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| Public Act 100-0660
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| HB4870 Enrolled | LRB100 20661 AXK 36111 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by adding Section |
22-33 as follows:
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(105 ILCS 5/22-33 new) |
Sec. 22-33. Medical cannabis. |
(a) This Section may be referred to as Ashley's Law. |
(a-5) In this Section, "designated caregiver", "medical |
cannabis infused product", "qualifying patient", and |
"registered" have the meanings given to those terms under |
Section 10 of the Compassionate Use of Medical Cannabis Pilot |
Program Act. |
(b) Subject to the restrictions under subsections (c) |
through (g) of this Section, a school district, public school, |
charter school, or nonpublic school shall authorize a parent or |
guardian or any other individual registered with the Department |
of Public Health as a designated caregiver of a student who is |
a registered qualifying patient to administer a medical |
cannabis infused product to the student on the premises of the |
child's school or on the child's school bus if both the student |
(as a registered qualifying patient) and the parent or guardian |
or other individual (as a registered designated caregiver) have |
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been issued registry identification cards under the |
Compassionate Use of Medical Cannabis Pilot Program Act. After |
administering the product, the parent or guardian or other |
individual shall remove the product from the school premises or |
the school bus. |
(c) A parent or guardian or other individual may not |
administer a medical cannabis infused product under this |
Section in a manner that, in the opinion of the school district |
or school, would create a disruption to the school's |
educational environment or would cause exposure of the product |
to other students. |
(d) A school district or school may not discipline a |
student who is administered a medical cannabis infused product |
by a parent or guardian or other individual under this Section |
and may not deny the student's eligibility to attend school |
solely because the student requires the administration of the |
product. |
(e) Nothing in this Section requires a member of a school's |
staff to administer a medical cannabis infused product to a |
student. |
(f) A school district, public school, charter school, or |
nonpublic school may not authorize the use of a medical |
cannabis infused product under this Section if the school |
district or school would lose federal funding as a result of |
the authorization. |
(g) A school district, public school, charter school, or |
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nonpublic school shall adopt a policy to implement
this |
Section.
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Section 10. The Compassionate Use of Medical Cannabis Pilot |
Program Act is amended by changing Section 30 as follows:
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(410 ILCS 130/30) |
(Section scheduled to be repealed on July 1, 2020)
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Sec. 30. Limitations and penalties.
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(a) This Act does not permit any person to engage in, and |
does not prevent the imposition of any civil, criminal, or |
other penalties for engaging in, the following conduct:
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(1) Undertaking any task under the influence of |
cannabis, when doing so would constitute negligence, |
professional malpractice, or professional misconduct;
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(2) Possessing cannabis:
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(A) except as provided under Section 22-33 of the |
School Code, in a school bus;
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(B) except as provided under Section 22-33 of the |
School Code, on the grounds of any preschool or primary |
or secondary school;
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(C) in any correctional facility; |
(D) in a vehicle under Section 11-502.1 of the |
Illinois Vehicle Code;
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(E) in a vehicle not open to the public unless the |
medical cannabis is in a reasonably secured, sealed, |
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tamper-evident container and reasonably inaccessible |
while the vehicle is moving; or
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(F) in a private residence that is used at any time |
to provide licensed child care or other similar social |
service care on the premises; |
(3) Using cannabis:
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(A) except as provided under Section 22-33 of the |
School Code, in a school bus;
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(B) except as provided under Section 22-33 of the |
School Code, on the grounds of any preschool or primary |
or secondary school;
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(C) in any correctional facility;
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(D) in any motor vehicle;
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(E) in a private residence that is used at any time |
to provide licensed child care or other similar social |
service care on the premises; |
(F) except as provided under Section 22-33 of the |
School Code, in any public place. "Public place" as |
used in this subsection means any place where an |
individual could reasonably be expected to be observed |
by others. A "public place" includes all parts of |
buildings owned in whole or in part, or leased, by the |
State or a local unit of government. A "public place" |
does not include a private residence unless the private |
residence is used to provide licensed child care, |
foster care, or other similar social service care on |
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the premises. For purposes of this subsection, a |
"public place" does not include a health care facility. |
For purposes of this Section, a "health care facility" |
includes, but is not limited to, hospitals, nursing |
homes, hospice care centers, and long-term care |
facilities;
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(G) except as provided under Section 22-33 of the |
School Code, knowingly in close physical proximity to |
anyone under the age of 18 years of age;
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(4) Smoking medical cannabis in any public place where |
an individual could reasonably be expected to be observed |
by others, in a health care facility, or any other place |
where smoking is prohibited under the Smoke Free Illinois |
Act;
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(5) Operating, navigating, or being in actual physical |
control of any motor vehicle, aircraft, or motorboat while |
using or under the influence of cannabis in violation of |
Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
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(6) Using or possessing cannabis if that person does |
not have a debilitating medical condition and is not a |
registered qualifying patient or caregiver;
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(7) Allowing any person who is not allowed to use |
cannabis under this Act to use cannabis that a cardholder |
is allowed to possess under this Act;
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(8) Transferring cannabis to any person contrary to the |
provisions of this Act;
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(9) The use of medical cannabis by an active duty law |
enforcement officer, correctional officer, correctional |
probation officer, or firefighter; or |
(10) The use of medical cannabis by a person who has a |
school bus permit or a Commercial Driver's License.
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(b) Nothing in this Act shall be construed to prevent the |
arrest or prosecution of a registered qualifying patient for |
reckless driving or driving under the influence of cannabis |
where probable cause exists.
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(c) Notwithstanding any other criminal penalties related |
to the unlawful possession of cannabis, knowingly making a |
misrepresentation to a law enforcement official of any fact or |
circumstance relating to the medical use of cannabis to avoid |
arrest or prosecution is a petty offense punishable by a fine |
of up to $1,000, which shall be in addition to any other |
penalties that may apply for making a false statement or for |
the use of cannabis other than use undertaken under this Act.
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(d) Notwithstanding any other criminal penalties related |
to the unlawful possession of cannabis, any person who makes a |
misrepresentation of a medical condition to a physician or |
fraudulently provides material misinformation to a physician |
in order to obtain a written certification is guilty of a petty |
offense punishable by a fine of up to $1,000.
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(e) Any cardholder or registered caregiver who sells |
cannabis shall have his or her registry identification card |
revoked and is subject to other penalties for the unauthorized |
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sale of cannabis.
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(f) Any registered qualifying patient who commits a |
violation of Section 11-502.1 of the Illinois Vehicle Code or |
refuses a properly requested test related to operating a motor |
vehicle while under the influence of cannabis shall have his or |
her registry identification card revoked.
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(g) No registered qualifying patient or designated |
caregiver shall knowingly obtain, seek to obtain, or possess, |
individually or collectively, an amount of usable cannabis from |
a registered medical cannabis dispensing organization that |
would cause him or her to exceed the authorized adequate supply |
under subsection (a) of Section 10.
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(h) Nothing in this Act shall prevent a private business |
from restricting or prohibiting the medical use of cannabis on |
its property.
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(i) Nothing in this Act shall prevent a university, |
college, or other institution of post-secondary education from |
restricting or prohibiting the use of medical cannabis on its |
property.
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(Source: P.A. 98-122, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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