Bill Text: IL SB1707 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that all persons providing medical cannabis related services under the Act for a cultivation center shall hold certification as a Certified Medical Cannabis Cultivation Center Agent. Provides that all persons providing medical cannabis related services under the Act for a dispensing organization shall hold certification as a Certified Medical Cannabis Dispensing Organization Agent or Dispensing Organization Agent.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-07-06 - Rule 19(a) / Re-referred to Rules Committee [SB1707 Detail]

Download: Illinois-2017-SB1707-Engrossed.html



SB1707 EngrossedLRB100 11322 MJP 21693 b
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 Section 130 as follows:
6 (410 ILCS 130/130)
7 (Section scheduled to be repealed on July 1, 2020)
8 Sec. 130. Requirements; prohibitions; penalties;
9dispensing organizations.
10 (a) The Department of Financial and Professional
11Regulation shall implement the provisions of this Section by
12rule.
13 (b) A dispensing organization shall maintain operating
14documents which shall include procedures for the oversight of
15the registered dispensing organization and procedures to
16ensure accurate recordkeeping.
17 (c) A dispensing organization shall implement appropriate
18security measures, as provided by rule, to deter and prevent
19the theft of cannabis and unauthorized entrance into areas
20containing cannabis.
21 (d) A dispensing organization may not be located within
221,000 feet of the property line of a pre-existing public or
23private preschool or elementary or secondary school or day care

SB1707 Engrossed- 2 -LRB100 11322 MJP 21693 b
1center, day care home, group day care home, or part day child
2care facility. A registered dispensing organization may not be
3located in a house, apartment, condominium, or an area zoned
4for residential use.
5 (e) A dispensing organization is prohibited from acquiring
6cannabis from anyone other than a registered cultivation
7center. A dispensing organization is prohibited from obtaining
8cannabis from outside the State of Illinois.
9 (f) A registered dispensing organization is prohibited
10from dispensing cannabis for any purpose except to assist
11registered qualifying patients with the medical use of cannabis
12directly or through the qualifying patients' designated
13caregivers.
14 (g) The area in a dispensing organization where medical
15cannabis is stored can only be accessed by dispensing
16organization agents working for the dispensing organization,
17Department of Financial and Professional Regulation staff
18performing inspections, law enforcement or other emergency
19personnel, and contractors working on jobs unrelated to medical
20cannabis, such as installing or maintaining security devices or
21performing electrical wiring.
22 (h) A dispensing organization may not dispense more than
232.5 ounces of cannabis to a registered qualifying patient,
24directly or via a designated caregiver, in any 14-day period
25unless the qualifying patient has a Department of Public
26Health-approved quantity waiver.

SB1707 Engrossed- 3 -LRB100 11322 MJP 21693 b
1 (i) Before medical cannabis may be dispensed to a
2designated caregiver or a registered qualifying patient, a
3dispensing organization agent must determine that the
4individual is a current cardholder in the verification system
5and must verify each of 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 (j) Dispensing organizations shall ensure compliance with
18this limitation by maintaining internal, confidential records
19that include records specifying how much medical cannabis is
20dispensed to the registered qualifying patient and whether it
21was dispensed directly to the registered qualifying patient or
22to the designated caregiver. Each entry must include the date
23and time the cannabis was dispensed. Additional recordkeeping
24requirements may be set by rule.
25 (k) The physician-patient privilege as set forth by Section
268-802 of the Code of Civil Procedure shall apply between a

SB1707 Engrossed- 4 -LRB100 11322 MJP 21693 b
1qualifying patient and a registered dispensing organization
2and its agents with respect to communications and records
3concerning qualifying patients' debilitating conditions.
4 (l) A dispensing organization may not permit any person to
5consume cannabis on the property of a medical cannabis
6organization.
7 (m) A dispensing organization may not share office space
8with or refer patients to a physician.
9 (n) Notwithstanding any other criminal penalties related
10to the unlawful possession of cannabis, the Department of
11Financial and Professional Regulation may revoke, suspend,
12place on probation, reprimand, refuse to issue or renew, or
13take any other disciplinary or non-disciplinary action as the
14Department of Financial and Professional Regulation may deem
15proper with regard to the registration of any person issued
16under this Act to operate a dispensing organization or act as a
17dispensing organization agent, including imposing fines not to
18exceed $10,000 for each violation, for any violations of this
19Act and rules adopted in accordance with this Act. The
20procedures for disciplining a registered dispensing
21organization shall be determined by rule. All final
22administrative decisions of the Department of Financial and
23Professional Regulation are subject to judicial review under
24the Administrative Review Law and its rules. The term
25"administrative decision" is defined as in Section 3-101 of the
26Code of Civil Procedure.

SB1707 Engrossed- 5 -LRB100 11322 MJP 21693 b
1 (o) Dispensing organizations are subject to random
2inspection and cannabis testing by the Department of Financial
3and Professional Regulation and State Police as provided by
4rule.
5 (p) Each registered medical cannabis dispensing
6organization shall self-certify the medical cannabis
7dispensing organization's agents in accordance with
8administrative rules adopted by the Department of Financial and
9Professional Regulation.
10(Source: P.A. 98-122, eff. 1-1-14.)
feedback