
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| RESOLVED, That the committee must report its findings and | 14 |
| recommendations to the Governor and to the General Assembly | 15 |
| on or before February 1, 2006; the report shall:
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(1) make findings regarding the value of using | 17 |
| marijuana to ameliorate symptoms associated with severe | 18 |
| illnesses and the treatment of those illnesses, comparing | 19 |
| marijuana to related prescription counterparts currently | 20 |
| available in the United States or Canada;
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| (2) summarize the experiences of medical providers, | 22 |
| members of the criminal justice system, medical marijuana | 23 |
| program administrators, and medical marijuana patients in | 24 |
| states that permit the medical use of marijuana;
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| (3) summarize the effects of the prohibition of | 26 |
| medical marijuana on patients in states that currently | 27 |
| prohibit it and include in the summary: (i) testimony of | 28 |
| persons arrested for using or growing medical marijuana; | 29 |
| and (ii) the effects of their experience on their mental | 30 |
| and physical health;
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| (4) identify the methods of providing and procuring | 2 |
| marijuana for medical use that (i) reduce the risk of | 3 |
| stigma and danger of prosecution for patients; (ii) reduce | 4 |
| the risk that marijuana intended for medical uses will be | 5 |
| obtained and used for non-medical purposes; and (iii) | 6 |
| implement quality control measures that ensure that | 7 |
| patients are not harmed by the medical use of marijuana; | 8 |
| (iv) ensure proper State regulation of access to medical | 9 |
| marijuana that establishes patient access to medical | 10 |
| marijuana; and
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| (5) identify the range of daily marijuana use | 12 |
| necessary to accomplish an ameliorative result and what | 13 |
| plant limit is needed to cover that range per an individual | 14 |
| patient, including in the summary testimony of patients in | 15 |
| states where medical marijuana is legal regarding the | 16 |
| sufficiency of other states' plant limits; and be it | 17 |
| further
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| RESOLVED, That a copy of this resolution be delivered to | 19 |
| the Director of Public Health.
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