Bill Amendment: IL SB0346 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MEDICAL CANNABIS PILOT PROGRAM

Status: 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [SB0346 Detail]

Download: Illinois-2015-SB0346-Senate_Amendment_001.html

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Sen. William R. Haine

Filed: 5/10/2016

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AMENDMENT TO SENATE BILL 346
AMENDMENT NO. ______. Amend Senate Bill 346 by replacing
everything after the enacting clause with the following:
"Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 10, 25, 35, 50, 55,
60, 75, and 220 and by adding Section 74 as follows:
(410 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
(a) "Adequate supply" means:
(1) 2.5 ounces of usable cannabis during a period of 14
days and that is derived solely from an intrastate source.
(2) Subject to the rules of the Department of Public
Health, a patient may apply for a waiver where a physician
provides a substantial medical basis in a signed, written

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statement asserting that, based on the patient's medical
history, in the physician's professional judgment, 2.5
ounces is an insufficient adequate supply for a 14-day
period to properly alleviate the patient's debilitating
medical condition or symptoms associated with the
debilitating medical condition.
(3) This subsection may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health.
(2) (4) The pre-mixed weight of medical cannabis used
in making a cannabis infused product shall apply toward the
limit on the total amount of medical cannabis a registered
qualifying patient may possess at any one time.
(b) "Cannabis" has the meaning given that term in Section 3
of the Cannabis Control Act.
(c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department for the purposes of
documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
(d) "Cardholder" means a qualifying patient or a designated
caregiver who has been issued and possesses a valid registry
identification card by the Department of Public Health.

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(e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
(g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
(h) "Debilitating medical condition" means one or more of
the following:
(1) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency
syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn's disease, agitation of Alzheimer's disease,
cachexia/wasting syndrome, muscular dystrophy, severe
fibromyalgia, spinal cord disease, including but not
limited to arachnoiditis, Tarlov cysts, hydromyelia,
syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
spinal cord injury, traumatic brain injury and
post-concussion syndrome, Multiple Sclerosis,
Arnold-Chiari malformation and Syringomyelia,
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,

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Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
(Complex Regional Pain Syndromes Type II),
Neurofibromatosis, Chronic Inflammatory Demyelinating
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
syndrome, residual limb pain, seizures (including those
characteristic of epilepsy), or the treatment of these
conditions; or
(2) any other debilitating medical condition or its
treatment that is added by the Department of Public Health
by rule as provided in Section 45.
(i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (4) assists no more than one
registered qualifying patient with his or her medical use of
cannabis, except that a designated caregiver may assist more
than one registered qualifying patient if they are employed by
a residential facility regulated by the State and assist only
those registered qualifying patients that reside in that
residential facility.
(j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.

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(k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients.
(l) "Excluded offense" means:
(1) a violent crime defined in Section 3 of the Rights
of Crime Victims and Witnesses Act or a substantially
similar offense that was classified as a felony in the
jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law that was classified as a felony in the
jurisdiction where the person was convicted, except that
the registering Department may waive this restriction if
the person demonstrates to the registering Department's
satisfaction that his or her conviction was for the
possession, cultivation, transfer, or delivery of a
reasonable amount of cannabis intended for medical use.
This exception does not apply if the conviction was under
state law and involved a violation of an existing medical
cannabis law.
(m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
(n) "Medical cannabis container" means a sealed,

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traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.
(o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization" means
a facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients.
(p) "Medical cannabis dispensing organization agent" or
"dispensing organization agent" means a principal officer,
board member, employee, or agent of a registered medical
cannabis dispensing organization who is 21 years of age or
older and has not been convicted of an excluded offense.
(q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.
(r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
(s) "Physician" means a doctor of medicine or doctor of

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osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act. It
does not include a licensed practitioner under any other Act
including but not limited to the Illinois Dental Practice Act.
(t) "Qualifying patient" means a person who has been
diagnosed by a physician as having a debilitating medical
condition.
(u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of
Public Health, or Department of Financial and Professional
Regulation.
(v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient or registered designated
caregiver.
(w) "Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant and any mixture or preparation
thereof, but does not include the stalks, and roots of the
plant. It does not include the weight of any non-cannabis
ingredients combined with cannabis, such as ingredients added
to prepare a topical administration, food, or drink.
(x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the
Department of Financial and Professional Regulation, law

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enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
(y) "Written certification" means a document dated and
signed by a physician, stating (1) that in the physician's
professional opinion the 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; (2) that the qualifying patient has a
debilitating medical condition and specifying the debilitating
medical condition the qualifying patient has; and (2) (3) that
the patient is under the physician's care for the physician is
treating or managing treatment of the patient's debilitating
medical condition. A written certification shall be made only
in the course of a bona fide physician-patient relationship,
after the physician has completed an assessment of the
qualifying patient's medical history, reviewed relevant
records related to the patient's debilitating condition, and
conducted a physical examination.
A veteran who has received treatment at a VA hospital shall
be deemed to have a bona fide physician-patient relationship

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with a VA physician if the patient has been seen for his or her
debilitating medical condition at the VA Hospital in accordance
with VA Hospital protocols.
A bona fide physician-patient relationship under this
subsection is a privileged communication within the meaning of
Section 8-802 of the Code of Civil Procedure.
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
(410 ILCS 130/25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 25. Immunities and presumptions related to the medical
use of cannabis.
(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.
(b) A registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege,

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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. If a
registered designated caregiver assists more than one
qualifying patient, the registered designated caregiver shall
not knowingly obtain, seek to obtain, or possess an amount of
usable cannabis from a registered medical cannabis dispensing
organization that would cause the amount of usable cannabis
obtained or possessed by the registered designated caregiver to
exceed the authorized adequate supply under subsection (a) of
Section 10 for the number of qualifying patients he or she is
assisting.
(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

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defined in this Act.
(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. If a registered designated caregiver assists
more than one qualifying patient, the registered
designated caregiver shall not knowingly obtain, seek to
obtain, or possess an amount of usable cannabis from a
registered medical cannabis dispensing organization that
would cause the amount of usable cannabis obtained or
possessed by the registered designated caregiver to exceed
the authorized adequate supply under subsection (a) of
Section 10 for the number of qualifying patients he or she
is assisting.
(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.
(e) A physician is not subject to arrest, prosecution, or
penalty in any manner, or denied any right or privilege,

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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.
(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

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administering cannabis.
(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.
(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).
(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

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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.
(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).
(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.
(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,

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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.
(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.
(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.
(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.
(p) No law enforcement or correctional agency, nor any
individual employed by a law enforcement or correctional

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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; 99-96, eff. 7-22-15.)
(410 ILCS 130/35)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35. Physician requirements.
(a) A physician who certifies a debilitating medical
condition for a qualifying patient shall comply with all of the
following requirements:
(1) The Physician shall be currently licensed under the
Medical Practice Act of 1987 to practice medicine in all
its branches and in good standing, and must hold a
controlled substances license under Article III of the
Illinois Controlled Substances Act.
(2) A physician certifying a patient's condition
making a medical cannabis recommendation shall comply with
generally accepted standards of medical practice, the
provisions of the Medical Practice Act of 1987 and all
applicable rules.

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(3) The physical examination required by this Act may
not be performed by remote means, including telemedicine.
(4) The physician shall maintain a record-keeping
system for all patients for whom the physician has
certified the patient's medical condition recommended the
medical use of cannabis. These records shall be accessible
to and subject to review by the Department of Public Health
and the Department of Financial and Professional
Regulation upon request.
(b) A physician may not:
(1) accept, solicit, or offer any form of remuneration
from or to a qualifying patient, primary caregiver,
cultivation center, or dispensing organization, including
each principal officer, board member, agent, and employee,
to certify a patient, other than accepting payment from a
patient for the fee associated with the required
examination;
(2) offer a discount of any other item of value to a
qualifying patient who uses or agrees to use a particular
primary caregiver or dispensing organization to obtain
medical cannabis;
(3) conduct a personal physical examination of a
patient for purposes of diagnosing a debilitating medical
condition at a location where medical cannabis is sold or
distributed or at the address of a principal officer,
agent, or employee or a medical cannabis organization;

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(4) hold a direct or indirect economic interest in a
cultivation center or dispensing organization if he or she
recommends the use of medical cannabis to qualified
patients or is in a partnership or other fee or
profit-sharing relationship with a physician who
recommends medical cannabis, except for the limited
purpose of performing a medical cannabis related research
study;
(5) serve on the board of directors or as an employee
of a cultivation center or dispensing organization;
(6) refer patients to a cultivation center, a
dispensing organization, or a registered designated
caregiver; or
(7) advertise in a cultivation center or a dispensing
organization.
(c) The Department of Public Health may with reasonable
cause refer a physician, who has certified a debilitating
medical condition of a patient, to the Illinois Department of
Financial and Professional Regulation for potential violations
of this Section.
(d) Any violation of this Section or any other provision of
this Act or rules adopted under this Act is a violation of the
Medical Practice Act of 1987.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/50)

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(Section scheduled to be repealed on January 1, 2018)
Sec. 50. Employment; employer liability.
(a) Nothing in this Act shall prohibit an employer from
adopting reasonable regulations or workplace policies
concerning the consumption, storage, or timekeeping
requirements for qualifying patients related to the use of
medical cannabis.
(b) Nothing in this Act shall prohibit an employer from
enforcing a policy concerning the use or possession of drugs,
drug testing, zero-tolerance, or a drug free workplace provided
the policy is applied in a nondiscriminatory manner.
(c) Nothing in this Act shall limit an employer from
disciplining a registered qualifying patient for violating a
workplace drug policy.
(d) Nothing in this Act shall limit an employer's ability
to discipline an employee for failing a drug test, including,
but not limited to, if failing to do so would put the employer
in violation of federal law or cause it to lose a federal
contract or funding.
(e) Nothing in this Act shall be construed to create a
defense for a third party who fails a drug test.
(f) An employer may consider a registered qualifying
patient to be impaired when he or she manifests specific,
articulable symptoms while working that decrease or lessen his
or her performance of the duties or tasks of the employee's job
position, including symptoms of the employee's speech,

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physical dexterity, agility, coordination, demeanor,
irrational or unusual behavior, negligence or carelessness in
operating equipment or machinery, disregard for the safety of
the employee or others, or involvement in an accident that
results in serious damage to equipment or property, disruption
of a production or manufacturing process, or carelessness that
results in any injury to the employee or others. If an employer
elects to discipline a qualifying patient under this
subsection, it must afford the employee a reasonable
opportunity to contest the basis of the determination.
(g) Nothing in this Act shall be construed to create or
imply a cause of action for any person against an employer for:
(1) actions based on the employer's good faith belief that a
registered qualifying patient used or possessed cannabis while
on the employer's premises or during the hours of employment;
(2) actions based on the employer's good faith belief that a
registered qualifying patient was impaired while working on the
employer's premises during the hours of employment; (3) injury
or loss to a third party if the employer neither knew nor had
reason to know that the employee was impaired.
(h) Nothing in this Act shall be construed to interfere
with any federal restrictions on employment including but not
limited to the United States Department of Transportation
regulation 49 CFR 40.151(e).
(Source: P.A. 98-122, eff. 1-1-14.)

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(410 ILCS 130/55)
(Section scheduled to be repealed on January 1, 2018)
Sec. 55. Registration of qualifying patients and
designated caregivers.
(a) The Department of Public Health shall issue registry
identification cards to qualifying patients and designated
caregivers who submit a completed application, and at minimum,
the following, in accordance with Department of Public Health
rules:
(1) A written certification, on a form developed by the
Department of Public Health and issued by a physician,
within 90 days immediately preceding the date of an
application;
(2) upon the execution of applicable privacy waivers,
the patient's medical documentation related to his or her
debilitating condition and any other information that may
be reasonably required by the Department of Public Health
to confirm that the physician and patient have a bona fide
physician-patient relationship, that the qualifying
patient is in the physician's care for his or her
debilitating medical condition, and to substantiate the
patient's diagnosis;
(3) the application or renewal fee as set by rule;
(4) the name, address, date of birth, and social
security number of the qualifying patient, except that if
the applicant is homeless no address is required;

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(5) the name, address, and telephone number of the
qualifying patient's physician;
(6) the name, address, and date of birth of the
designated caregiver, if any, chosen by the qualifying
patient;
(7) the name of the registered medical cannabis
dispensing organization the qualifying patient designates;
(8) signed statements from the patient and designated
caregiver asserting that they will not divert medical
cannabis; and
(9) completed background checks for the patient and
designated caregiver; and .
(10) the name and address of the residential facility
licensed by the State that employs a designated caregiver
to assist qualifying patients that reside in that facility.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/60)
(Section scheduled to be repealed on January 1, 2018)
Sec. 60. Issuance of registry identification cards.
(a) Except as provided in subsection (b), the Department of
Public Health shall:
(1) verify the information contained in an application
or renewal for a registry identification card submitted
under this Act, and approve or deny an application or
renewal, within 30 days of receiving a completed

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application or renewal application and all supporting
documentation specified in Section 55;
(2) issue registry identification cards to a
qualifying patient and his or her designated caregiver, if
any, within 15 business days of approving the application
or renewal;
(3) enter the registry identification number of the
registered dispensing organization the patient designates
into the verification system; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) The Department of Public Health may not issue a
registry identification card to a qualifying patient who is
under 18 years of age, unless that patient suffers from
seizures, including those characteristic of epilepsy, or as
provided by administrative rule. The Department of Public
Health shall adopt rules for the issuance of a registry
identification card for qualifying patients who are under 18
years of age and suffering from seizures, including those
characteristic of epilepsy. The Department of Public Health may
adopt rules to allow other individuals under 18 years of age to
become registered qualifying patients under this Act with the
consent of a parent or legal guardian. Registered qualifying
patients under 18 years of age shall be prohibited from
consuming forms of cannabis other than medical cannabis infused

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products and purchasing any usable cannabis.
(c) A veteran who has received treatment at a VA hospital
is deemed to have a bona fide physician-patient relationship
with a VA physician if the patient has been seen for his or her
debilitating medical condition at the VA hospital in accordance
with VA hospital protocols. All reasonable inferences
regarding the existence of a bona fide physician-patient
relationship shall be drawn in favor of an applicant who is a
veteran and has undergone treatment at a VA hospital.
(d) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public
Health shall forward the designated caregiver or registered
qualified patient's driver's registration number to the
Secretary of State and certify that the individual is permitted
to engage in the medical use of cannabis. For the purposes of
law enforcement, the Secretary of State shall make a notation
on the person's driving record stating the person is a
registered qualifying patient who is entitled to the lawful
medical use of cannabis. If the person no longer holds a valid
registry card, the Department shall notify the Secretary of
State and the Secretary of State shall remove the notation from
the person's driving record. The Department and the Secretary
of State may establish a system by which the information may be
shared electronically.
(e) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public

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Health shall electronically forward the registered qualifying
patient's identification card information to the Prescription
Monitoring Program established under the Illinois Controlled
Substances Act and certify that the individual is permitted to
engage in the medical use of cannabis. For the purposes of
patient care, the Prescription Monitoring Program shall make a
notation on the person's prescription record stating that the
person is a registered qualifying patient who is entitled to
the lawful medical use of cannabis. If the person no longer
holds a valid registry card, the Department of Public Health
shall notify the Prescription Monitoring Program and
Department of Human Services to remove the notation from the
person's record. The Department of Human Services and the
Prescription Monitoring Program shall establish a system by
which the information may be shared electronically.
(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
(410 ILCS 130/74 new)
Sec. 74. Posting of patient information on the use of
medical cannabis. The Department of Public Health shall post on
its websites information available from other State public
health departments or other sources on the proper use of
medical cannabis. This information shall include at a minimum
any available information on the risks and benefits of cannabis
use for medical conditions. Each licensed dispensary shall post
on its websites information available from State public health

09900SB0346sam001 - 26 - LRB099 03282 MJP 48338 a
departments or other sources on the proper use of medical
cannabis. This information shall include at a minimum any
available information on the risks and benefits of cannabis use
for medical conditions.
(410 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2018)
Sec. 75. Notifications to Department of Public Health and
responses; civil penalty.
(a) The following notifications and Department of Public
Health responses are required:
(1) A registered qualifying patient shall notify the
Department of Public Health of any change in his or her
name or address, or if the registered qualifying patient
ceases to have his or her debilitating medical condition,
within 10 days of the change.
(2) A registered designated caregiver shall notify the
Department of Public Health of any change in his or her
name or address, or if the designated caregiver becomes
aware the registered qualifying patient passed away,
within 10 days of the change.
(3) Before a registered qualifying patient changes his
or her designated caregiver, the qualifying patient must
notify the Department of Public Health.
(4) If a cardholder loses his or her registry
identification card, he or she shall notify the Department

09900SB0346sam001 - 27 - LRB099 03282 MJP 48338 a
within 10 days of becoming aware the card has been lost.
(b) When a cardholder notifies the Department of Public
Health of items listed in subsection (a), but remains eligible
under this Act, the Department of Public Health shall issue the
cardholder a new registry identification card with a new random
alphanumeric identification number within 15 business days of
receiving the updated information and a fee as specified in
Department of Public Health rules. If the person notifying the
Department of Public Health is a registered qualifying patient,
the Department shall also issue his or her registered
designated caregiver, if any, a new registry identification
card within 15 business days of receiving the updated
information.
(c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department of Public Health shall
promptly notify the designated caregiver. The registered
designated caregiver's protections under this Act as to that
qualifying patient shall expire 15 days after notification by
the Department.
(d) A cardholder who fails to make a notification to the
Department of Public Health that is required by this Section is
subject to a civil infraction, punishable by a penalty of no
more than $150.
(e) A registered qualifying patient shall notify the
Department of Public Health of any change to his or her

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designated registered dispensing organization. Registered
dispensing organizations must comply with all requirements of
this Act.
(f) If the registered qualifying patient's certifying
physician notifies the Department in writing that either the
registered qualifying patient has ceased to suffer from a
debilitating medical condition or that the physician no longer
believes the patient would receive therapeutic or palliative
benefit from the medical use of cannabis, the card shall become
null and void. However, the registered qualifying patient shall
have 15 days to destroy his or her remaining medical cannabis
and related paraphernalia.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/220)
(Section scheduled to be repealed on January 1, 2018)
Sec. 220. Repeal of Act. This Act is repealed on January 1,
2020 4 years after the effective date of this Act.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.".