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Public Act 099-0096 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Compassionate Use of Medical Cannabis Pilot | ||||
Program Act is amended by changing Section 25 as follows: | ||||
(410 ILCS 130/25) | ||||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 25. Immunities and presumptions related to the medical | ||||
use of cannabis.
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(a) A registered qualifying patient is not subject to | ||||
arrest, prosecution, or denial of any right or privilege, | ||||
including but not limited to civil penalty or disciplinary | ||||
action by an occupational or professional licensing board, for | ||||
the medical use of cannabis in accordance with this Act, if the | ||||
registered qualifying patient possesses an amount of cannabis | ||||
that does not exceed an adequate supply as defined in | ||||
subsection (a) of Section 10 of this Act of usable cannabis | ||||
and, where the registered qualifying patient is a licensed | ||||
professional, the use of cannabis does not impair that licensed | ||||
professional when he or she is engaged in the practice of the | ||||
profession for which he or she is licensed.
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(b) A registered designated caregiver is not subject to | ||||
arrest, prosecution, or denial of any right or privilege, |
including but not limited to civil penalty or disciplinary | ||
action by an occupational or professional licensing board, for | ||
acting in accordance with this Act to assist a registered | ||
qualifying patient to whom he or she is connected through the | ||
Department's registration process with the medical use of | ||
cannabis if the designated caregiver possesses an amount of | ||
cannabis that does not exceed an adequate supply as defined in | ||
subsection (a) of Section 10 of this Act of usable cannabis. | ||
The total amount possessed between the qualifying patient and | ||
caregiver shall not exceed the patient's adequate supply as | ||
defined in subsection (a) of Section 10 of this Act. | ||
(c) A registered qualifying patient or registered | ||
designated caregiver is not subject to
arrest, prosecution, or | ||
denial of any right or privilege, including but not limited to | ||
civil penalty or disciplinary action by an occupational or | ||
professional licensing board for possession of cannabis that is | ||
incidental to medical use, but is not usable cannabis as | ||
defined in this Act.
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(d)(1) There is a rebuttable presumption that a registered | ||
qualifying patient is engaged in, or a designated caregiver is | ||
assisting with, the medical use of cannabis in accordance with | ||
this Act if the qualifying patient or designated caregiver: | ||
(A) is in possession of a valid registry identification | ||
card; and | ||
(B) is in possession of an amount of cannabis that does | ||
not exceed the amount allowed under subsection (a) of |
Section 10. | ||
(2) The presumption may be rebutted by evidence that | ||
conduct related to cannabis was not for the purpose of treating | ||
or alleviating the qualifying patient's debilitating medical | ||
condition or symptoms associated with the debilitating medical | ||
condition in compliance with this Act.
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(e) A physician is not subject to arrest, prosecution, or | ||
penalty in any manner, or denied any right or privilege, | ||
including but not limited to civil penalty or disciplinary | ||
action by the Medical Disciplinary Board or by any other | ||
occupational or professional licensing board, solely for | ||
providing written certifications or for otherwise stating | ||
that, in the physician's professional opinion, a patient is | ||
likely to receive therapeutic or palliative benefit from the | ||
medical use of cannabis to treat or alleviate the patient's | ||
debilitating medical condition or symptoms associated with the | ||
debilitating medical condition, provided that nothing shall | ||
prevent a professional licensing or disciplinary board from | ||
sanctioning a physician for: (1) issuing a written | ||
certification to a patient who is not under the physician's | ||
care for a debilitating medical condition; or (2) failing to | ||
properly evaluate a patient's medical condition or otherwise | ||
violating the standard of care for evaluating medical | ||
conditions.
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(f) No person may be subject to arrest, prosecution, or | ||
denial of any right or privilege, including but not limited to |
civil penalty or disciplinary action by an occupational or | ||
professional licensing board, solely for: (1) selling cannabis | ||
paraphernalia to a cardholder upon presentation of an unexpired | ||
registry identification card in the recipient's name, if | ||
employed and registered as a dispensing agent by a registered | ||
dispensing organization; (2) being in the presence or vicinity | ||
of the medical use of cannabis as allowed under this Act; or | ||
(3) assisting a registered qualifying patient with the act of | ||
administering cannabis.
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(g) A registered cultivation center is not subject to | ||
prosecution; search or inspection, except by the Department of | ||
Agriculture, Department of Public Health, or State or local law | ||
enforcement under Section 130; seizure; or penalty in any | ||
manner, or be denied any right or privilege, including but not | ||
limited to civil penalty or disciplinary action by a business | ||
licensing board or entity, for acting under this Act and | ||
Department of Agriculture rules to: acquire, possess, | ||
cultivate, manufacture, deliver, transfer, transport, supply, | ||
or sell cannabis to registered dispensing organizations.
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(h) A registered cultivation center agent is not subject to | ||
prosecution, search, or penalty in any manner, or be denied any | ||
right or privilege, including but not limited to civil penalty | ||
or disciplinary action by a business licensing board or entity, | ||
for working or volunteering for a
registered cannabis | ||
cultivation center under this Act and Department of Agriculture | ||
rules, including to perform the actions listed under subsection |
(g).
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(i) A registered dispensing organization is not subject to | ||
prosecution; search or inspection, except by the Department of | ||
Financial and Professional Regulation or State or local law | ||
enforcement pursuant to Section 130; seizure; or penalty in any | ||
manner, or be denied any right or privilege, including but not | ||
limited to civil penalty or disciplinary action by a business | ||
licensing board or entity, for acting under this Act and | ||
Department of Financial and Professional Regulation rules to: | ||
acquire, possess, or dispense cannabis, or related supplies, | ||
and educational materials to registered qualifying patients or | ||
registered designated caregivers on behalf of registered | ||
qualifying patients.
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(j) A registered dispensing organization agent is not | ||
subject to prosecution, search, or penalty in any manner, or be | ||
denied any right or privilege, including but not limited to | ||
civil penalty or disciplinary action by a business licensing | ||
board or entity, for working or volunteering for a dispensing | ||
organization under this Act and Department of Financial and | ||
Professional Regulation rules, including to perform the | ||
actions listed under subsection (i).
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(k) Any cannabis, cannabis paraphernalia, illegal | ||
property, or interest in legal property that is possessed, | ||
owned, or used in connection with the medical use of cannabis | ||
as allowed under this Act, or acts incidental to that use, may | ||
not be seized or forfeited. This Act does not prevent the |
seizure or forfeiture of cannabis exceeding the amounts allowed | ||
under this Act, nor shall it prevent seizure or forfeiture if | ||
the basis for the action is unrelated to the cannabis that is | ||
possessed, manufactured, transferred, or used under this Act.
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(l) Mere possession of, or application for, a registry | ||
identification card or registration certificate does not | ||
constitute probable cause or reasonable suspicion, nor shall it | ||
be used as the sole basis to support the search of the person, | ||
property, or home of the person possessing or applying for the | ||
registry identification card. The possession of, or | ||
application for, a registry identification card does not | ||
preclude the existence of probable cause if probable cause | ||
exists on other grounds.
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(m) Nothing in this Act shall preclude local or State law | ||
enforcement agencies from searching a registered cultivation | ||
center where there is probable cause to believe that the | ||
criminal laws of this State have been violated and the search | ||
is conducted in conformity with the Illinois Constitution, the | ||
Constitution of the United States, and all State statutes.
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(n) Nothing in this Act shall preclude local or state law | ||
enforcement agencies from searching a registered dispensing | ||
organization where there is probable cause to believe that the | ||
criminal laws of this State have been violated and the search | ||
is conducted in conformity with the Illinois Constitution, the | ||
Constitution of the United States, and all State statutes.
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(o) No individual employed by the State of Illinois shall |
be subject to criminal or civil penalties for taking any action | ||
in accordance with the provisions of this Act, when the actions | ||
are within the scope of his or her employment. Representation | ||
and indemnification of State employees shall be provided to | ||
State employees as set forth in Section 2 of the State Employee | ||
Indemnification Act.
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(p) No law enforcement or correctional agency, nor any | ||
individual employed by a law enforcement or correctional | ||
agency, shall be subject to criminal or civil liability, except | ||
for willful and wanton misconduct, as a result of taking any | ||
action within the scope of the official duties of the agency or | ||
individual to prohibit or prevent the possession or use of | ||
cannabis by a cardholder incarcerated at a correctional | ||
facility, jail, or municipal lockup facility, on parole or | ||
mandatory supervised release, or otherwise under the lawful | ||
jurisdiction of the agency or individual. | ||
(Source: P.A. 98-122, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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