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

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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

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(Section scheduled to be repealed on January 1, 2018)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

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

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

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

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

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

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

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

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

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

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