Full Text of HB5534 99th General Assembly
HB5534 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5534 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Makes changes to the definition of "designated caregiver". Effective immediately.
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| | | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Compassionate Use of Medical Cannabis Pilot | 5 | | Program Act is amended by changing Section 10 as follows: | 6 | | (410 ILCS 130/10) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 10. Definitions. The following terms, as used in this | 9 | | Act, shall have the meanings set forth in this Section:
| 10 | | (a) "Adequate supply" means:
| 11 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 12 | | days and that is derived solely from an intrastate source.
| 13 | | (2) Subject to the rules of the Department of Public | 14 | | Health, a patient may apply for a waiver where a physician | 15 | | provides a substantial medical basis in a signed, written | 16 | | statement asserting that, based on the patient's medical | 17 | | history, in the physician's professional judgment, 2.5 | 18 | | ounces is an insufficient adequate supply for a 14-day | 19 | | period to properly alleviate the patient's debilitating | 20 | | medical condition or symptoms associated with the | 21 | | debilitating medical condition.
| 22 | | (3) This subsection may not be construed to authorize | 23 | | the possession of more than 2.5 ounces at any time without |
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| 1 | | authority from the Department of Public Health.
| 2 | | (4) The pre-mixed weight of medical cannabis used in | 3 | | making a cannabis infused product shall apply toward the | 4 | | limit on the total amount of medical cannabis a registered | 5 | | qualifying patient may possess at any one time. | 6 | | (b) "Cannabis" has the meaning given that term in Section 3 | 7 | | of the Cannabis Control Act.
| 8 | | (c) "Cannabis plant monitoring system" means a system that | 9 | | includes, but is not limited to, testing and data collection | 10 | | established and maintained by the registered cultivation | 11 | | center and available to the Department for the purposes of | 12 | | documenting each cannabis plant and for monitoring plant | 13 | | development throughout the life cycle of a cannabis plant | 14 | | cultivated for the intended use by a qualifying patient from | 15 | | seed planting to final packaging.
| 16 | | (d) "Cardholder" means a qualifying patient or a designated | 17 | | caregiver who has been issued and possesses a valid registry | 18 | | identification card by the Department of Public Health.
| 19 | | (e) "Cultivation center" means a facility operated by an | 20 | | organization or business that is registered by the Department | 21 | | of Agriculture to perform necessary activities to provide only | 22 | | registered medical cannabis dispensing organizations with | 23 | | usable medical cannabis.
| 24 | | (f) "Cultivation center agent" means a principal officer, | 25 | | board member, employee, or agent of a registered cultivation | 26 | | center who is 21 years of age or older and has not been |
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| 1 | | convicted of an excluded offense.
| 2 | | (g) "Cultivation center agent identification card" means a | 3 | | document issued by the Department of Agriculture that | 4 | | identifies a person as a cultivation center agent.
| 5 | | (h) "Debilitating medical condition" means one or more of | 6 | | the following: | 7 | | (1) cancer, glaucoma, positive status for human | 8 | | immunodeficiency virus, acquired immune deficiency | 9 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 10 | | Crohn's disease, agitation of Alzheimer's disease, | 11 | | cachexia/wasting syndrome, muscular dystrophy, severe | 12 | | fibromyalgia, spinal cord disease, including but not | 13 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 14 | | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | 15 | | spinal cord injury, traumatic brain injury and | 16 | | post-concussion syndrome, Multiple Sclerosis, | 17 | | Arnold-Chiari malformation and Syringomyelia, | 18 | | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | 19 | | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | 20 | | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | 21 | | (Complex Regional Pain Syndromes Type II), | 22 | | Neurofibromatosis, Chronic Inflammatory Demyelinating | 23 | | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | 24 | | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | 25 | | syndrome, residual limb pain, seizures (including those | 26 | | characteristic of epilepsy), or the treatment of these |
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| 1 | | conditions; or
| 2 | | (2) any other debilitating medical condition or its | 3 | | treatment that is added by the Department of Public Health | 4 | | by rule as provided in Section 45. | 5 | | (i) "Designated caregiver" means a person who: (1) is at | 6 | | least 21 years of age; (2) has agreed to assist with a | 7 | | patient's medical use of cannabis; (3) has not been convicted | 8 | | of an excluded offense; and (4) assists no more than one | 9 | | registered qualifying patient with his or her medical use of | 10 | | cannabis , unless the person is overseen by an Illinois-licensed | 11 | | pharmacist specializing in medical cannabis and is employed by | 12 | | a company that is in the business of providing medication and | 13 | | medication management to elderly patients in residential care | 14 | | facilities, including assisted living facilities, supportive | 15 | | living facilities, and community-integrated living | 16 | | arrangements .
| 17 | | (j) "Dispensing organization agent identification card" | 18 | | means a document issued by the Department of Financial and | 19 | | Professional Regulation that identifies a person as a medical | 20 | | cannabis dispensing organization agent.
| 21 | | (k) "Enclosed, locked facility" means a room, greenhouse, | 22 | | building, or other enclosed area equipped with locks or other | 23 | | security devices that permit access only by a cultivation | 24 | | center's agents or a dispensing organization's agent working | 25 | | for the registered cultivation center or the registered | 26 | | dispensing organization to cultivate, store, and distribute |
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| 1 | | cannabis for registered qualifying patients.
| 2 | | (l) "Excluded offense" means:
| 3 | | (1) a violent crime defined in Section 3 of the Rights | 4 | | of Crime Victims and Witnesses Act or a substantially | 5 | | similar offense that was classified as a felony in the | 6 | | jurisdiction where the person was convicted; or
| 7 | | (2) a violation of a state or federal controlled | 8 | | substance law that was classified as a felony in the | 9 | | jurisdiction where the person was convicted, except that | 10 | | the registering Department may waive this restriction if | 11 | | the person demonstrates to the registering Department's | 12 | | satisfaction that his or her conviction was for the | 13 | | possession, cultivation, transfer, or delivery of a | 14 | | reasonable amount of cannabis intended for medical use. | 15 | | This exception does not apply if the conviction was under | 16 | | state law and involved a violation of an existing medical | 17 | | cannabis law.
| 18 | | (m) "Medical cannabis cultivation center registration" | 19 | | means a registration issued by the Department of Agriculture. | 20 | | (n) "Medical cannabis container" means a sealed, | 21 | | traceable, food compliant, tamper resistant, tamper evident | 22 | | container, or package used for the purpose of containment of | 23 | | medical cannabis from a cultivation center to a dispensing | 24 | | organization.
| 25 | | (o) "Medical cannabis dispensing organization", or | 26 | | "dispensing organization", or "dispensary organization" means |
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| 1 | | a facility operated by an organization or business that is | 2 | | registered by the Department of Financial and Professional | 3 | | Regulation to acquire medical cannabis from a registered | 4 | | cultivation center for the purpose of dispensing cannabis, | 5 | | paraphernalia, or related supplies and educational materials | 6 | | to registered qualifying patients.
| 7 | | (p) "Medical cannabis dispensing organization agent" or | 8 | | "dispensing organization agent" means a principal officer, | 9 | | board member, employee, or agent of a registered medical | 10 | | cannabis dispensing organization who is 21 years of age or | 11 | | older and has not been convicted of an excluded offense.
| 12 | | (q) "Medical cannabis infused product" means food, oils, | 13 | | ointments, or other products containing usable cannabis that | 14 | | are not smoked.
| 15 | | (r) "Medical use" means the acquisition; administration; | 16 | | delivery; possession; transfer; transportation; or use of | 17 | | cannabis to treat or alleviate a registered qualifying | 18 | | patient's debilitating medical condition or symptoms | 19 | | associated with the patient's debilitating medical condition.
| 20 | | (s) "Physician" means a doctor of medicine or doctor of | 21 | | osteopathy licensed under the Medical Practice Act of 1987 to | 22 | | practice medicine and who has a controlled substances license | 23 | | under Article III of the Illinois Controlled Substances Act. It | 24 | | does not include a licensed practitioner under any other Act | 25 | | including but not limited to the Illinois Dental Practice Act.
| 26 | | (t) "Qualifying patient" means a person who has been |
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| 1 | | diagnosed by a physician as having a debilitating medical | 2 | | condition.
| 3 | | (u) "Registered" means licensed, permitted, or otherwise | 4 | | certified by the Department of Agriculture, Department of | 5 | | Public Health, or Department of Financial and Professional | 6 | | Regulation.
| 7 | | (v) "Registry identification card" means a document issued | 8 | | by the Department of Public Health that identifies a person as | 9 | | a registered qualifying patient or registered designated | 10 | | caregiver.
| 11 | | (w) "Usable cannabis" means the seeds, leaves, buds, and | 12 | | flowers of the cannabis plant and any mixture or preparation | 13 | | thereof, but does not include the stalks, and roots of the | 14 | | plant. It does not include the weight of any non-cannabis | 15 | | ingredients combined with cannabis, such as ingredients added | 16 | | to prepare a topical administration, food, or drink.
| 17 | | (x) "Verification system" means a Web-based system | 18 | | established and maintained by the Department of Public Health | 19 | | that is available to the Department of Agriculture, the | 20 | | Department of Financial and Professional Regulation, law | 21 | | enforcement personnel, and registered medical cannabis | 22 | | dispensing organization agents on a 24-hour basis for the | 23 | | verification of registry
identification cards, the tracking of | 24 | | delivery of medical cannabis to medical cannabis dispensing | 25 | | organizations, and the tracking of the date of sale, amount, | 26 | | and price of medical cannabis purchased by a registered |
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| 1 | | qualifying patient.
| 2 | | (y) "Written certification" means a document dated and | 3 | | signed by a physician, stating (1) that in the physician's | 4 | | professional opinion the patient is likely to receive | 5 | | therapeutic or palliative benefit from the medical use of | 6 | | cannabis to treat or alleviate the patient's debilitating | 7 | | medical condition or symptoms associated with the debilitating | 8 | | medical condition; (2) that the qualifying patient has a | 9 | | debilitating medical condition and specifying the debilitating | 10 | | medical condition the qualifying patient has; and (3) that the | 11 | | patient is under the physician's care for the debilitating | 12 | | medical condition. A written certification shall be made only | 13 | | in the course of a bona fide physician-patient relationship, | 14 | | after the physician has completed an assessment of the | 15 | | qualifying patient's medical history, reviewed relevant | 16 | | records related to the patient's debilitating condition, and | 17 | | conducted a physical examination. | 18 | | A veteran who has received treatment at a VA hospital shall | 19 | | be deemed to have a bona fide physician-patient relationship | 20 | | with a VA physician if the patient has been seen for his or her | 21 | | debilitating medical condition at the VA Hospital in accordance | 22 | | with VA Hospital protocols. | 23 | | A bona fide physician-patient relationship under this | 24 | | subsection is a privileged communication within the meaning of | 25 | | Section 8-802 of the Code of Civil Procedure.
| 26 | | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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