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Public Act 102-0067


 

Public Act 0067 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0067
 
HB3139 EnrolledLRB102 16537 SPS 21932 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Section 30 and by adding
Section 31 as follows:
 
    (410 ILCS 130/30)
    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
        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 and Section 31 of this Act, 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 and Section 31 of this Act, 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 certifying
health care professional or fraudulently provides material
misinformation to a certifying health care professional 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. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19.)
 
    (410 ILCS 130/31 new)
    Sec. 31. Administration to persons with disabilities in
park district programs.
    (a) Definitions. For purposes of this Section:
        (1) "Park district" has the meaning as defined in
    Section 1-3 of the Park District Code. "Park district"
    includes the Chicago Park District as defined by the
    Chicago Park District Act, any special recreational
    association created by a park district through an
    intergovernmental agreement, and any nonprofit
    organization authorized by the park district or special
    recreational association to administer a program for
    persons with disabilities on its behalf.
        (2) "Program participant" means a person with
    disabilities who is a registered qualifying patient and
    who participates in a summer camp, educational program, or
    other similar program provided by a park district for
    persons with disabilities.
    (b) Subject to the restrictions under subsections (c)
through (f) of this Section, a park district shall authorize a
program participant's parent, guardian, or other designated
caregiver to administer a medical cannabis infused product to
the program participant on the premises of the park district
if both the program participant and the parent, guardian, or
other designated caregiver are cardholders. After
administering the medical cannabis infused product, the
parent, guardian, or other designated caregiver shall remove
the medical cannabis infused product from the premises of the
park district.
    (c) A parent, guardian, or other designated caregiver may
not administer a medical cannabis infused product under this
Section in a manner that, in the opinion of the park district,
would create a disruption to the park district's program or
activity for persons with disabilities or would cause exposure
of the medical cannabis infused product to other program
participants.
    (d) A park district may not discipline a program
participant who is administered a medical cannabis infused
product by a parent, guardian, or other designated caregiver
under this Section and may not deny the program participant's
eligibility to attend the park district's program or activity
for persons with disabilities solely because the program
participant requires the administration of the medical
cannabis infused product.
    (e) Nothing in this Section requires a member of the park
district's staff to administer a medical cannabis infused
product to a program participant.
    (f) A park district may not authorize the use of a medical
cannabis infused product under this Section if the park
district would lose federal funding as a result of the
authorization.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021