Bill Text: IL HB4692 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the packaging of medical cannabis infused products shall contain a warning label concerning potential side effects. Requires cultivation centers to place the warning label on all harvested cannabis intended for distribution to a dispensing organization. Provides that dispensing organizations shall not sell any product that contains medical cannabis if the container holding the product does not contain the warning label. Requires the Department of Public Health to determine the wording of the warning through administrative rulemaking. Effective January 1, 2017.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee [HB4692 Detail]

Download: Illinois-2015-HB4692-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4692

Introduced , by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:
410 ILCS 130/80
410 ILCS 130/105
410 ILCS 130/130

Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the packaging of medical cannabis infused products shall contain a warning label concerning potential side effects. Requires cultivation centers to place the warning label on all harvested cannabis intended for distribution to a dispensing organization. Provides that dispensing organizations shall not sell any product that contains medical cannabis if the container holding the product does not contain the warning label. Requires the Department of Public Health to determine the wording of the warning through administrative rulemaking. Effective January 1, 2017.
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A BILL FOR

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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 80, 105, and 130 as
6follows:
7 (410 ILCS 130/80)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 80. Preparation of cannabis infused products.
10 (a) Notwithstanding any other provision of law, neither the
11Department of Public Health nor the Department of Agriculture
12nor the health department of a unit of local government may
13regulate the service of food by a registered cultivation center
14or registered dispensing organization provided that all of the
15following conditions are met:
16 (1) No cannabis infused products requiring
17 refrigeration or hot-holding shall be manufactured at a
18 cultivation center for sale or distribution at a dispensing
19 organization due to the potential for food-borne illness.
20 (2) Baked products infused with medical cannabis (such
21 as brownies, bars, cookies, cakes), tinctures, and other
22 non-refrigerated items are acceptable for sale at
23 dispensing organizations. The products are allowable for

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1 sale only at registered dispensing organizations.
2 (3) All items shall be individually wrapped at the
3 original point of preparation. The packaging of the medical
4 cannabis infused product shall conform to the labeling
5 requirements of the Illinois Food, Drug and Cosmetic Act
6 and shall include the following information on each product
7 offered for sale or distribution:
8 (A) the name and address of the registered
9 cultivation center where the item was manufactured;
10 (B) the common or usual name of the item;
11 (C) all ingredients of the item, including any
12 colors, artificial flavors, and preservatives, listed
13 in descending order by predominance of weight shown
14 with common or usual names;
15 (D) the following phrase: "This product was
16 produced in a medical cannabis cultivation center not
17 subject to public health inspection that may also
18 process common food allergens.";
19 (E) allergen labeling as specified in the Federal
20 Food, Drug and Cosmetics Act, Federal Fair Packaging
21 and Labeling Act, and the Illinois Food, Drug and
22 Cosmetic Act;
23 (F) the pre-mixed total weight (in ounces or grams)
24 of usable cannabis in the package;
25 (G) a warning that the item is a medical cannabis
26 infused product and not a food must be distinctly and

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1 clearly legible on the front of the package;
2 (H) a clearly legible warning emphasizing that the
3 product contains medical cannabis and is intended for
4 consumption by registered qualifying patients only;
5 and
6 (I) date of manufacture and "use by date"; and .
7 (J) a clearly legible warning label stating the
8 potential side effects of the medical cannabis
9 contained within the product. The Department of Public
10 Health shall determine the wording of the warning
11 through administrative rulemaking.
12 (4) Any dispensing organization that sells edible
13 cannabis infused products must display a placard that
14 states the following: "Edible cannabis infused products
15 were produced in a kitchen not subject to public health
16 inspections that may also process common food allergens."
17 The placard shall be no smaller than 24" tall by 36" wide,
18 with typed letters no smaller than 2". The placard shall be
19 clearly visible and readable by customers and shall be
20 written in English.
21 (5) Cannabis infused products for sale or distribution
22 at a dispensing organization must be prepared by an
23 approved staff member of a registered cultivation center.
24 (6) A cultivation center that prepares cannabis
25 infused products for sale or distribution at a dispensing
26 organization shall be under the operational supervision of

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1 a Department of Public Health certified food service
2 sanitation manager.
3 (b) The Department of Public Health shall adopt rules for
4the manufacture of medical cannabis-infused products and shall
5enforce these provisions, and for that purpose it may at all
6times enter every building, room, basement, enclosure, or
7premises occupied or used or suspected of being occupied or
8used for the production, preparation, manufacture for sale,
9storage, sale, distribution or transportation of medical
10cannabis edible products, to inspect the premises and all
11utensils, fixtures, furniture, and machinery used for the
12preparation of these products.
13 (c) If a local health organization has a reasonable belief
14that a cultivation center's cannabis-infused product poses a
15public health hazard, it may refer the cultivation center to
16the Department of Public Health. If the Department of Public
17Health finds that a cannabis-infused product poses a health
18hazard, it may without administrative procedure to bond, bring
19an action for immediate injunctive relief to require that
20action be taken as the court may deem necessary to meet the
21hazard of the cultivation center.
22(Source: P.A. 98-122, eff. 1-1-14.)
23 (410 ILCS 130/105)
24 (Section scheduled to be repealed on January 1, 2018)
25 Sec. 105. Requirements; prohibitions; penalties for

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1cultivation centers.
2 (a) The operating documents of a registered cultivation
3center shall include procedures for the oversight of the
4cultivation center, a cannabis plant monitoring system
5including a physical inventory recorded weekly, a cannabis
6container system including a physical inventory recorded
7weekly, accurate record keeping, and a staffing plan.
8 (b) A registered cultivation center shall implement a
9security plan reviewed by the State Police and including but
10not limited to: facility access controls, perimeter intrusion
11detection systems, personnel identification systems, 24-hour
12surveillance system to monitor the interior and exterior of the
13registered cultivation center facility and accessible to
14authorized law enforcement and the Department of Agriculture in
15real-time.
16 (c) A registered cultivation center may not be located
17within 2,500 feet of the property line of a pre-existing public
18or private preschool or elementary or secondary school or day
19care center, day care home, group day care home, part day child
20care facility, or an area zoned for residential use.
21 (d) All cultivation of cannabis for distribution to a
22registered dispensing organization must take place in an
23enclosed, locked facility as it applies to cultivation centers
24at the physical address provided to the Department of
25Agriculture during the registration process. The cultivation
26center location shall only be accessed by the cultivation

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1center agents working for the registered cultivation center,
2Department of Agriculture staff performing inspections,
3Department of Public Health staff performing inspections, law
4enforcement or other emergency personnel, and contractors
5working on jobs unrelated to medical cannabis, such as
6installing or maintaining security devices or performing
7electrical wiring.
8 (e) A cultivation center may not sell or distribute any
9cannabis to any individual or entity other than a dispensary
10organization registered under this Act.
11 (f) All harvested cannabis intended for distribution to a
12dispensing organization must be packaged in a labeled medical
13cannabis container and entered into a data collection system.
14The label shall contain a warning of the potential side effects
15of using medical cannabis. The Department of Public Health
16shall determine the wording of the warning through
17administrative rulemaking.
18 (g) No person who has been convicted of an excluded offense
19may be a cultivation center agent.
20 (h) Registered cultivation centers are subject to random
21inspection by the State Police.
22 (i) Registered cultivation centers are subject to random
23inspections by the Department of Agriculture and the Department
24of Public Health.
25 (j) A cultivation center agent shall notify local law
26enforcement, the State Police, and the Department of

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1Agriculture within 24 hours of the discovery of any loss or
2theft. Notification shall be made by phone or in-person, or by
3written or electronic communication.
4 (k) A cultivation center shall comply with all State and
5federal rules and regulations regarding the use of pesticides.
6(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
7 (410 ILCS 130/130)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 130. Requirements; prohibitions; penalties;
10dispensing organizations.
11 (a) The Department of Financial and Professional
12Regulation shall implement the provisions of this Section by
13rule.
14 (b) A dispensing organization shall maintain operating
15documents which shall include procedures for the oversight of
16the registered dispensing organization and procedures to
17ensure accurate recordkeeping.
18 (c) A dispensing organization shall implement appropriate
19security measures, as provided by rule, to deter and prevent
20the theft of cannabis and unauthorized entrance into areas
21containing cannabis.
22 (d) A dispensing organization may not be located within
231,000 feet of the property line of a pre-existing public or
24private preschool or elementary or secondary school or day care
25center, day care home, group day care home, or part day child

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1care facility. A registered dispensing organization may not be
2located in a house, apartment, condominium, or an area zoned
3for residential use.
4 (e) A dispensing organization is prohibited from acquiring
5cannabis from anyone other than a registered cultivation
6center. A dispensing organization is prohibited from obtaining
7cannabis from outside the State of Illinois.
8 (f) A registered dispensing organization is prohibited
9from dispensing cannabis for any purpose except to assist
10registered qualifying patients with the medical use of cannabis
11directly or through the qualifying patients' designated
12caregivers.
13 (g) The area in a dispensing organization where medical
14cannabis is stored can only be accessed by dispensing
15organization agents working for the dispensing organization,
16Department of Financial and Professional Regulation staff
17performing inspections, law enforcement or other emergency
18personnel, and contractors working on jobs unrelated to medical
19cannabis, such as installing or maintaining security devices or
20performing electrical wiring.
21 (h) A dispensing organization may not dispense more than
222.5 ounces of cannabis to a registered qualifying patient,
23directly or via a designated caregiver, in any 14-day period
24unless the qualifying patient has a Department of Public
25Health-approved quantity waiver.
26 (i) Before medical cannabis may be dispensed to a

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1designated caregiver or a registered qualifying patient, a
2dispensing organization agent must determine that the
3individual is a current cardholder in the verification system
4and must verify each of the following:
5 (1) that the registry identification card presented to
6 the registered dispensing organization is valid;
7 (2) that the person presenting the card is the person
8 identified on the registry identification card presented
9 to the dispensing organization agent;
10 (3) that the dispensing organization is the designated
11 dispensing organization for the registered qualifying
12 patient who is obtaining the cannabis directly or via his
13 or her designated caregiver; and
14 (4) that the registered qualifying patient has not
15 exceeded his or her adequate supply.
16 (j) Dispensing organizations shall ensure compliance with
17this limitation by maintaining internal, confidential records
18that include records specifying how much medical cannabis is
19dispensed to the registered qualifying patient and whether it
20was dispensed directly to the registered qualifying patient or
21to the designated caregiver. Each entry must include the date
22and time the cannabis was dispensed. Additional recordkeeping
23requirements may be set by rule.
24 (k) The physician-patient privilege as set forth by Section
258-802 of the Code of Civil Procedure shall apply between a
26qualifying patient and a registered dispensing organization

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1and its agents with respect to communications and records
2concerning qualifying patients' debilitating conditions.
3 (l) A dispensing organization may not permit any person to
4consume cannabis on the property of a medical cannabis
5organization.
6 (m) A dispensing organization may not share office space
7with or refer patients to a physician.
8 (n) Notwithstanding any other criminal penalties related
9to the unlawful possession of cannabis, the Department of
10Financial and Professional Regulation may revoke, suspend,
11place on probation, reprimand, refuse to issue or renew, or
12take any other disciplinary or non-disciplinary action as the
13Department of Financial and Professional Regulation may deem
14proper with regard to the registration of any person issued
15under this Act to operate a dispensing organization or act as a
16dispensing organization agent, including imposing fines not to
17exceed $10,000 for each violation, for any violations of this
18Act and rules adopted in accordance with this Act. The
19procedures for disciplining a registered dispensing
20organization shall be determined by rule. All final
21administrative decisions of the Department of Financial and
22Professional Regulation are subject to judicial review under
23the Administrative Review Law and its rules. The term
24"administrative decision" is defined as in Section 3-101 of the
25Code of Civil Procedure.
26 (o) Dispensing organizations are subject to random

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1inspection and cannabis testing by the Department of Financial
2and Professional Regulation and State Police as provided by
3rule.
4 (p) Dispensing organizations shall not sell any product
5that contains medical cannabis if the container holding the
6product does not contain a warning label stating the potential
7side effects of the medical cannabis contained within the
8product. Dispensing organizations may not sell any medical
9cannabis to a registered qualifying patient or registered
10caregiver unless the container holding the medical cannabis has
11a warning label stating the potential side effects of medical
12cannabis. The Department of Public Health shall determine the
13wording of the warning for the product or container through
14administrative rulemaking.
15(Source: P.A. 98-122, eff. 1-1-14.)
16 Section 99. Effective date. This Act takes effect January
171, 2017.
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