Full Text of HB0341 99th General Assembly
HB0341enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Section 25 as follows: | 6 | | (410 ILCS 130/25) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 25. Immunities and presumptions related to the medical | 9 | | use of cannabis.
| 10 | | (a) A registered qualifying patient is not subject to | 11 | | arrest, prosecution, or denial of any right or privilege, | 12 | | including but not limited to civil penalty or disciplinary | 13 | | action by an occupational or professional licensing board, for | 14 | | the medical use of cannabis in accordance with this Act, if the | 15 | | registered qualifying patient possesses an amount of cannabis | 16 | | that does not exceed an adequate supply as defined in | 17 | | subsection (a) of Section 10 of this Act of usable cannabis | 18 | | and, where the registered qualifying patient is a licensed | 19 | | professional, the use of cannabis does not impair that licensed | 20 | | professional when he or she is engaged in the practice of the | 21 | | profession for which he or she is licensed.
| 22 | | (b) A registered designated caregiver is not subject to | 23 | | arrest, prosecution, or denial of any right or privilege, |
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| 1 | | including but not limited to civil penalty or disciplinary | 2 | | action by an occupational or professional licensing board, for | 3 | | acting in accordance with this Act to assist a registered | 4 | | qualifying patient to whom he or she is connected through the | 5 | | Department's registration process with the medical use of | 6 | | cannabis if the designated caregiver possesses an amount of | 7 | | cannabis that does not exceed an adequate supply as defined in | 8 | | subsection (a) of Section 10 of this Act of usable cannabis. | 9 | | The total amount possessed between the qualifying patient and | 10 | | caregiver shall not exceed the patient's adequate supply as | 11 | | defined in subsection (a) of Section 10 of this Act. | 12 | | (c) A registered qualifying patient or registered | 13 | | designated caregiver is not subject to
arrest, prosecution, or | 14 | | denial of any right or privilege, including but not limited to | 15 | | civil penalty or disciplinary action by an occupational or | 16 | | professional licensing board for possession of cannabis that is | 17 | | incidental to medical use, but is not usable cannabis as | 18 | | defined in this Act.
| 19 | | (d)(1) There is a rebuttable presumption that a registered | 20 | | qualifying patient is engaged in, or a designated caregiver is | 21 | | assisting with, the medical use of cannabis in accordance with | 22 | | this Act if the qualifying patient or designated caregiver: | 23 | | (A) is in possession of a valid registry identification | 24 | | card; and | 25 | | (B) is in possession of an amount of cannabis that does | 26 | | not exceed the amount allowed under subsection (a) of |
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| 1 | | Section 10. | 2 | | (2) The presumption may be rebutted by evidence that | 3 | | conduct related to cannabis was not for the purpose of treating | 4 | | or alleviating the qualifying patient's debilitating medical | 5 | | condition or symptoms associated with the debilitating medical | 6 | | condition in compliance with this Act.
| 7 | | (e) A physician is not subject to arrest, prosecution, or | 8 | | penalty in any manner, or denied any right or privilege, | 9 | | including but not limited to civil penalty or disciplinary | 10 | | action by the Medical Disciplinary Board or by any other | 11 | | occupational or professional licensing board, solely for | 12 | | providing written certifications or for otherwise stating | 13 | | that, in the physician's professional opinion, a patient is | 14 | | likely to receive therapeutic or palliative benefit from the | 15 | | medical use of cannabis to treat or alleviate the patient's | 16 | | debilitating medical condition or symptoms associated with the | 17 | | debilitating medical condition, provided that nothing shall | 18 | | prevent a professional licensing or disciplinary board from | 19 | | sanctioning a physician for: (1) issuing a written | 20 | | certification to a patient who is not under the physician's | 21 | | care for a debilitating medical condition; or (2) failing to | 22 | | properly evaluate a patient's medical condition or otherwise | 23 | | violating the standard of care for evaluating medical | 24 | | conditions.
| 25 | | (f) No person may be subject to arrest, prosecution, or | 26 | | denial of any right or privilege, including but not limited to |
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| 1 | | civil penalty or disciplinary action by an occupational or | 2 | | professional licensing board, solely for: (1) selling cannabis | 3 | | paraphernalia to a cardholder upon presentation of an unexpired | 4 | | registry identification card in the recipient's name, if | 5 | | employed and registered as a dispensing agent by a registered | 6 | | dispensing organization; (2) being in the presence or vicinity | 7 | | of the medical use of cannabis as allowed under this Act; or | 8 | | (3) assisting a registered qualifying patient with the act of | 9 | | administering cannabis.
| 10 | | (g) A registered cultivation center is not subject to | 11 | | prosecution; search or inspection, except by the Department of | 12 | | Agriculture, Department of Public Health, or State or local law | 13 | | enforcement under 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 Agriculture rules to: acquire, possess, | 18 | | cultivate, manufacture, deliver, transfer, transport, supply, | 19 | | or sell cannabis to registered dispensing organizations.
| 20 | | (h) A registered cultivation center agent is not subject to | 21 | | prosecution, search, or penalty in any manner, or be denied any | 22 | | right or privilege, including but not limited to civil penalty | 23 | | or disciplinary action by a business licensing board or entity, | 24 | | for working or volunteering for a
registered cannabis | 25 | | cultivation center under this Act and Department of Agriculture | 26 | | rules, including to perform the actions listed under subsection |
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| 1 | | (g).
| 2 | | (i) A registered dispensing organization is not subject to | 3 | | prosecution; search or inspection, except by the Department of | 4 | | Financial and Professional Regulation or State or local law | 5 | | enforcement pursuant to Section 130; seizure; or penalty in any | 6 | | manner, or be denied any right or privilege, including but not | 7 | | limited to civil penalty or disciplinary action by a business | 8 | | licensing board or entity, for acting under this Act and | 9 | | Department of Financial and Professional Regulation rules to: | 10 | | acquire, possess, or dispense cannabis, or related supplies, | 11 | | and educational materials to registered qualifying patients or | 12 | | registered designated caregivers on behalf of registered | 13 | | qualifying patients.
| 14 | | (j) A registered dispensing organization agent is not | 15 | | subject to prosecution, search, or penalty in any manner, or be | 16 | | denied any right or privilege, including but not limited to | 17 | | civil penalty or disciplinary action by a business licensing | 18 | | board or entity, for working or volunteering for a dispensing | 19 | | organization under this Act and Department of Financial and | 20 | | Professional Regulation rules, including to perform the | 21 | | actions listed under subsection (i).
| 22 | | (k) Any cannabis, cannabis paraphernalia, illegal | 23 | | property, or interest in legal property that is possessed, | 24 | | owned, or used in connection with the medical use of cannabis | 25 | | as allowed under this Act, or acts incidental to that use, may | 26 | | not be seized or forfeited. This Act does not prevent the |
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| 1 | | seizure or forfeiture of cannabis exceeding the amounts allowed | 2 | | under this Act, nor shall it prevent seizure or forfeiture if | 3 | | the basis for the action is unrelated to the cannabis that is | 4 | | possessed, manufactured, transferred, or used under this Act.
| 5 | | (l) Mere possession of, or application for, a registry | 6 | | identification card or registration certificate does not | 7 | | constitute probable cause or reasonable suspicion, nor shall it | 8 | | be used as the sole basis to support the search of the person, | 9 | | property, or home of the person possessing or applying for the | 10 | | registry identification card. The possession of, or | 11 | | application for, a registry identification card does not | 12 | | preclude the existence of probable cause if probable cause | 13 | | exists on other grounds.
| 14 | | (m) Nothing in this Act shall preclude local or State law | 15 | | enforcement agencies from searching a registered cultivation | 16 | | center where there is probable cause to believe that the | 17 | | criminal laws of this State have been violated and the search | 18 | | is conducted in conformity with the Illinois Constitution, the | 19 | | Constitution of the United States, and all State statutes.
| 20 | | (n) Nothing in this Act shall preclude local or state law | 21 | | enforcement agencies from searching a registered dispensing | 22 | | organization where there is probable cause to believe that the | 23 | | criminal laws of this State have been violated and the search | 24 | | is conducted in conformity with the Illinois Constitution, the | 25 | | Constitution of the United States, and all State statutes.
| 26 | | (o) No individual employed by the State of Illinois shall |
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| 1 | | be subject to criminal or civil penalties for taking any action | 2 | | in accordance with the provisions of this Act, when the actions | 3 | | are within the scope of his or her employment. Representation | 4 | | and indemnification of State employees shall be provided to | 5 | | State employees as set forth in Section 2 of the State Employee | 6 | | Indemnification Act.
| 7 | | (p) No law enforcement or correctional agency, nor any | 8 | | individual employed by a law enforcement or correctional | 9 | | agency, shall be subject to criminal or civil liability, except | 10 | | for willful and wanton misconduct, as a result of taking any | 11 | | action within the scope of the official duties of the agency or | 12 | | individual to prohibit or prevent the possession or use of | 13 | | cannabis by a cardholder incarcerated at a correctional | 14 | | facility, jail, or municipal lockup facility, on parole or | 15 | | mandatory supervised release, or otherwise under the lawful | 16 | | jurisdiction of the agency or individual. | 17 | | (Source: P.A. 98-122, eff. 1-1-14.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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