Bill Amendment: IL SB0336 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CANNABIS-MEDICAL CONDITIONS
Status: 2018-08-28 - Public Act . . . . . . . . . 100-1114 [SB0336 Detail]
Download: Illinois-2017-SB0336-Senate_Amendment_003.html
Bill Title: CANNABIS-MEDICAL CONDITIONS
Status: 2018-08-28 - Public Act . . . . . . . . . 100-1114 [SB0336 Detail]
Download: Illinois-2017-SB0336-Senate_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 336
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2 | AMENDMENT NO. ______. Amend Senate Bill 336, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. This Act may be referred to as the Alternatives | ||||||
6 | to Opioids Act of 2018.
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7 | Section 5. The Compassionate Use of Medical Cannabis Pilot | ||||||
8 | Program Act is amended by changing Sections 5, 7, 10, 35, 55, | ||||||
9 | 60, 65, 75, 130, and 160 and by adding Section 62 as follows:
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10 | (410 ILCS 130/5) | ||||||
11 | (Section scheduled to be repealed on July 1, 2020)
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12 | Sec. 5. Findings.
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13 | (a) The recorded use of cannabis as a medicine goes back | ||||||
14 | nearly 5,000 years. Modern medical research has confirmed the | ||||||
15 | beneficial uses of cannabis in treating or alleviating the |
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1 | pain, nausea, and other symptoms associated with a variety of | ||||||
2 | debilitating medical conditions, including cancer, multiple | ||||||
3 | sclerosis, and HIV/AIDS, as found by the National Academy of | ||||||
4 | Sciences' Institute of Medicine in March 1999.
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5 | (b) Studies published since the 1999 Institute of Medicine | ||||||
6 | report continue to show the therapeutic value of cannabis in | ||||||
7 | treating a wide array of debilitating medical conditions. These | ||||||
8 | include relief of the neuropathic pain caused by multiple | ||||||
9 | sclerosis, HIV/AIDS, and other illnesses that often fail to | ||||||
10 | respond to conventional treatments and relief of nausea, | ||||||
11 | vomiting, and other side effects of drugs used to treat | ||||||
12 | HIV/AIDS and hepatitis C, increasing the chances of patients | ||||||
13 | continuing on life-saving treatment regimens.
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14 | (c) Cannabis has many currently accepted medical uses in | ||||||
15 | the United States, having been recommended by thousands of | ||||||
16 | licensed physicians to at least 600,000 patients in states with | ||||||
17 | medical cannabis laws. The medical utility of cannabis is | ||||||
18 | recognized by a wide range of medical and public health | ||||||
19 | organizations, including the American Academy of HIV Medicine, | ||||||
20 | the American College of Physicians, the American Nurses | ||||||
21 | Association, the American Public Health Association, the | ||||||
22 | Leukemia & Lymphoma Society, and many others.
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23 | (d) Data from the Federal Bureau of Investigation's Uniform | ||||||
24 | Crime Reports and the Compendium of Federal Justice Statistics | ||||||
25 | show that approximately 99 out of every 100 cannabis arrests in | ||||||
26 | the U.S. are made under state law, rather than under federal |
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1 | law. Consequently, changing State law will have the practical | ||||||
2 | effect of protecting from arrest the vast majority of seriously | ||||||
3 | ill patients who have a medical need to use cannabis.
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4 | (d-5) In 2014, the Task Force on Veterans' Suicide was | ||||||
5 | created by the Illinois General Assembly to gather data on | ||||||
6 | veterans' suicide prevention. Data from a U.S. Department of | ||||||
7 | Veterans Affairs study indicates that 22 veterans commit | ||||||
8 | suicide each day. | ||||||
9 | (d-10) According to the State of Illinois Opioid Action | ||||||
10 | Plan released in September 2017, "The opioid epidemic is the | ||||||
11 | most significant public health and public safety crisis facing | ||||||
12 | Illinois". | ||||||
13 | According to the Action Plan, "Fueled by the growing opioid | ||||||
14 | epidemic, drug overdoses have now become the leading cause of | ||||||
15 | death nationwide for people under the age of 50. In Illinois, | ||||||
16 | opioid overdoses have killed nearly 11,000 people since 2008. | ||||||
17 | Just last year, nearly 1,900 people died of overdoses—almost | ||||||
18 | twice the number of fatal car accidents. Beyond these deaths | ||||||
19 | are thousands of emergency department visits, hospital stays, | ||||||
20 | as well as the pain suffered by individuals, families, and | ||||||
21 | communities". | ||||||
22 | According to the Action Plan, "At the current rate, the | ||||||
23 | opioid epidemic will claim the lives of more than 2,700 | ||||||
24 | Illinoisans in 2020". | ||||||
25 | Further, the Action Plan states, "Physical tolerance to | ||||||
26 | opioids can begin to develop as early as two to three days |
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1 | following the continuous use of opioids, which is a large | ||||||
2 | factor that contributes to their addictive potential". | ||||||
3 | The 2017 State of Illinois Opioid Action Plan also states, | ||||||
4 | "The increase in OUD [opioid use disorder] and opioid overdose | ||||||
5 | deaths is largely due to the dramatic rise in the rate and | ||||||
6 | amount of opioids prescribed for pain over the past decades". | ||||||
7 | Further, according to the Action Plan, "In the absence of | ||||||
8 | alternative treatments, reducing the supply of prescription | ||||||
9 | opioids too abruptly may drive more people to switch to using | ||||||
10 | illicit drugs (including heroin), thus increasing the risk of | ||||||
11 | overdose". | ||||||
12 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
13 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
14 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
15 | Washington, and Washington, D.C. have removed state-level | ||||||
16 | criminal penalties from the medical use and cultivation of | ||||||
17 | cannabis. Illinois joins in this effort for the health and | ||||||
18 | welfare of its citizens.
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19 | (f) States are not required to enforce federal law or | ||||||
20 | prosecute people for engaging in activities prohibited by | ||||||
21 | federal law. Therefore, compliance with this Act does not put | ||||||
22 | the State of Illinois in violation of federal law.
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23 | (g) State law should make a distinction between the medical | ||||||
24 | and non-medical uses of cannabis. Hence, the purpose of this | ||||||
25 | Act is to protect patients with debilitating medical | ||||||
26 | conditions, as well as their physicians and providers, from |
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1 | arrest and prosecution, criminal and other penalties, and | ||||||
2 | property forfeiture if the patients engage in the medical use | ||||||
3 | of cannabis.
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4 | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
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5 | (410 ILCS 130/7) | ||||||
6 | (Section scheduled to be repealed on July 1, 2020) | ||||||
7 | Sec. 7. Lawful user and lawful products. For the purposes | ||||||
8 | of this Act and to clarify the legislative findings on the | ||||||
9 | lawful use of cannabis: | ||||||
10 | (1) A cardholder under this Act shall not be considered | ||||||
11 | an unlawful user or addicted to narcotics solely as a | ||||||
12 | result of his or her qualifying patient or designated | ||||||
13 | caregiver status. | ||||||
14 | (2) All medical cannabis products purchased by a | ||||||
15 | qualifying patient at a licensed dispensing organization | ||||||
16 | shall be lawful products and a distinction shall be made | ||||||
17 | between medical and non-medical uses of cannabis as a | ||||||
18 | result of the qualifying patient's cardholder status under | ||||||
19 | the authorized use granted under State law. | ||||||
20 | (3) An individual in possession of an endorsement card | ||||||
21 | from a dispensary organization under Section 62 shall not | ||||||
22 | be considered an unlawful user or addicted to narcotics | ||||||
23 | solely as a result of his or her endorsement card.
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24 | (Source: P.A. 99-519, eff. 6-30-16.)
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1 | (410 ILCS 130/10) | ||||||
2 | (Section scheduled to be repealed on July 1, 2020)
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3 | Sec. 10. Definitions. The following terms, as used in this | ||||||
4 | Act, shall have the meanings set forth in this Section:
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5 | (a) "Adequate supply" means:
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6 | (1) 2.5 ounces of usable cannabis during a period of 14 | ||||||
7 | days and that is derived solely from an intrastate source.
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8 | (2) Subject to the rules of the Department of Public | ||||||
9 | Health, a patient may apply for a waiver where a physician | ||||||
10 | provides a substantial medical basis in a signed, written | ||||||
11 | statement asserting that, based on the patient's medical | ||||||
12 | history, in the physician's professional judgment, 2.5 | ||||||
13 | ounces is an insufficient adequate supply for a 14-day | ||||||
14 | period to properly alleviate the patient's debilitating | ||||||
15 | medical condition or symptoms associated with the | ||||||
16 | debilitating medical condition.
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17 | (3) This subsection may not be construed to authorize | ||||||
18 | the possession of more than 2.5 ounces at any time without | ||||||
19 | authority from the Department of Public Health.
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20 | (4) The pre-mixed weight of medical cannabis used in | ||||||
21 | making a cannabis infused product shall apply toward the | ||||||
22 | limit on the total amount of medical cannabis a registered | ||||||
23 | qualifying patient may possess at any one time. | ||||||
24 | (b) "Cannabis" has the meaning given that term in Section 3 | ||||||
25 | of the Cannabis Control Act.
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26 | (c) "Cannabis plant monitoring system" means a system that |
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1 | includes, but is not limited to, testing and data collection | ||||||
2 | established and maintained by the registered cultivation | ||||||
3 | center and available to the Department for the purposes of | ||||||
4 | documenting each cannabis plant and for monitoring plant | ||||||
5 | development throughout the life cycle of a cannabis plant | ||||||
6 | cultivated for the intended use by a qualifying patient from | ||||||
7 | seed planting to final packaging.
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8 | (d) "Cardholder" means a qualifying patient or a designated | ||||||
9 | caregiver who has been issued and possesses a valid registry | ||||||
10 | identification card by the Department of Public Health.
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11 | (e) "Cultivation center" means a facility operated by an | ||||||
12 | organization or business that is registered by the Department | ||||||
13 | of Agriculture to perform necessary activities to provide only | ||||||
14 | registered medical cannabis dispensing organizations with | ||||||
15 | usable medical cannabis.
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16 | (f) "Cultivation center agent" means a principal officer, | ||||||
17 | board member, employee, or agent of a registered cultivation | ||||||
18 | center who is 21 years of age or older and has not been | ||||||
19 | convicted of an excluded offense.
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20 | (g) "Cultivation center agent identification card" means a | ||||||
21 | document issued by the Department of Agriculture that | ||||||
22 | identifies a person as a cultivation center agent.
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23 | (h) "Debilitating medical condition" means one or more of | ||||||
24 | the following: | ||||||
25 | (1) cancer, glaucoma, positive status for human | ||||||
26 | immunodeficiency virus, acquired immune deficiency |
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1 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
2 | Crohn's disease, agitation of Alzheimer's disease, | ||||||
3 | cachexia/wasting syndrome, muscular dystrophy, severe | ||||||
4 | fibromyalgia, spinal cord disease, including but not | ||||||
5 | limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||||||
6 | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||||||
7 | spinal cord injury, traumatic brain injury and | ||||||
8 | post-concussion syndrome, Multiple Sclerosis, | ||||||
9 | Arnold-Chiari malformation and Syringomyelia, | ||||||
10 | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||||||
11 | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||||||
12 | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||||||
13 | (Complex Regional Pain Syndromes Type II), | ||||||
14 | Neurofibromatosis, Chronic Inflammatory Demyelinating | ||||||
15 | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||||||
16 | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||||||
17 | syndrome, residual limb pain, seizures (including those | ||||||
18 | characteristic of epilepsy), post-traumatic stress | ||||||
19 | disorder (PTSD), or the treatment of these conditions;
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20 | (1.5) terminal illness with a diagnosis of 6 months or | ||||||
21 | less; if the terminal illness is not one of the qualifying | ||||||
22 | debilitating medical conditions, then the physician shall | ||||||
23 | on the certification form identify the cause of the | ||||||
24 | terminal illness; or | ||||||
25 | (2) any other debilitating medical condition or its | ||||||
26 | treatment that is added by the Department of Public Health |
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1 | by rule as provided in Section 45. | ||||||
2 | Through June 30, 2020, "debilitating medical condition" | ||||||
3 | includes any other medical condition for which an opioid has | ||||||
4 | been or could be prescribed by a physician based on generally | ||||||
5 | accepted standards of care. | ||||||
6 | (i) "Designated caregiver" means a person who: (1) is at | ||||||
7 | least 21 years of age; (2) has agreed to assist with a | ||||||
8 | patient's medical use of cannabis; (3) has not been convicted | ||||||
9 | of an excluded offense; and (4) assists no more than one | ||||||
10 | registered qualifying patient with his or her medical use of | ||||||
11 | cannabis.
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12 | (j) "Dispensing organization agent identification card" | ||||||
13 | means a document issued by the Department of Financial and | ||||||
14 | Professional Regulation that identifies a person as a medical | ||||||
15 | cannabis dispensing organization agent.
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16 | (k) "Enclosed, locked facility" means a room, greenhouse, | ||||||
17 | building, or other enclosed area equipped with locks or other | ||||||
18 | security devices that permit access only by a cultivation | ||||||
19 | center's agents or a dispensing organization's agent working | ||||||
20 | for the registered cultivation center or the registered | ||||||
21 | dispensing organization to cultivate, store, and distribute | ||||||
22 | cannabis for registered qualifying patients.
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23 | (k-5) "Endorsement card" means documentation provided by a | ||||||
24 | medical cannabis dispensing organization to an individual who | ||||||
25 | receives medical cannabis under Section 62. | ||||||
26 | (l) "Excluded offense" for cultivation center agents and |
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1 | dispensing organizations means:
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2 | (1) a violent crime defined in Section 3 of the Rights | ||||||
3 | of Crime Victims and Witnesses Act or a substantially | ||||||
4 | similar offense that was classified as a felony in the | ||||||
5 | jurisdiction where the person was convicted; or
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6 | (2) a violation of a state or federal controlled | ||||||
7 | substance law, the Cannabis Control Act, or the | ||||||
8 | Methamphetamine Control and Community Protection Act that | ||||||
9 | was classified as a felony in the jurisdiction where the | ||||||
10 | person was convicted, except that the registering | ||||||
11 | Department may waive this restriction if the person | ||||||
12 | demonstrates to the registering Department's satisfaction | ||||||
13 | that his or her conviction was for the possession, | ||||||
14 | cultivation, transfer, or delivery of a reasonable amount | ||||||
15 | of cannabis intended for medical use. This exception does | ||||||
16 | not apply if the conviction was under state law and | ||||||
17 | involved a violation of an existing medical cannabis law.
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18 | For purposes of this subsection, the Department of Public | ||||||
19 | Health shall determine by emergency rule within 30 days after | ||||||
20 | the effective date of this amendatory Act of the 99th General | ||||||
21 | Assembly what constitutes a "reasonable amount". | ||||||
22 | (l-5) (Blank). "Excluded offense" for a qualifying patient | ||||||
23 | or designated caregiver means a violation of state or federal | ||||||
24 | controlled substance law, the Cannabis Control Act, or the | ||||||
25 | Methamphetamine and Community Protection Act that was | ||||||
26 | classified as a felony in the jurisdiction where the person was |
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1 | convicted, except that the registering Department may waive | ||||||
2 | this restriction if the person demonstrates to the registering | ||||||
3 | Department's satisfaction that his or her conviction was for | ||||||
4 | the possession, cultivation, transfer, or delivery of a | ||||||
5 | reasonable amount of cannabis intended for medical use. This | ||||||
6 | exception does not apply if the conviction was under state law | ||||||
7 | and involved a violation of an existing medical cannabis law. | ||||||
8 | For purposes of this subsection, the Department of Public | ||||||
9 | Health shall determine by emergency rule within 30 days after | ||||||
10 | the effective date of this amendatory Act of the 99th General | ||||||
11 | Assembly what constitutes a "reasonable amount". | ||||||
12 | (m) "Medical cannabis cultivation center registration" | ||||||
13 | means a registration issued by the Department of Agriculture. | ||||||
14 | (n) "Medical cannabis container" means a sealed, | ||||||
15 | traceable, food compliant, tamper resistant, tamper evident | ||||||
16 | container, or package used for the purpose of containment of | ||||||
17 | medical cannabis from a cultivation center to a dispensing | ||||||
18 | organization.
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19 | (o) "Medical cannabis dispensing organization", or | ||||||
20 | "dispensing organization", or "dispensary organization" means | ||||||
21 | a facility operated by an organization or business that is | ||||||
22 | registered by the Department of Financial and Professional | ||||||
23 | Regulation to acquire medical cannabis from a registered | ||||||
24 | cultivation center for the purpose of dispensing cannabis, | ||||||
25 | paraphernalia, or related supplies and educational materials | ||||||
26 | to registered qualifying patients.
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1 | (p) "Medical cannabis dispensing organization agent" or | ||||||
2 | "dispensing organization agent" means a principal officer, | ||||||
3 | board member, employee, or agent of a registered medical | ||||||
4 | cannabis dispensing organization who is 21 years of age or | ||||||
5 | older and has not been convicted of an excluded offense.
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6 | (q) "Medical cannabis infused product" means food, oils, | ||||||
7 | ointments, or other products containing usable cannabis that | ||||||
8 | are not smoked.
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9 | (r) "Medical use" means the acquisition; administration; | ||||||
10 | delivery; possession; transfer; transportation; or use of | ||||||
11 | cannabis to treat or alleviate a registered qualifying | ||||||
12 | patient's debilitating medical condition or symptoms | ||||||
13 | associated with the patient's debilitating medical condition.
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14 | (r-5) "Opioid" means a narcotic drug or substance that is a | ||||||
15 | Schedule II controlled substance under paragraph (1), (2), (3), | ||||||
16 | or (5) of subsection (b) or under subsection (c) of Section 206 | ||||||
17 | of the Illinois Controlled Substances Act. | ||||||
18 | (s) "Physician" means a doctor of medicine or doctor of | ||||||
19 | osteopathy licensed under the Medical Practice Act of 1987 to | ||||||
20 | practice medicine and who has a controlled substances license | ||||||
21 | under Article III of the Illinois Controlled Substances Act. It | ||||||
22 | does not include a licensed practitioner under any other Act | ||||||
23 | including but not limited to the Illinois Dental Practice Act.
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24 | (t) "Qualifying patient" means a person who has been | ||||||
25 | diagnosed by a physician as having a debilitating medical | ||||||
26 | condition.
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1 | (u) "Registered" means licensed, permitted, or otherwise | ||||||
2 | certified by the Department of Agriculture, Department of | ||||||
3 | Public Health, or Department of Financial and Professional | ||||||
4 | Regulation.
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5 | (v) "Registry identification card" means a document issued | ||||||
6 | by the Department of Public Health that identifies a person as | ||||||
7 | a registered qualifying patient or registered designated | ||||||
8 | caregiver.
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9 | (w) "Usable cannabis" means the seeds, leaves, buds, and | ||||||
10 | flowers of the cannabis plant and any mixture or preparation | ||||||
11 | thereof, but does not include the stalks, and roots of the | ||||||
12 | plant. It does not include the weight of any non-cannabis | ||||||
13 | ingredients combined with cannabis, such as ingredients added | ||||||
14 | to prepare a topical administration, food, or drink.
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15 | (x) "Verification system" means a Web-based system | ||||||
16 | established and maintained by the Department of Public Health | ||||||
17 | that is available to the Department of Agriculture, the | ||||||
18 | Department of Financial and Professional Regulation, law | ||||||
19 | enforcement personnel, and registered medical cannabis | ||||||
20 | dispensing organization agents on a 24-hour basis for the | ||||||
21 | verification of registry
identification cards, the tracking of | ||||||
22 | delivery of medical cannabis to medical cannabis dispensing | ||||||
23 | organizations, and the tracking of the date of sale, amount, | ||||||
24 | and price of medical cannabis purchased by a registered | ||||||
25 | qualifying patient.
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26 | (y) "Written certification" means a document dated and |
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1 | signed by a physician, stating (1) that the qualifying patient | ||||||
2 | has a debilitating medical condition and specifying the | ||||||
3 | debilitating medical condition the qualifying patient has; and | ||||||
4 | (2) that the physician is treating or managing treatment of the | ||||||
5 | patient's debilitating medical condition. A written | ||||||
6 | certification shall be made only in the course of a bona fide | ||||||
7 | physician-patient relationship, after the physician has | ||||||
8 | completed an assessment of the qualifying patient's medical | ||||||
9 | history, reviewed relevant records related to the patient's | ||||||
10 | debilitating condition, and conducted a physical examination. | ||||||
11 | (z) "Bona fide physician-patient relationship" means a | ||||||
12 | relationship in which the physician has an ongoing | ||||||
13 | responsibility for the assessment, care, and treatment of a | ||||||
14 | patient's debilitating medical condition or a symptom of the | ||||||
15 | patient's debilitating medical condition. | ||||||
16 | A veteran who has received treatment at a VA hospital shall | ||||||
17 | be deemed to have a bona fide physician-patient relationship | ||||||
18 | with a VA physician if the patient has been seen for his or her | ||||||
19 | debilitating medical condition at the VA Hospital in accordance | ||||||
20 | with VA Hospital protocols. | ||||||
21 | A bona fide physician-patient relationship under this | ||||||
22 | subsection is a privileged communication within the meaning of | ||||||
23 | Section 8-802 of the Code of Civil Procedure.
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24 | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, | ||||||
25 | eff. 6-30-16.)
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1 | (410 ILCS 130/35) | ||||||
2 | (Section scheduled to be repealed on July 1, 2020)
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3 | Sec. 35. Physician requirements.
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4 | (a) A physician who certifies a debilitating medical | ||||||
5 | condition for a qualifying patient shall comply with all of the | ||||||
6 | following requirements:
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7 | (1) The Physician shall be currently licensed under the | ||||||
8 | Medical Practice Act of 1987 to practice medicine in all | ||||||
9 | its branches and in good standing, and must hold a | ||||||
10 | controlled substances license under Article III of the | ||||||
11 | Illinois Controlled Substances Act.
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12 | (2) A physician certifying a patient's condition shall | ||||||
13 | comply with generally accepted standards of medical | ||||||
14 | practice, the provisions of the Medical Practice Act of | ||||||
15 | 1987 and all applicable rules.
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16 | (3) The physical examination required by this Act may | ||||||
17 | not be performed by remote means, including telemedicine.
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18 | (4) The physician shall maintain a record-keeping | ||||||
19 | system for all patients for whom the physician has | ||||||
20 | certified the patient's medical condition. These records | ||||||
21 | shall be accessible to and subject to review by the | ||||||
22 | Department of Public Health and the Department of Financial | ||||||
23 | and Professional Regulation upon request.
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24 | (b) A physician may not:
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25 | (1) accept, solicit, or offer any form of remuneration | ||||||
26 | from or to a qualifying patient, primary caregiver, |
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1 | cultivation center, or dispensing organization, including | ||||||
2 | each principal officer, board member, agent, and employee, | ||||||
3 | to certify a patient, other than accepting payment from a | ||||||
4 | patient for the fee associated with the required | ||||||
5 | examination; | ||||||
6 | (2) offer a discount of any other item of value to a | ||||||
7 | qualifying patient who uses or agrees to use a particular | ||||||
8 | primary caregiver or dispensing organization to obtain | ||||||
9 | medical cannabis;
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10 | (3) conduct a personal physical examination of a | ||||||
11 | patient for purposes of diagnosing a debilitating medical | ||||||
12 | condition at a location where medical cannabis is sold or | ||||||
13 | distributed or at the address of a principal officer, | ||||||
14 | agent, or employee or a medical cannabis organization;
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15 | (4) hold a direct or indirect economic interest in a | ||||||
16 | cultivation center or dispensing organization if he or she | ||||||
17 | recommends the use of medical cannabis to qualified | ||||||
18 | patients or is in a partnership or other fee or | ||||||
19 | profit-sharing relationship with a physician who | ||||||
20 | recommends medical cannabis, except for the limited | ||||||
21 | purpose of performing a medical cannabis related research | ||||||
22 | study;
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23 | (5) serve on the board of directors or as an employee | ||||||
24 | of a cultivation center or dispensing organization;
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25 | (6) refer patients to a cultivation center, a | ||||||
26 | dispensing organization, or a registered designated |
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1 | caregiver;
or | ||||||
2 | (7) advertise in a cultivation center or a dispensing | ||||||
3 | organization.
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4 | (c) The Department of Public Health may with reasonable | ||||||
5 | cause refer a physician, who has certified a debilitating | ||||||
6 | medical condition of a patient, to the Illinois Department of | ||||||
7 | Financial and Professional Regulation for potential violations | ||||||
8 | of this Section.
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9 | (d) Any violation of this Section or any other provision of | ||||||
10 | this Act or rules adopted under this Act is a violation of the | ||||||
11 | Medical Practice Act of 1987.
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12 | (e) A physician who certifies a debilitating medical | ||||||
13 | condition for a qualifying patient may notify the Department in | ||||||
14 | writing if the physician has reason to believe either that the | ||||||
15 | registered qualifying patient has ceased to suffer from a | ||||||
16 | debilitating medical condition or that continued use of medical | ||||||
17 | cannabis would result in contraindication with the patient's | ||||||
18 | other medication. The registered qualifying patient's registry | ||||||
19 | identification card shall be revoked by the Department of | ||||||
20 | Public Health after receiving the physician's notification.
| ||||||
21 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
22 | 99-519, eff. 6-30-16.)
| ||||||
23 | (410 ILCS 130/55) | ||||||
24 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
25 | Sec. 55. Registration of qualifying patients and |
| |||||||
| |||||||
1 | designated caregivers.
| ||||||
2 | (a) The Department of Public Health shall issue registry | ||||||
3 | identification cards to qualifying patients and designated | ||||||
4 | caregivers who submit a completed application, and at minimum, | ||||||
5 | the following, in accordance with Department of Public Health | ||||||
6 | rules:
| ||||||
7 | (1) A written certification, on a form developed by the | ||||||
8 | Department of Public Health and issued by a physician, | ||||||
9 | within 90 days immediately preceding the date of an | ||||||
10 | application;
| ||||||
11 | (2) upon the execution of applicable privacy waivers, | ||||||
12 | the patient's medical documentation related to his or her | ||||||
13 | debilitating condition and any other information that may | ||||||
14 | be reasonably required by the Department of Public Health | ||||||
15 | to confirm that the physician and patient have a bona fide | ||||||
16 | physician-patient relationship, that the qualifying | ||||||
17 | patient is in the physician's care for his or her | ||||||
18 | debilitating medical condition, and to substantiate the | ||||||
19 | patient's diagnosis;
| ||||||
20 | (3) the application or renewal fee as set by rule;
| ||||||
21 | (4) the name, address, date of birth, and social | ||||||
22 | security number of the qualifying patient, except that if | ||||||
23 | the applicant is homeless no address is required;
| ||||||
24 | (5) the name, address, and telephone number of the | ||||||
25 | qualifying patient's physician;
| ||||||
26 | (6) the name, address, and date of birth of the |
| |||||||
| |||||||
1 | designated caregiver, if any, chosen by the qualifying | ||||||
2 | patient;
| ||||||
3 | (7) the name of the registered medical cannabis | ||||||
4 | dispensing organization the qualifying patient designates;
| ||||||
5 | (8) signed statements from the patient and designated | ||||||
6 | caregiver asserting that they will not divert medical | ||||||
7 | cannabis; and
| ||||||
8 | (9) (blank). completed background checks for the | ||||||
9 | patient and designated caregiver.
| ||||||
10 | (Source: P.A. 98-122, eff. 1-1-14 .)
| ||||||
11 | (410 ILCS 130/60) | ||||||
12 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
13 | Sec. 60. Issuance of registry identification cards.
| ||||||
14 | (a) Except as provided in subsection (b), the Department of | ||||||
15 | Public Health shall:
| ||||||
16 | (1) verify the information contained in an application | ||||||
17 | or renewal for a registry identification card submitted | ||||||
18 | under this Act, and approve or deny an application or | ||||||
19 | renewal, within 30 days of receiving a completed | ||||||
20 | application or renewal application and all supporting | ||||||
21 | documentation specified in Section 55;
| ||||||
22 | (2) issue registry identification cards to a | ||||||
23 | qualifying patient and his or her designated caregiver, if | ||||||
24 | any, within 15 business days of approving the application | ||||||
25 | or renewal;
|
| |||||||
| |||||||
1 | (3) enter the registry identification number of the | ||||||
2 | registered dispensing organization the patient designates | ||||||
3 | into the verification system; and
| ||||||
4 | (4) allow for an electronic application process, and | ||||||
5 | provide a confirmation by electronic or other methods that | ||||||
6 | an application has been submitted.
| ||||||
7 | (b) The Department of Public Health may not issue a | ||||||
8 | registry identification card to a qualifying patient who is | ||||||
9 | under 18 years of age, unless that patient suffers from | ||||||
10 | seizures, including those characteristic of epilepsy, or as | ||||||
11 | provided by administrative rule. The Department of Public | ||||||
12 | Health shall adopt rules for the issuance of a registry | ||||||
13 | identification card for qualifying patients who are under 18 | ||||||
14 | years of age and suffering from seizures, including those | ||||||
15 | characteristic of epilepsy.
The Department of Public Health may | ||||||
16 | adopt rules to allow other individuals under 18 years of age to | ||||||
17 | become registered qualifying patients under this Act with the | ||||||
18 | consent of a parent or legal guardian. Registered qualifying | ||||||
19 | patients under 18 years of age shall be prohibited from | ||||||
20 | consuming forms of cannabis other than medical cannabis infused | ||||||
21 | products and purchasing any usable cannabis. | ||||||
22 | (c) A veteran who has received treatment at a VA hospital | ||||||
23 | is deemed to have a bona fide physician-patient relationship | ||||||
24 | with a VA physician if the patient has been seen for his or her | ||||||
25 | debilitating medical condition at the VA hospital in accordance | ||||||
26 | with VA hospital protocols.
All reasonable inferences |
| |||||||
| |||||||
1 | regarding the existence of a bona fide physician-patient | ||||||
2 | relationship shall be drawn in favor of an applicant who is a | ||||||
3 | veteran and has undergone treatment at a VA hospital.
| ||||||
4 | (c-10) An individual who submits an application as someone | ||||||
5 | who is terminally ill shall have all fees and fingerprinting | ||||||
6 | requirements waived. The Department of Public Health shall | ||||||
7 | within 30 days after this amendatory Act of the 99th General | ||||||
8 | Assembly adopt emergency rules to expedite approval for | ||||||
9 | terminally ill individuals. These rules shall include, but not | ||||||
10 | be limited to, rules that provide that applications by | ||||||
11 | individuals with terminal illnesses shall be approved or denied | ||||||
12 | within 14 days of their submission. | ||||||
13 | (d) Upon the approval of the registration and issuance of a | ||||||
14 | registry card under this Section, the Department of Public | ||||||
15 | Health shall forward the designated caregiver or registered | ||||||
16 | qualified patient's driver's registration number to the | ||||||
17 | Secretary of State and certify that the individual is permitted | ||||||
18 | to engage in the medical use of cannabis. For the purposes of | ||||||
19 | law enforcement, the Secretary of State shall make a notation | ||||||
20 | on the person's driving record stating the person is a | ||||||
21 | registered qualifying patient who is entitled to the lawful | ||||||
22 | medical use of cannabis. If the person no longer holds a valid | ||||||
23 | registry card, the Department shall notify the Secretary of | ||||||
24 | State and the Secretary of State shall remove the notation from | ||||||
25 | the person's driving record. The Department and the Secretary | ||||||
26 | of State may establish a system by which the information may be |
| |||||||
| |||||||
1 | shared electronically.
| ||||||
2 | (e) Upon the approval of the registration and issuance of a | ||||||
3 | registry card under this Section, the Department of Public | ||||||
4 | Health shall electronically forward the registered qualifying | ||||||
5 | patient's identification card information to the Prescription | ||||||
6 | Monitoring Program established under the Illinois Controlled | ||||||
7 | Substances Act and certify that the individual is permitted to | ||||||
8 | engage in the medical use of cannabis. For the purposes of | ||||||
9 | patient care, the Prescription Monitoring Program shall make a | ||||||
10 | notation on the person's prescription record stating that the | ||||||
11 | person is a registered qualifying patient who is entitled to | ||||||
12 | the lawful medical use of cannabis. If the person no longer | ||||||
13 | holds a valid registry card, the Department of Public Health | ||||||
14 | shall notify the Prescription Monitoring Program and | ||||||
15 | Department of Human Services to remove the notation from the | ||||||
16 | person's record. The Department of Human Services and the | ||||||
17 | Prescription Monitoring Program shall establish a system by | ||||||
18 | which the information may be shared electronically. This | ||||||
19 | confidential list may not be combined or linked in any manner | ||||||
20 | with any other list or database except as provided in this | ||||||
21 | Section. | ||||||
22 | (f) (Blank). All applicants for a registry card shall be | ||||||
23 | fingerprinted as part of the application process if they are a | ||||||
24 | first-time applicant, if their registry card has already | ||||||
25 | expired, or if they previously have had their registry card | ||||||
26 | revoked or otherwise denied. At renewal, cardholders whose |
| |||||||
| |||||||
1 | registry cards have not yet expired, been revoked, or otherwise | ||||||
2 | denied shall not be subject to fingerprinting. Registry cards | ||||||
3 | shall be revoked by the Department of Public Health if the | ||||||
4 | Department of Public Health is notified by the Secretary of | ||||||
5 | State that a cardholder has been convicted of an excluded | ||||||
6 | offense. For purposes of enforcing this subsection, the | ||||||
7 | Department of Public Health and Secretary of State shall | ||||||
8 | establish a system by which violations reported to the | ||||||
9 | Secretary of State under paragraph 18 of subsection (a) of | ||||||
10 | Section 6-205 of the Illinois Vehicle Code shall be shared with | ||||||
11 | the Department of Public Health. | ||||||
12 | (Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519, | ||||||
13 | eff. 6-30-16.)
| ||||||
14 | (410 ILCS 130/62 new) | ||||||
15 | Sec. 62. Opioid Prescription Pilot Program. | ||||||
16 | (a) Notwithstanding Sections 55 and 60, a person who has | ||||||
17 | received a physician certification for a medical condition for | ||||||
18 | which an opioid has been or could be prescribed by a physician | ||||||
19 | based on generally accepted standards of care is entitled to | ||||||
20 | purchase medical cannabis from a dispensing organization. | ||||||
21 | In order to purchase medical cannabis from a dispensing | ||||||
22 | organization, the person must take the physician certification | ||||||
23 | and prescription, if provided, to the dispensing organization | ||||||
24 | of his or her choice. | ||||||
25 | A physician issuing a certification under this Section |
| |||||||
| |||||||
1 | shall indicate, on the certification form, the length of time | ||||||
2 | of the opioid prescription, including any refills or renewals, | ||||||
3 | that the physician did or could have prescribed to the patient. | ||||||
4 | Before dispensing medical cannabis to a person under this | ||||||
5 | Section, the dispensing organization must verify that the | ||||||
6 | person is not an active registered qualifying patient with a | ||||||
7 | valid medical cannabis registry identification card. | ||||||
8 | Upon verification of the physician certification, the | ||||||
9 | dispensing organization shall, subject to the limitations in | ||||||
10 | subsection (h) of Section 130, dispense medical cannabis to the | ||||||
11 | person according to the following schedule: | ||||||
12 | (1) If the certification indicates a prescription, | ||||||
13 | including any refills or renewals, for 7 days or less, then | ||||||
14 | the dispensing organization shall dispense medical | ||||||
15 | cannabis to the person for a length of time equivalent to 4 | ||||||
16 | times the length of the prescription. | ||||||
17 | (2) If the certification indicates a prescription, | ||||||
18 | including any refills or renewals, for more than 7 days but | ||||||
19 | less than 30 days, then the dispensing organization shall | ||||||
20 | dispense medical cannabis to the person for a length of | ||||||
21 | time equivalent to 3 times the length of the prescription. | ||||||
22 | (3) If the certification indicates a prescription, | ||||||
23 | including any refills or renewals, for 30 days or more, | ||||||
24 | then the dispensing organization shall dispense medical | ||||||
25 | cannabis to the person for a length of time equivalent to | ||||||
26 | twice the length of the prescription. |
| |||||||
| |||||||
1 | Upon dispensing medical cannabis to a person, the | ||||||
2 | dispensing organization must enter information about the | ||||||
3 | person in the verification system and provide the person with | ||||||
4 | an endorsement card to certify that the person is in lawful | ||||||
5 | possession of medical cannabis. | ||||||
6 | The Department of Public Health shall review the | ||||||
7 | information entered into the verification system by the | ||||||
8 | dispensing organizations under this Section and electronically | ||||||
9 | forward the information to the Prescription Monitoring Program | ||||||
10 | under the Illinois Controlled Substances Act and certify that | ||||||
11 | the individual is permitted to engage in the medical use of | ||||||
12 | cannabis. For the purposes of patient care, the Prescription | ||||||
13 | Monitoring Program shall make a notation on the person's | ||||||
14 | prescription record stating that the person is entitled to the | ||||||
15 | lawful medical use of cannabis. If the person no longer holds a | ||||||
16 | valid endorsement card and does not have a valid registry | ||||||
17 | identification card, the Department of Public Health shall | ||||||
18 | notify the Prescription Monitoring Program and Department of | ||||||
19 | Human Services to remove the notation from the person's record. | ||||||
20 | This confidential notation may not be combined or linked in any | ||||||
21 | manner with any other list or database except those authorized | ||||||
22 | by this Act. | ||||||
23 | A person who wishes to continue use of medical cannabis | ||||||
24 | shall apply for a registration card with the Department of | ||||||
25 | Public Health. | ||||||
26 | (b) The provisions of this Section are inoperative on and |
| |||||||
| |||||||
1 | after July 1, 2020.
| ||||||
2 | (410 ILCS 130/65) | ||||||
3 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
4 | Sec. 65. Denial of registry identification cards. | ||||||
5 | (a) The Department of Public Health may deny an application | ||||||
6 | or renewal of a qualifying patient's registry identification | ||||||
7 | card only if the applicant:
| ||||||
8 | (1) did not provide the required information and | ||||||
9 | materials;
| ||||||
10 | (2) previously had a registry identification card | ||||||
11 | revoked;
| ||||||
12 | (3) did not meet the requirements of this Act; or
| ||||||
13 | (4) provided false or falsified information ; or .
| ||||||
14 | (5) violated any requirement of this Act. | ||||||
15 | (b) (Blank). Except as provided in subsection (b-5) of this | ||||||
16 | Section, no person who has been convicted of a felony under the | ||||||
17 | Illinois Controlled Substances Act, Cannabis Control Act, or | ||||||
18 | Methamphetamine Control and Community Protection Act, or | ||||||
19 | similar provision in a local ordinance or other jurisdiction is | ||||||
20 | eligible to receive a registry identification card.
| ||||||
21 | (b-5) (Blank). If a person was convicted of a felony under | ||||||
22 | the Cannabis Control Act or a similar provision of a local | ||||||
23 | ordinance or of a law of another jurisdiction, and the action | ||||||
24 | warranting that felony is no longer considered a felony after | ||||||
25 | the effective date of this amendatory Act of the 99th General |
| |||||||
| |||||||
1 | Assembly, that person shall be eligible to receive a registry | ||||||
2 | identification card. | ||||||
3 | (c) The Department of Public Health may deny an application | ||||||
4 | or renewal for a designated caregiver chosen by a qualifying | ||||||
5 | patient whose registry identification card was granted only if:
| ||||||
6 | (1) the designated caregiver does not meet the | ||||||
7 | requirements of subsection (i) of Section 10;
| ||||||
8 | (2) the applicant did not provide the information | ||||||
9 | required;
| ||||||
10 | (3) the prospective patient's application was denied;
| ||||||
11 | (4) the designated caregiver previously had a registry | ||||||
12 | identification card revoked; or
| ||||||
13 | (5) the applicant or the designated caregiver provided | ||||||
14 | false or falsified information ; or .
| ||||||
15 | (6) violated any requirement of this Act. | ||||||
16 | (d) (Blank). The Department of Public Health through the | ||||||
17 | Department of State Police shall conduct a background check of | ||||||
18 | the prospective qualifying patient and designated caregiver in | ||||||
19 | order to carry out this Section. The Department of State Police | ||||||
20 | shall charge a fee for conducting the criminal history record | ||||||
21 | check, which shall be deposited in the State Police Services | ||||||
22 | Fund and shall not exceed the actual cost of the record check. | ||||||
23 | Each person applying as a qualifying patient or a designated | ||||||
24 | caregiver shall submit a full set of fingerprints to the | ||||||
25 | Department of State Police for the purpose of obtaining a State | ||||||
26 | and federal criminal records check. These fingerprints shall be |
| |||||||
| |||||||
1 | checked against the fingerprint records now and hereafter, to | ||||||
2 | the extent allowed by law, filed in the Department of State | ||||||
3 | Police and Federal Bureau of Investigation criminal history | ||||||
4 | records databases. The Department of State Police shall | ||||||
5 | furnish, following positive identification, all Illinois | ||||||
6 | conviction information to the Department of Public Health. The | ||||||
7 | Department of Public Health may waive the submission of a | ||||||
8 | qualifying patient's complete fingerprints based on (1) the | ||||||
9 | severity of the patient's illness and (2) the inability of the | ||||||
10 | qualifying patient to supply those fingerprints, provided that | ||||||
11 | a complete criminal background check is conducted by the | ||||||
12 | Department of State Police prior to the issuance of a registry | ||||||
13 | identification card. | ||||||
14 | (e) The Department of Public Health shall notify the | ||||||
15 | qualifying patient who has designated someone to serve as his | ||||||
16 | or her designated caregiver if a registry identification card | ||||||
17 | will not be issued to the designated caregiver.
| ||||||
18 | (f) Denial of an application or renewal is considered a | ||||||
19 | final Department action, subject to judicial review. | ||||||
20 | Jurisdiction and venue for judicial review are vested in the | ||||||
21 | Circuit Court.
| ||||||
22 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
23 | 99-697, eff. 7-29-16.)
| ||||||
24 | (410 ILCS 130/75) | ||||||
25 | (Section scheduled to be repealed on July 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 75. Notifications to Department of Public Health and | ||||||
2 | responses; civil penalty. | ||||||
3 | (a) The following notifications and Department of Public | ||||||
4 | Health responses are required:
| ||||||
5 | (1) A registered qualifying patient shall notify the | ||||||
6 | Department of Public Health of any change in his or her | ||||||
7 | name or address, or if the registered qualifying patient | ||||||
8 | ceases to have his or her debilitating medical condition, | ||||||
9 | within 10 days of the change.
| ||||||
10 | (2) A registered designated caregiver shall notify the | ||||||
11 | Department of Public Health of any change in his or her | ||||||
12 | name or address, or if the designated caregiver becomes | ||||||
13 | aware the registered qualifying patient passed away, | ||||||
14 | within 10 days of the change.
| ||||||
15 | (3) Before a registered qualifying patient changes his | ||||||
16 | or her designated caregiver, the qualifying patient must | ||||||
17 | notify the Department of Public Health.
| ||||||
18 | (4) If a cardholder loses his or her registry | ||||||
19 | identification card, he or she shall notify the Department | ||||||
20 | within 10 days of becoming aware the card has been lost.
| ||||||
21 | (b) When a cardholder notifies the Department of Public | ||||||
22 | Health of items listed in subsection (a), but remains eligible | ||||||
23 | under this Act, the Department of Public Health shall issue the | ||||||
24 | cardholder a new registry identification card with a new random | ||||||
25 | alphanumeric identification number within 15 business days of | ||||||
26 | receiving the updated information and a fee as specified in |
| |||||||
| |||||||
1 | Department of Public Health rules. If the person notifying the | ||||||
2 | Department of Public Health is a registered qualifying patient, | ||||||
3 | the Department shall also issue his or her registered | ||||||
4 | designated caregiver, if any, a new registry identification | ||||||
5 | card within 15 business days of receiving the updated | ||||||
6 | information.
| ||||||
7 | (c) If a registered qualifying patient ceases to be a | ||||||
8 | registered qualifying patient or changes his or her registered | ||||||
9 | designated caregiver, the Department of Public Health shall | ||||||
10 | promptly notify the designated caregiver. The registered | ||||||
11 | designated caregiver's protections under this Act as to that | ||||||
12 | qualifying patient shall expire 15 days after notification by | ||||||
13 | the Department.
| ||||||
14 | (d) A cardholder who fails to make a notification to the | ||||||
15 | Department of Public Health that is required by this Section is | ||||||
16 | subject to a civil infraction, punishable by a penalty of no | ||||||
17 | more than $150.
| ||||||
18 | (e) A registered qualifying patient shall notify the | ||||||
19 | Department of Public Health of any change to his or her | ||||||
20 | designated registered dispensing organization. Registered | ||||||
21 | dispensing organizations must comply with all requirements of | ||||||
22 | this Act.
| ||||||
23 | (f) If the registered qualifying patient's certifying | ||||||
24 | physician notifies the Department in writing that either the | ||||||
25 | registered qualifying patient has ceased to suffer from a | ||||||
26 | debilitating medical condition or that continued use of medical |
| |||||||
| |||||||
1 | cannabis would result in contraindication with the patient's | ||||||
2 | other medication , the card shall become null and void. However, | ||||||
3 | the registered qualifying patient shall have 15 days to destroy | ||||||
4 | his or her remaining medical cannabis and related | ||||||
5 | paraphernalia.
| ||||||
6 | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
| ||||||
7 | (410 ILCS 130/130) | ||||||
8 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
9 | Sec. 130. Requirements; prohibitions; penalties; | ||||||
10 | dispensing organizations. | ||||||
11 | (a) The Department of Financial and Professional | ||||||
12 | Regulation shall implement the provisions of this Section by | ||||||
13 | rule.
| ||||||
14 | (b) A dispensing organization shall maintain operating | ||||||
15 | documents which shall include procedures for the oversight of | ||||||
16 | the registered dispensing organization and procedures to | ||||||
17 | ensure accurate recordkeeping.
| ||||||
18 | (c) A dispensing organization shall implement appropriate | ||||||
19 | security measures, as provided by rule, to deter and prevent | ||||||
20 | the theft of cannabis and unauthorized entrance into areas | ||||||
21 | containing cannabis.
| ||||||
22 | (d) A dispensing organization may not be located within | ||||||
23 | 1,000 feet of the property line of a pre-existing public or | ||||||
24 | private preschool or elementary or secondary school or day care | ||||||
25 | center, day care home, group day care home, or part day child |
| |||||||
| |||||||
1 | care facility. A registered dispensing organization may not be | ||||||
2 | located in a house, apartment, condominium, or an area zoned | ||||||
3 | for residential use.
| ||||||
4 | (e) A dispensing organization is prohibited from acquiring | ||||||
5 | cannabis from anyone other than a registered cultivation | ||||||
6 | center. A dispensing organization is prohibited from obtaining | ||||||
7 | cannabis from outside the State of Illinois.
| ||||||
8 | (f) A registered dispensing organization is prohibited | ||||||
9 | from dispensing cannabis for any purpose except to assist | ||||||
10 | registered qualifying patients with the medical use of cannabis | ||||||
11 | directly or through the qualifying patients' designated | ||||||
12 | caregivers.
| ||||||
13 | (g) The area in a dispensing organization where medical | ||||||
14 | cannabis is stored can only be accessed by dispensing | ||||||
15 | organization agents working for the dispensing organization, | ||||||
16 | Department of Financial and Professional Regulation staff | ||||||
17 | performing inspections, law enforcement or other emergency | ||||||
18 | personnel, and contractors working on jobs unrelated to medical | ||||||
19 | cannabis, such as installing or maintaining security devices or | ||||||
20 | performing electrical wiring.
| ||||||
21 | (h) A dispensing organization may not dispense more than | ||||||
22 | 2.5 ounces of cannabis to a registered qualifying patient, | ||||||
23 | directly or via a designated caregiver, in any 14-day period | ||||||
24 | unless the qualifying patient has a Department of Public | ||||||
25 | Health-approved quantity waiver.
| ||||||
26 | (i) Except as provided in subsection (i-5), before Before |
| |||||||
| |||||||
1 | medical cannabis may be dispensed to a designated caregiver or | ||||||
2 | a registered qualifying patient, a dispensing organization | ||||||
3 | agent must determine that the individual is a current | ||||||
4 | cardholder in the verification system and must verify each of | ||||||
5 | the following:
| ||||||
6 | (1) that the registry identification card presented to | ||||||
7 | the registered dispensing organization is valid;
| ||||||
8 | (2) that the person presenting the card is the person | ||||||
9 | identified on the registry identification card presented | ||||||
10 | to the dispensing organization agent;
| ||||||
11 | (3) that the dispensing organization is the designated | ||||||
12 | dispensing organization for the registered qualifying | ||||||
13 | patient who is obtaining the cannabis directly or via his | ||||||
14 | or her designated caregiver; and
| ||||||
15 | (4) that the registered qualifying patient has not | ||||||
16 | exceeded his or her adequate supply.
| ||||||
17 | (i-5) A dispensing organization may dispense medical | ||||||
18 | cannabis to a qualifying patient under Section 62. | ||||||
19 | (j) Dispensing organizations shall ensure compliance with | ||||||
20 | this limitation by maintaining internal, confidential records | ||||||
21 | that include records specifying how much medical cannabis is | ||||||
22 | dispensed to the registered qualifying patient and whether it | ||||||
23 | was dispensed directly to the registered qualifying patient or | ||||||
24 | to the designated caregiver. Each entry must include the date | ||||||
25 | and time the cannabis was dispensed. Additional recordkeeping | ||||||
26 | requirements may be set by rule.
|
| |||||||
| |||||||
1 | (k) The physician-patient privilege as set forth by Section | ||||||
2 | 8-802 of the Code of Civil Procedure shall apply between a | ||||||
3 | qualifying patient and a registered dispensing organization | ||||||
4 | and its agents with respect to communications and records | ||||||
5 | concerning qualifying patients' debilitating conditions.
| ||||||
6 | (l) A dispensing organization may not permit any person to | ||||||
7 | consume cannabis on the property of a medical cannabis | ||||||
8 | organization.
| ||||||
9 | (m) A dispensing organization may not share office space | ||||||
10 | with or refer patients to a physician.
| ||||||
11 | (n) Notwithstanding any other criminal penalties related | ||||||
12 | to the unlawful possession of cannabis, the Department of | ||||||
13 | Financial and Professional Regulation may revoke, suspend, | ||||||
14 | place on probation, reprimand, refuse to issue or renew, or | ||||||
15 | take any other disciplinary or non-disciplinary action as the | ||||||
16 | Department of Financial and Professional Regulation may deem | ||||||
17 | proper with regard to the registration of any person issued | ||||||
18 | under this Act to operate a dispensing organization or act as a | ||||||
19 | dispensing organization agent, including imposing fines not to | ||||||
20 | exceed $10,000 for each violation, for any violations of this | ||||||
21 | Act and rules adopted in accordance with this Act. The | ||||||
22 | procedures for disciplining a registered dispensing | ||||||
23 | organization shall be determined by rule. All final | ||||||
24 | administrative decisions of the Department of Financial and | ||||||
25 | Professional Regulation are subject to judicial review under | ||||||
26 | the Administrative Review Law and its rules. The term |
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1 | "administrative decision" is defined as in Section 3-101 of the | ||||||
2 | Code of Civil Procedure.
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3 | (o) Dispensing organizations are subject to random | ||||||
4 | inspection and cannabis testing by the Department of Financial | ||||||
5 | and Professional Regulation and State Police as provided by | ||||||
6 | rule.
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7 | (Source: P.A. 98-122, eff. 1-1-14 .)
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8 | (410 ILCS 130/160) | ||||||
9 | (Section scheduled to be repealed on July 1, 2020)
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10 | Sec. 160. Annual reports. (a) The Department of Public | ||||||
11 | Health shall submit to the General Assembly a report, by | ||||||
12 | September 30 of each year, that does not disclose any | ||||||
13 | identifying information about registered qualifying patients, | ||||||
14 | registered caregivers, or physicians, but does contain, at a | ||||||
15 | minimum, all of the following information based on the fiscal | ||||||
16 | year for reporting purposes:
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17 | (1) the number of applications and renewals filed for | ||||||
18 | registry identification cards or registrations;
| ||||||
19 | (2) the number of qualifying patients and designated | ||||||
20 | caregivers served by each dispensary during the report | ||||||
21 | year;
| ||||||
22 | (3) the nature of the debilitating medical conditions | ||||||
23 | of the qualifying patients;
| ||||||
24 | (4) the number of registry identification cards or | ||||||
25 | registrations revoked for misconduct;
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1 | (5) the number of physicians providing written | ||||||
2 | certifications for qualifying patients; and
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3 | (6) the number of registered medical cannabis | ||||||
4 | cultivation centers or registered dispensing | ||||||
5 | organizations ; .
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6 | (7) the number of applications received from | ||||||
7 | applicants seeking an alternative to opioid treatment; | ||||||
8 | (8) the nature of the conditions of the applicants | ||||||
9 | seeking an alternative to opioid treatment; and | ||||||
10 | (9) the number of applications approved and denied from | ||||||
11 | applicants seeking an alternative to opioid treatment. | ||||||
12 | (Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)".
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