Public Act 100-0660
 
HB4870 EnrolledLRB100 20661 AXK 36111 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by adding Section 
22-33 as follows:
 
    (105 ILCS 5/22-33 new)
    Sec. 22-33. Medical cannabis.
    (a) This Section may be referred to as Ashley's Law.
    (a-5) In this Section, "designated caregiver", "medical 
cannabis infused product", "qualifying patient", and 
"registered" have the meanings given to those terms under 
Section 10 of the Compassionate Use of Medical Cannabis Pilot 
Program Act.
    (b) Subject to the restrictions under subsections (c) 
through (g) of this Section, a school district, public school, 
charter school, or nonpublic school shall authorize a parent or 
guardian or any other individual registered with the Department 
of Public Health as a designated caregiver of a student who is 
a registered qualifying patient to administer a medical 
cannabis infused product to the student on the premises  of the 
child's school or on the child's school bus if both the student 
(as a registered qualifying patient) and the parent or guardian 
or other individual (as a registered designated caregiver) have 
been issued registry identification cards under the 
Compassionate Use of Medical Cannabis Pilot Program Act. After 
administering the product, the parent or guardian or other 
individual shall remove the product from the school premises or 
the school bus.
    (c) A parent or guardian or other individual may not 
administer a medical cannabis infused product under this 
Section in a manner that, in the opinion of the school district 
or school, would create a disruption to the school's 
educational environment or would cause exposure of the product 
to other students.
    (d) A school district or school may not discipline a 
student who is administered a medical cannabis infused product 
by a parent or guardian or other individual under this Section 
and may not deny the student's eligibility to attend school 
solely because the student requires the administration of the 
product.
    (e)   Nothing in this Section requires a member of a school's 
staff to administer a medical cannabis infused product to a 
student.
    (f)   A school district, public school, charter school, or 
nonpublic school may not authorize the use of a medical 
cannabis infused product under this Section if the school 
district or school would lose federal funding as a result of 
the authorization.
    (g)   A school district, public school, charter school, or 
nonpublic school shall adopt a policy to implement
this 
Section.
 
    Section 10. The Compassionate Use of Medical Cannabis Pilot 
Program Act is amended  by changing Section 30 as follows:
 
    (410 ILCS 130/30)
    (Section scheduled to be repealed on July 1, 2020)

    Sec. 30. Limitations and penalties.
 
    (a) This Act does not permit any person to engage in, and 
does not prevent the imposition of any civil, criminal, or 
other penalties for engaging in, the following conduct:


        (1) Undertaking any task under the influence of 
    cannabis, when doing so would constitute negligence, 
    professional malpractice, or professional misconduct;


        (2) Possessing cannabis:


            (A) except as provided under Section 22-33 of the 
        School Code, in a school bus;


            (B) except as provided under Section 22-33 of the 
        School Code, on the grounds of any preschool or primary 
        or secondary school;


            (C) in any correctional facility;
            (D) in a vehicle under Section 11-502.1 of the 
        Illinois Vehicle Code;


            (E) in a vehicle not open to the public unless the 
        medical cannabis is in a reasonably secured, sealed, 
        tamper-evident container and reasonably inaccessible 
        while the vehicle is moving; or


            (F) in a private residence that is used at any time 
        to provide licensed child care or other similar social 
        service care on the premises;
        (3) Using cannabis:


            (A) except as provided under Section 22-33 of the 
        School Code, in a school bus;


            (B) except as provided under Section 22-33 of the 
        School Code, on the grounds of any preschool or primary 
        or secondary school;


            (C) in any correctional facility;


            (D) in any motor vehicle;


            (E) in a private residence that is used at any time 
        to provide licensed child care or other similar social 
        service care on the premises;
            (F) except as provided under Section 22-33 of the 
        School Code, in any public place.  "Public place" as 
        used in this subsection means any place where an 
        individual could reasonably be expected to be observed 
        by others.  A "public place" includes all parts of 
        buildings owned in whole or in part, or leased, by the 
        State or a local unit of government.   A "public place" 
        does not include a private residence unless the private 
        residence is used to provide licensed child care, 
        foster care, or other similar social service care on 
        the premises.  For purposes of this subsection, a 
        "public place" does not include a health care facility.  
        For purposes of this Section, a "health care facility" 
        includes, but is not limited to, hospitals, nursing 
        homes, hospice care centers, and long-term care 
        facilities;


            (G) except as provided under Section 22-33 of the 
        School Code, knowingly in close physical proximity to 
        anyone under the age of 18 years of age;


        (4) Smoking medical cannabis in any public place where 
    an individual could reasonably be expected to be observed 
    by others, in a health care facility, or any other place 
    where smoking is prohibited under the Smoke Free Illinois 
    Act;


        (5) Operating, navigating, or being in actual physical 
    control of any motor vehicle, aircraft, or motorboat while 
    using or under the influence of cannabis in violation of 
    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;


        (6) Using or possessing cannabis if that person does 
    not have a debilitating medical condition and is not a 
    registered qualifying patient or caregiver;


        (7) Allowing any person who is not allowed to use 
    cannabis under this Act to use cannabis that a cardholder 
    is allowed to possess under this Act;


        (8) Transferring cannabis to any person contrary to the 
    provisions of this Act;


        (9) The use of medical cannabis by an active duty law 
    enforcement officer, correctional officer, correctional 
    probation officer, or firefighter; or
        (10) The use of medical cannabis by a person who has a 
    school bus permit or a Commercial Driver's License.


    (b) Nothing in this Act shall be construed to prevent the 
arrest or prosecution of a registered qualifying patient for 
reckless driving or driving under the influence of cannabis 
where probable cause exists.


    (c) Notwithstanding any other criminal penalties related 
to the unlawful possession of cannabis, knowingly making a 
misrepresentation to a law enforcement official of any fact or 
circumstance relating to the medical use of cannabis to avoid 
arrest or prosecution is a petty offense punishable by a fine 
of up to $1,000, which shall be in addition to any other 
penalties that may apply for making a false statement or for 
the use of cannabis other than use undertaken under this Act.


    (d) Notwithstanding any other criminal penalties related 
to the unlawful possession of cannabis, any person who makes a 
misrepresentation of a medical condition to a physician or 
fraudulently provides material misinformation to a physician 
in order to obtain a written certification is guilty of a petty 
offense punishable by a fine of up to $1,000.


    (e) Any cardholder or registered caregiver who sells 
cannabis shall have his or her registry identification card 
revoked and is subject to other penalties for the unauthorized 
sale of cannabis.

    (f) Any registered qualifying patient who commits a 
violation of Section 11-502.1 of the Illinois Vehicle Code or 
refuses a properly requested test related to operating a motor 
vehicle while under the influence of cannabis shall have his or 
her registry identification card revoked.


    (g) No registered qualifying patient or designated 
caregiver shall knowingly obtain, seek to obtain, or possess, 
individually or collectively, an amount of usable cannabis from 
a registered medical cannabis dispensing organization that 
would cause him or her to exceed the authorized adequate supply 
under subsection (a) of Section 10.


    (h) Nothing in this Act shall prevent a private business 
from restricting or prohibiting the medical use of cannabis on 
its property.


    (i) Nothing in this Act shall prevent a university, 
college, or other institution of post-secondary education from 
restricting or prohibiting the use of medical cannabis on its 
property.


(Source: P.A. 98-122, eff. 1-1-14.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  8/1/2018