Bill Text: IL SB2636 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes myoclonic-astatic epilepsy in the definition of "debilitating medical condition". Provides that 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 myoclonic-astatic epilepsy.
Spectrum: Moderate Partisan Bill (Democrat 27-4)
Status: (Passed) 2014-07-21 - Public Act . . . . . . . . . 98-0775 [SB2636 Detail]
Download: Illinois-2013-SB2636-Engrossed.html
Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes myoclonic-astatic epilepsy in the definition of "debilitating medical condition". Provides that 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 myoclonic-astatic epilepsy.
Spectrum: Moderate Partisan Bill (Democrat 27-4)
Status: (Passed) 2014-07-21 - Public Act . . . . . . . . . 98-0775 [SB2636 Detail]
Download: Illinois-2013-SB2636-Engrossed.html
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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis Pilot | ||||||
5 | Program Act is amended by changing Sections 10 and 60 as | ||||||
6 | follows:
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7 | (410 ILCS 130/10) | ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
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9 | Sec. 10. Definitions. The following terms, as used in this | ||||||
10 | Act, shall have the meanings set forth in this Section:
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11 | (a) "Adequate supply" means:
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12 | (1) 2.5 ounces of usable cannabis during a period of 14 | ||||||
13 | days and that is derived solely from an intrastate source.
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14 | (2) Subject to the rules of the Department of Public | ||||||
15 | Health, a patient may apply for a waiver where a physician | ||||||
16 | provides a substantial medical basis in a signed, written | ||||||
17 | statement asserting that, based on the patient's medical | ||||||
18 | history, in the physician's professional judgment, 2.5 | ||||||
19 | ounces is an insufficient adequate supply for a 14-day | ||||||
20 | period to properly alleviate the patient's debilitating | ||||||
21 | medical condition or symptoms associated with the | ||||||
22 | debilitating medical condition.
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23 | (3) This subsection may not be construed to authorize |
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1 | the possession of more than 2.5 ounces at any time without | ||||||
2 | authority from the Department of Public Health.
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3 | (4) The pre-mixed weight of medical cannabis used in | ||||||
4 | making a cannabis infused product shall apply toward the | ||||||
5 | limit on the total amount of medical cannabis a registered | ||||||
6 | qualifying patient may possess at any one time. | ||||||
7 | (b) "Cannabis" has the meaning given that term in Section 3 | ||||||
8 | of the Cannabis Control Act.
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9 | (c) "Cannabis plant monitoring system" means a system that | ||||||
10 | includes, but is not limited to, testing and data collection | ||||||
11 | established and maintained by the registered cultivation | ||||||
12 | center and available to the Department for the purposes of | ||||||
13 | documenting each cannabis plant and for monitoring plant | ||||||
14 | development throughout the life cycle of a cannabis plant | ||||||
15 | cultivated for the intended use by a qualifying patient from | ||||||
16 | seed planting to final packaging.
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17 | (d) "Cardholder" means a qualifying patient or a designated | ||||||
18 | caregiver who has been issued and possesses a valid registry | ||||||
19 | identification card by the Department of Public Health.
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20 | (e) "Cultivation center" means a facility operated by an | ||||||
21 | organization or business that is registered by the Department | ||||||
22 | of Agriculture to perform necessary activities to provide only | ||||||
23 | registered medical cannabis dispensing organizations with | ||||||
24 | usable medical cannabis.
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25 | (f) "Cultivation center agent" means a principal officer, | ||||||
26 | board member, employee, or agent of a registered cultivation |
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1 | center who is 21 years of age or older and has not been | ||||||
2 | convicted of an excluded offense.
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3 | (g) "Cultivation center agent identification card" means a | ||||||
4 | document issued by the Department of Agriculture that | ||||||
5 | identifies a person as a cultivation center agent.
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6 | (h) "Debilitating medical condition" means one or more of | ||||||
7 | the following: | ||||||
8 | (1) cancer, glaucoma, positive status for human | ||||||
9 | immunodeficiency virus, acquired immune deficiency | ||||||
10 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
11 | Crohn's disease, agitation of Alzheimer's disease, | ||||||
12 | cachexia/wasting syndrome, muscular dystrophy, severe | ||||||
13 | fibromyalgia, spinal cord disease, including but not | ||||||
14 | limited to arachnoiditis, Tarlov cysts, hydromyelia, | ||||||
15 | syringomyelia, Rheumatoid arthritis, fibrous dysplasia, | ||||||
16 | spinal cord injury, traumatic brain injury and | ||||||
17 | post-concussion syndrome, Multiple Sclerosis, | ||||||
18 | Arnold-Chiari malformation and Syringomyelia, | ||||||
19 | Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, | ||||||
20 | Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD | ||||||
21 | (Complex Regional Pain Syndromes Type I), Causalgia, CRPS | ||||||
22 | (Complex Regional Pain Syndromes Type II), | ||||||
23 | Neurofibromatosis, Chronic Inflammatory Demyelinating | ||||||
24 | Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial | ||||||
25 | Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella | ||||||
26 | syndrome, residual limb pain, seizures (including those |
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1 | characteristic of epilepsy), or the treatment of these | ||||||
2 | conditions; or
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3 | (2) any other debilitating medical condition or its | ||||||
4 | treatment that is added by the Department of Public Health | ||||||
5 | by rule as provided in Section 45. | ||||||
6 | (i) "Designated caregiver" means a person who: (1) is at | ||||||
7 | least 21 years of age; (2) has agreed to assist with a | ||||||
8 | patient's medical use of cannabis; (3) has not been convicted | ||||||
9 | of an excluded offense; and (4) assists no more than one | ||||||
10 | registered qualifying patient with his or her medical use of | ||||||
11 | cannabis.
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12 | (j) "Dispensing organization agent identification card" | ||||||
13 | means a document issued by the Department of Financial and | ||||||
14 | Professional Regulation that identifies a person as a medical | ||||||
15 | cannabis dispensing organization agent.
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16 | (k) "Enclosed, locked facility" means a room, greenhouse, | ||||||
17 | building, or other enclosed area equipped with locks or other | ||||||
18 | security devices that permit access only by a cultivation | ||||||
19 | center's agents or a dispensing organization's agent working | ||||||
20 | for the registered cultivation center or the registered | ||||||
21 | dispensing organization to cultivate, store, and distribute | ||||||
22 | cannabis for registered qualifying patients.
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23 | (l) "Excluded offense" means:
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24 | (1) a violent crime defined in Section 3 of the Rights | ||||||
25 | of Crime Victims and Witnesses Act or a substantially | ||||||
26 | similar offense that was classified as a felony in the |
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1 | jurisdiction where the person was convicted; or
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2 | (2) a violation of a state or federal controlled | ||||||
3 | substance law that was classified as a felony in the | ||||||
4 | jurisdiction where the person was convicted, except that | ||||||
5 | the registering Department may waive this restriction if | ||||||
6 | the person demonstrates to the registering Department's | ||||||
7 | satisfaction that his or her conviction was for the | ||||||
8 | possession, cultivation, transfer, or delivery of a | ||||||
9 | reasonable amount of cannabis intended for medical use. | ||||||
10 | This exception does not apply if the conviction was under | ||||||
11 | state law and involved a violation of an existing medical | ||||||
12 | cannabis law.
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13 | (m) "Medical cannabis cultivation center registration" | ||||||
14 | means a registration issued by the Department of Agriculture. | ||||||
15 | (n) "Medical cannabis container" means a sealed, | ||||||
16 | traceable, food compliant, tamper resistant, tamper evident | ||||||
17 | container, or package used for the purpose of containment of | ||||||
18 | medical cannabis from a cultivation center to a dispensing | ||||||
19 | organization.
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20 | (o) "Medical cannabis dispensing organization", or | ||||||
21 | "dispensing organization", or "dispensary organization" means | ||||||
22 | a facility operated by an organization or business that is | ||||||
23 | registered by the Department of Financial and Professional | ||||||
24 | Regulation to acquire medical cannabis from a registered | ||||||
25 | cultivation center for the purpose of dispensing cannabis, | ||||||
26 | paraphernalia, or related supplies and educational materials |
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1 | to registered qualifying patients.
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2 | (p) "Medical cannabis dispensing organization agent" or | ||||||
3 | "dispensing organization agent" means a principal officer, | ||||||
4 | board member, employee, or agent of a registered medical | ||||||
5 | cannabis dispensing organization who is 21 years of age or | ||||||
6 | older and has not been convicted of an excluded offense.
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7 | (q) "Medical cannabis infused product" means food, oils, | ||||||
8 | ointments, or other products containing usable cannabis that | ||||||
9 | are not smoked.
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10 | (r) "Medical use" means the acquisition; administration; | ||||||
11 | delivery; possession; transfer; transportation; or use of | ||||||
12 | cannabis to treat or alleviate a registered qualifying | ||||||
13 | patient's debilitating medical condition or symptoms | ||||||
14 | associated with the patient's debilitating medical condition.
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15 | (s) "Physician" means a doctor of medicine or doctor of | ||||||
16 | osteopathy licensed under the Medical Practice Act of 1987 to | ||||||
17 | practice medicine and who has a controlled substances license | ||||||
18 | under Article III of the Illinois Controlled Substances Act. It | ||||||
19 | does not include a licensed practitioner under any other Act | ||||||
20 | including but not limited to the Illinois Dental Practice Act.
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21 | (t) "Qualifying patient" means a person who has been | ||||||
22 | diagnosed by a physician as having a debilitating medical | ||||||
23 | condition.
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24 | (u) "Registered" means licensed, permitted, or otherwise | ||||||
25 | certified by the Department of Agriculture, Department of | ||||||
26 | Public Health, or Department of Financial and Professional |
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1 | Regulation.
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2 | (v) "Registry identification card" means a document issued | ||||||
3 | by the Department of Public Health that identifies a person as | ||||||
4 | a registered qualifying patient or registered designated | ||||||
5 | caregiver.
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6 | (w) "Usable cannabis" means the seeds, leaves, buds, and | ||||||
7 | flowers of the cannabis plant and any mixture or preparation | ||||||
8 | thereof, but does not include the stalks, and roots of the | ||||||
9 | plant. It does not include the weight of any non-cannabis | ||||||
10 | ingredients combined with cannabis, such as ingredients added | ||||||
11 | to prepare a topical administration, food, or drink.
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12 | (x) "Verification system" means a Web-based system | ||||||
13 | established and maintained by the Department of Public Health | ||||||
14 | that is available to the Department of Agriculture, the | ||||||
15 | Department of Financial and Professional Regulation, law | ||||||
16 | enforcement personnel, and registered medical cannabis | ||||||
17 | dispensing organization agents on a 24-hour basis for the | ||||||
18 | verification of registry
identification cards, the tracking of | ||||||
19 | delivery of medical cannabis to medical cannabis dispensing | ||||||
20 | organizations, and the tracking of the date of sale, amount, | ||||||
21 | and price of medical cannabis purchased by a registered | ||||||
22 | qualifying patient.
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23 | (y) "Written certification" means a document dated and | ||||||
24 | signed by a physician, stating (1) that in the physician's | ||||||
25 | professional opinion the patient is likely to receive | ||||||
26 | therapeutic or palliative benefit from the medical use of |
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1 | cannabis to treat or alleviate the patient's debilitating | ||||||
2 | medical condition or symptoms associated with the debilitating | ||||||
3 | medical condition; (2) that the qualifying patient has a | ||||||
4 | debilitating medical condition and specifying the debilitating | ||||||
5 | medical condition the qualifying patient has; and (3) that the | ||||||
6 | patient is under the physician's care for the debilitating | ||||||
7 | medical condition. A written certification shall be made only | ||||||
8 | in the course of a bona fide physician-patient relationship, | ||||||
9 | after the physician has completed an assessment of the | ||||||
10 | qualifying patient's medical history, reviewed relevant | ||||||
11 | records related to the patient's debilitating condition, and | ||||||
12 | conducted a physical examination. | ||||||
13 | A veteran who has received treatment at a VA hospital shall | ||||||
14 | be deemed to have a bona fide physician-patient relationship | ||||||
15 | with a VA physician if the patient has been seen for his or her | ||||||
16 | debilitating medical condition at the VA Hospital in accordance | ||||||
17 | with VA Hospital protocols. | ||||||
18 | A bona fide physician-patient relationship under this | ||||||
19 | subsection is a privileged communication within the meaning of | ||||||
20 | Section 8-802 of the Code of Civil Procedure.
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21 | (Source: P.A. 98-122, eff. 1-1-14.)
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22 | (410 ILCS 130/60) | ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
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24 | Sec. 60. Issuance of registry identification cards.
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25 | (a) Except as provided in subsection (b), the Department of |
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1 | Public Health shall:
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2 | (1) verify the information contained in an application | ||||||
3 | or renewal for a registry identification card submitted | ||||||
4 | under this Act, and approve or deny an application or | ||||||
5 | renewal, within 30 days of receiving a completed | ||||||
6 | application or renewal application and all supporting | ||||||
7 | documentation specified in Section 55;
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8 | (2) issue registry identification cards to a | ||||||
9 | qualifying patient and his or her designated caregiver, if | ||||||
10 | any, within 15 business days of approving the application | ||||||
11 | or renewal;
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12 | (3) enter the registry identification number of the | ||||||
13 | registered dispensing organization the patient designates | ||||||
14 | into the verification system; and
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15 | (4) allow for an electronic application process, and | ||||||
16 | provide a confirmation by electronic or other methods that | ||||||
17 | an application has been submitted.
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18 | (b) The Department of Public Health may not issue a | ||||||
19 | registry identification card to a qualifying patient who is | ||||||
20 | under 18 years of age , unless that patient suffers from | ||||||
21 | seizures, including those characteristic of epilepsy. The | ||||||
22 | Department of Public Health shall adopt rules for the issuance | ||||||
23 | of a registry identification card for qualifying patients who | ||||||
24 | are under 18 years of age and suffering from seizures, | ||||||
25 | including those characteristic of epilepsy .
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26 | (c) A veteran who has received treatment at a VA hospital |
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1 | is deemed to have a bona fide physician-patient relationship | ||||||
2 | with a VA physician if the patient has been seen for his or her | ||||||
3 | debilitating medical condition at the VA hospital in accordance | ||||||
4 | with VA hospital protocols.
All reasonable inferences | ||||||
5 | regarding the existence of a bona fide physician-patient | ||||||
6 | relationship shall be drawn in favor of an applicant who is a | ||||||
7 | veteran and has undergone treatment at a VA hospital.
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8 | (d) Upon the approval of the registration and issuance of a | ||||||
9 | registry card under this Section, the Department of Public | ||||||
10 | Health shall forward the designated caregiver or registered | ||||||
11 | qualified patient's driver's registration number to the | ||||||
12 | Secretary of State and certify that the individual is permitted | ||||||
13 | to engage in the medical use of cannabis. For the purposes of | ||||||
14 | law enforcement, the Secretary of State shall make a notation | ||||||
15 | on the person's driving record stating the person is a | ||||||
16 | registered qualifying patient who is entitled to the lawful | ||||||
17 | medical use of cannabis. If the person no longer holds a valid | ||||||
18 | registry card, the Department shall notify the Secretary of | ||||||
19 | State and the Secretary of State shall remove the notation from | ||||||
20 | the person's driving record. The Department and the Secretary | ||||||
21 | of State may establish a system by which the information may be | ||||||
22 | shared electronically.
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23 | (Source: P.A. 98-122, eff. 1-1-14.)
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