94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0407

 

Introduced 01/26/05, by Rep. Larry McKeon

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 550/11   from Ch. 56 1/2, par. 711

    Creates the Medical Cannabis Act. Provides that a person who has been diagnosed by a physician as having a debilitating medical condition and the person's primary caregiver may be issued a registry identification card by the Department of Human Services that permits the person or the person's primary caregiver to legally possess no more than 12 cannabis plants and two and one-half ounces of usable cannabis. Provides that a person who possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for the medical use of cannabis; provided that the qualifying patient or primary caregiver possesses an amount of cannabis that does not exceed 12 cannabis plants and two and one-half ounces of usable cannabis. Amends the Cannabis Control Act to make conforming changes consistent with the Medical Cannabis Act. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning medical cannabis.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Medical Cannabis Act.
 
6     Section 5. Findings.
7     (a) Modern medical research has discovered beneficial uses
8 for cannabis in treating or alleviating the pain, nausea, and
9 other symptoms associated with certain debilitating medical
10 conditions, as found by the National Academy of Sciences'
11 Institute of Medicine in March 1999.
12     (b) According to the U.S. Sentencing Commission and the
13 Federal Bureau of Investigation, 99 out of every 100 cannabis
14 arrests in the U.S. are made under state law, rather than under
15 federal law. Consequently, changing state law will have the
16 practical effect of protecting from arrest the vast majority of
17 seriously ill people who have a medical need to use cannabis.
18     (c) Although federal law currently prohibits any use of
19 cannabis, the laws of Alaska, California, Colorado, Hawaii,
20 Maine, Montana, Nevada, Oregon, Vermont, and Washington permit
21 the medical use and cultivation of cannabis. Illinois joins in
22 this effort for the health and welfare of its citizens.
23     (d) States are not required to enforce federal law or
24 prosecute people for engaging in activities prohibited by
25 federal law. Therefore, compliance with this Act does not put
26 the state of Illinois in violation of federal law.
27     (e) State law should make a distinction between the medical
28 and non-medical use of cannabis. Hence, the purpose of this Act
29 is to protect patients with debilitating medical conditions,
30 and their practitioners and primary caregivers, from arrest and
31 prosecution, criminal and other penalties, and property
32 forfeiture if such patients engage in the medical use of

 

 

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1 cannabis.
2     (f) The people of the State of Illinois declare that they
3 enact this Act pursuant to the police power to protect the
4 health of its citizens that is reserved to the State of
5 Illinois and its people under the Tenth Amendment to the United
6 States Constitution.
 
7     Section 10. Definitions. The following terms, as used in
8 this Act, shall have the meanings set forth in this Section:
9     "Debilitating medical condition" means:
10         (1) cancer, glaucoma, positive status for human
11     immunodeficiency virus, acquired immune deficiency
12     syndrome, or Hepatitis C;
13         (2) a chronic or debilitating disease or medical
14     condition that produces one or more of the following:
15     cachexia or wasting syndrome; severe or chronic pain;
16     severe nausea; seizures, including but not limited to those
17     characteristic of epilepsy; or severe and persistent
18     muscle spasms, including but not limited to those
19     characteristic of multiple sclerosis and Crohn's disease;
20     agitation of Alzheimer's disease; or
21         (3) any other medical condition approved by the
22     Department, as provided for in subsection (a) of Section
23     20.
24     "Department" means the Department of Human Services.
25     "Cannabis" has the meaning given that term in Section 3 of
26 the Cannabis Control Act.
27     "Medical use" means the acquisition, possession,
28 cultivation, manufacture, use, delivery, transfer, or
29 transportation of cannabis or paraphernalia relating to the
30 consumption of cannabis to alleviate a registered qualifying
31 patient's debilitating medical condition or symptoms
32 associated with the medical condition.
33     "Practitioner" means a physician licensed to practice
34 medicine in all its branches, an advanced practice nurse who
35 has a written collaborative agreement with the physician that

 

 

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1 authorizes the provision of written certifications under this
2 Act, or a physician assistant who has been delegated the
3 authority to provide written certifications under this Act.
4     "Primary caregiver" means a person who is at least 18 years
5 old and who has agreed to assist with a person's medical use of
6 cannabis. A primary caregiver may assist no more than 5
7 qualifying patients with their medical use of cannabis.
8     "Qualifying patient" means a person who has been diagnosed
9 by a practitioner as having a debilitating medical condition.
10     "Registry identification card" means a document issued by
11 the Department that identifies a person as a qualifying patient
12 or primary caregiver.
13     "Usable cannabis" means the dried leaves and flowers of the
14 cannabis plant, and any mixture or preparation thereof, but
15 does not include the seeds, stalks, and roots of the plant.
16     "Written certification" means the qualifying patient's
17 medical records, or a statement signed by a practitioner,
18 stating that in the practitioner's professional opinion the
19 potential benefits of the medical use of cannabis would likely
20 outweigh the health risks for the qualifying patient. A written
21 certification shall only be made in the course of a bona fide
22 practitioner-patient relationship after the practitioner has
23 completed a full assessment of the qualifying patient's medical
24 history. The written certification shall specify the
25 qualifying patient's debilitating medical condition or
26 conditions.
 
27     Section 15. Protections for the medical use of cannabis.
28     (a) A qualifying patient who has in his or her possession a
29 registry identification card shall not be subject to arrest,
30 prosecution, or penalty in any manner, or denied any right or
31 privilege, including but not limited to civil penalty or
32 disciplinary action by a business or occupational or
33 professional licensing board or bureau, for the medical use of
34 cannabis, provided that the qualifying patient possesses an
35 amount of cannabis that does not exceed 12 cannabis plants and

 

 

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1 two and one-half ounces of usable cannabis.
2     (b) A primary caregiver who has in his or her possession a
3 registry identification card shall not be subject to arrest,
4 prosecution, or penalty in any manner, or denied any right or
5 privilege, including but not limited to civil penalty or
6 disciplinary action by a business or occupational or
7 professional licensing board or bureau, for assisting a
8 qualifying patient to whom he or she is connected through the
9 Department's registration process with the medical use of
10 cannabis, provided that the primary caregiver possesses an
11 amount of cannabis that does not exceed 12 cannabis plants and
12 two and one-half ounces of usable cannabis for each qualifying
13 patient to whom he or she is connected through the Department's
14 registration process.
15     (c) No school, employer, or landlord may refuse to enroll,
16 employ, lease to, or otherwise penalize a person solely for his
17 or her status as a registered qualifying patient or a
18 registered primary caregiver.
19     (d) There shall exist a presumption that a qualifying
20 patient or primary caregiver is engaged in the medical use of
21 cannabis if the qualifying patient or primary caregiver:
22         (1) is in possession of a registry identification card;
23     and
24         (2) is in possession of an amount of cannabis that does
25     not exceed the amount permitted under this Act. Such
26     presumption may be rebutted by evidence that conduct
27     related to cannabis was not for the purpose of alleviating
28     the qualifying patient's debilitating medical condition or
29     symptoms associated with the medical condition.
30     (e) A primary caregiver may receive reimbursement for costs
31 associated with assisting with a registered qualifying
32 patient's medical use of cannabis. Compensation shall not
33 constitute sale of controlled substances.
34     (f) A practitioner shall not be subject to arrest,
35 prosecution, or penalty in any manner, or denied any right or
36 privilege, including but not limited to civil penalty or

 

 

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1 disciplinary action by the Medical Disciplinary Board or by a
2 another business or occupational or professional licensing
3 board or bureau solely for providing written certifications or
4 for otherwise stating that, in the practitioner's professional
5 opinion, the potential benefits of the medical cannabis would
6 likely outweigh the health risks for a patient.
7     Any interest in or right to property that is possessed,
8 owned, or used in connection with the medical use of cannabis,
9 or acts incidental to such use, shall not be forfeited.
10     A law enforcement agency that seizes and does not return
11 usable cannabis to a registered qualifying patient or a
12 registered primary caregiver shall be liable to the cardholder
13 for the fair market value of the cannabis.
14     (g) No person shall be subject to arrest or prosecution for
15 constructive possession, conspiracy, aiding and abetting,
16 being an accessory, or any other offense for simply being in
17 the presence or vicinity of the medical use of cannabis as
18 permitted under this Act or for assisting a registered
19 qualifying patient with using or administering cannabis.
20     (h) A registry identification card, or its equivalent,
21 issued under the laws of another state, U.S. territory, or the
22 District of Columbia to permit the medical use of cannabis by a
23 qualifying patient, or to permit a person to assist with a
24 qualifying patient's medical use of cannabis, shall have the
25 same force and effect as a registry identification card issued
26 by the Department.
 
27     Section 20. Department to adopt rules.
28     (a) Not later than 90 days after the effective date of this
29 Act, the Department shall adopt rules governing the manner in
30 which it shall consider petitions from the public to add
31 debilitating medical conditions to those included in this Act.
32 In considering such petitions, the Department shall include
33 public notice of, and an opportunity to comment in a public
34 hearing upon, such petitions. The Department shall, after
35 hearing, approve or deny such petitions within 180 days after

 

 

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1 submission. The approval or denial of such a petition shall be
2 considered a final Department action, subject to judicial
3 review. Jurisdiction and venue for judicial review are vested
4 in the circuit court. The denial of a petition shall not
5 disqualify qualifying patients with that condition if they have
6 a debilitating medical condition. The denial of a petition
7 shall not prevent a person with the denied condition from
8 raising an affirmative defense.
9     (b) Not later than 90 days after the effective date of this
10 Act, the Department shall adopt rules governing the manner in
11 which it shall consider applications for and renewals of
12 registry identification cards for qualifying patients and
13 primary caregivers. The Department's rules shall establish
14 application and renewal fees that generate revenues sufficient
15 to offset all expenses of implementing and administering this
16 Act. The Department may vary the application and renewal fees
17 along a sliding scale that accounts for a qualifying patient's
18 income. The Department may accept donations from private
19 sources in order to reduce the application and renewal fees.
 
20     Section 25. Administering the Department's rules.
21     (a) The Department shall issue registry identification
22 cards to qualifying patients who submit the following, in
23 accordance with the Department's rules:
24         (1) written certification;
25         (2) application or renewal fee;
26         (3) name, address, and date of birth of the qualifying
27     patient, except that if the applicant is homeless, no
28     address is required;
29         (4) name, address, and telephone number of the
30     qualifying patient's practitioner; and
31         (5) name, address, and date of birth of each primary
32     caregiver of qualifying patient, if any.
33     (b) The Department shall not issue a registry
34 identification card to a qualifying patient under the age of 18
35 unless:

 

 

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1         (1) The qualifying patient's practitioner has
2     explained the potential risks and benefits of the medical
3     use of cannabis to the qualifying patient and to a parent,
4     guardian, or person having legal custody of the qualifying
5     patient; and
6         (2) A parent, guardian, or person having legal custody
7     consents in writing to:
8             (A) allow the qualifying patient's medical use of
9         cannabis;
10             (B) serve as one of the qualifying patient's
11         primary caregivers; and
12             (C) control the acquisition of the cannabis, the
13         dosage, and the frequency of the medical use of
14         cannabis by the qualifying patient.
15     (c) The Department shall verify the information contained
16 in an application or renewal submitted pursuant to this
17 Section, and shall approve or deny an application or renewal
18 within 15 days of receiving it. The Department may deny an
19 application or renewal only if the applicant did not provide
20 the information required pursuant to this Section, or if the
21 Department determines that the information provided was
22 falsified. Rejection of an application or renewal is considered
23 a final Department action, subject to judicial review under the
24 Administrative Review Law. Jurisdiction and venue for judicial
25 review are vested in the circuit court.
26     (d) The Department shall issue a registry identification
27 card to each primary caregiver, if any, who is named in a
28 qualifying patient's approved application, up to a maximum of 2
29 primary caregivers per qualifying patient.
30     (e) The Department shall issue registry identification
31 cards within 5 days of approving an application or renewal,
32 which shall expire one year after the date of issuance.
33 Registry identification cards shall contain:
34         (1) the name, address, and date of birth of the
35     qualifying patient;
36         (2) the name, address, and date of birth of each

 

 

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1     primary caregiver of the qualifying patient, if any;
2         (3) the date of issuance and expiration date of the
3     registry identification card;
4         (4) a random registry identification number; and
5         (5) a photograph, if the Department decides to require
6     one.
7         (f)(1) A qualifying patient who has been issued a
8     registry identification card shall notify the Department
9     of any change in the qualifying patient's name, address, or
10     primary caregiver, or if the qualifying patient ceases to
11     have his or her debilitating medical condition, within 10
12     days of such change.
13         (2) A registered qualifying patient who fails to notify
14     the Department of any of these changes is responsible for a
15     civil infraction, punishable by a fine of no more than
16     $150. If the person has ceased to suffer from a
17     debilitating medical condition, the card shall be deemed
18     null and void and the person shall be liable for any other
19     penalties that may apply to the person's non-medical use of
20     cannabis.
21         (3) A registered primary caregiver shall notify the
22     Department of any change in his or her name or address
23     within 10 days of such change. A primary caregiver who
24     fails to notify the Department of any of these changes is
25     responsible for a civil infraction, punishable by a fine of
26     no more than $150.
27         (4) When a qualifying patient or primary caregiver
28     notifies the Department of any changes listed in this
29     subsection (f), the Department shall issue the registered
30     qualifying patient and each primary caregiver a new
31     registry identification card within 10 days of receiving
32     the updated information and a $10 fee.
33         (5) When a qualifying patient who possesses a registry
34     identification card changes his or her primary caregiver,
35     the Department shall notify the primary caregiver within 10
36     days. The primary caregiver's protections as provided in

 

 

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1     this Act shall expire 10 days after notification by the
2     Department.
3         (6) If a registered qualifying patient or a primary
4     caregiver loses his or her registry identification card, he
5     or she shall notify the Department and submit a $10 fee
6     within 10 days of losing the card. Within 5 days, the
7     Department shall issue a new registry identification card
8     with a new random identification number.
9     (g) Possession of, or application for, a registry
10 identification card does not constitute probable cause or
11 reasonable suspicion, nor may it be used to support the search
12 of the person or property of the person possessing or applying
13 for the registry identification card, or otherwise subject the
14 person or property of the person to inspection by any
15 governmental agency.
16         (h)(1) Applications and supporting information
17     submitted by qualifying patients, including information
18     regarding their primary caregivers and practitioners, are
19     confidential.
20         (2) The Department shall maintain a confidential list
21     of the persons to whom the Department has issued registry
22     identification cards. Individual names and other
23     identifying information on the list shall be confidential,
24     exempt from the Freedom of Information Act, and not subject
25     to disclosure, except to authorized employees of the
26     Department as necessary to perform official duties of the
27     Department.
28         (3) The Department shall verify to law enforcement
29     personnel whether a registry identification card is valid
30     solely by confirming the random registry identification
31     number.
32         (4) It is a Class B misdemeanor for any person,
33     including an employee or official of the Department or
34     another State agency or local government, to breach the
35     confidentiality of information obtained pursuant to this
36     Act. Notwithstanding this provision, the Department

 

 

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1     employees may notify law enforcement about falsified or
2     fraudulent information submitted to the Department.
3     (i) The Department shall report annually to the General
4 Assembly on the number of applications for registry
5 identification cards, the number of qualifying patients and
6 primary caregivers approved, the nature of the debilitating
7 medical conditions of the qualifying patients, the number of
8 registry identification cards revoked, and the number of
9 practitioners providing written certification for qualifying
10 patients. The Department shall not provide any identifying
11 information of qualifying patients, primary caregivers, or
12 practitioners.
13     (j) Any State or local law enforcement official who
14 knowingly cooperates with federal law enforcement agents to
15 arrest, investigate, prosecute, or search a registered
16 qualifying patient or a registered primary caregiver or his or
17 her property for acting in compliance with this Act shall have
18 his or her employment suspended or terminated.
 
19     Section 30. Scope of Act.
20     (a) This Act does not permit:
21         (1) any person to undertake any task under the
22     influence of cannabis, when doing so would constitute
23     negligence or professional malpractice;
24         (2) the smoking of cannabis:
25             (A) in a school bus or other form of public
26         transportation;
27             (B) on any school grounds;
28             (C) in any correctional facility; or
29             (D) in any public place; and
30         (3) any person to operate, navigate, or be in actual
31     physical control of any motor vehicle, aircraft, or
32     motorboat while under the influence of cannabis. However, a
33     registered qualifying patient may not be considered to be
34     under the influence solely for having cannabis metabolites
35     in his or her system.

 

 

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1     (b) Nothing in this Act shall be construed to require:
2         (1) a government medical assistance program or private
3     health insurer to reimburse a person for costs associated
4     with the medical use of cannabis; or
5         (2) an employer to accommodate the medical use of
6     cannabis in any workplace.
7     (c) Fraudulent representation to a law enforcement
8 official of any fact or circumstance relating to the medical
9 use of cannabis to avoid arrest or prosecution is a petty
10 offense punishable by a fine of $500, in addition to any other
11 penalties that may apply for making a false statement and for
12 the non-medical use of cannabis.
 
13     Section 35. Affirmative defense and dismissal for medical
14 cannabis.
15     (a) Except as provided in Section 30, a person and a
16 person's primary caregiver, if any, may assert the medical
17 purpose for using cannabis as a defense to any prosecution
18 involving cannabis, and such defense shall be presumed valid
19 where the evidence shows that:
20         (1) the person's medical records indicate, or a
21     practitioner has stated that, in the practitioner's
22     professional opinion, after having completed a full
23     assessment of the person's medical history and current
24     medical condition made in the course of a bona fide
25     practitioner-patient relationship, the potential benefits
26     of using cannabis for medical purposes would likely
27     outweigh the health risks for the person; and
28         (2) the person and the person's primary caregiver, if
29     any, were collectively in possession of a quantity of
30     cannabis that was not more than was reasonably necessary to
31     ensure the uninterrupted availability of cannabis for the
32     purpose of alleviating the person's medical condition or
33     symptoms associated with the medical condition.
34     (b) A person may assert the medical purpose for using
35 cannabis in a motion to dismiss, and the charges shall be

 

 

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1 dismissed following an evidentiary hearing where the defendant
2 shows the elements listed in subsection (a) of this Section.
3     (c) Any interest in or right to property that was
4 possessed, owned, or used in connection with a person's use of
5 cannabis for medical purposes shall not be forfeited if the
6 person or the person's primary caregiver demonstrates the
7 person's medical purpose for using cannabis pursuant to this
8 Section.
 
9     Section 40. Enforcement of this Act.
10     (a) If the Department fails to adopt rules to implement
11 this Act within 120 days after the effective date of this Act,
12 a qualifying patient may commence an action in a court of
13 competent jurisdiction to compel the Department to perform the
14 actions mandated pursuant to the provisions of this Act.
15     (b) If the Department fails to issue a valid registry
16 identification card in response to a valid application
17 submitted pursuant to this Act within 20 days of its
18 submission, the registry identification card shall be deemed
19 granted and a copy of the registry identification application
20 shall be deemed a valid registry identification card.
 
21     Section 45. Non-profit dispensaries.
22     (a) "Registered organization" means a non-profit entity
23 registered with the State under this Act that acquires,
24 possesses, cultivates, manufactures, delivers, transfers,
25 transports, supplies, or dispenses cannabis, cultivation
26 equipment, related supplies and educational materials, or
27 cannabis seeds to registered qualifying patients and their
28 primary caregivers. A registered organization is a primary
29 caregiver, although it may supply cannabis to any number of
30 registered qualifying patients who have designated it as one of
31 their primary caregivers.
32         (b)(1) The Department shall issue a registered
33     organization license within 20 days to any person who
34     complies with Department rules and provides the following:

 

 

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1             (A) a fee paid to the Department in the amount
2         established by the Department, which shall not exceed
3         $1,000;
4             (B) the name of the registered organization;
5             (C) the physical addresses of the registered
6         organization and any other real property where
7         cannabis is to be possessed, cultivated, manufactured,
8         supplied, or dispensed relating to the operations of
9         the registered organization; and
10             (D) the name, address, and date of birth of any
11         person who is an agent of or employed by the registered
12         organization.
13         (2) The Department shall issue each agent and employee
14     of a registered organization a registry identification
15     card for a cost of $10 each within 10 days of receipt of
16     the person's identifying information and the fee. Each card
17     shall specify that the cardholder is an employee or agent
18     of a registered organization.
19         (3) Each license for a registered organization and each
20     employee or agent registry identification card shall
21     expire one year after the date of issuance.
22         (4) Not later than 90 days after the effective date of
23     this Act, the Department shall promulgate rules to
24     implement this Section, including the following:
25             (A) procedures for the oversight of registered
26         organizations, record-keeping and reporting
27         requirements for registered organizations, the
28         potential transference or sale of seized cultivation
29         equipment and related supplies from law enforcement
30         agencies to registered organizations, and procedures
31         for suspending or terminating the registration of
32         registered organizations; and
33             (B) the form and content of the registration and
34         renewal applications.
35     (c) Registered organizations shall be subject to
36 reasonable inspection by the Department to determine that

 

 

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1 applicable rules are being followed. Reasonable notice shall be
2 given prior to these inspections.
3         (d) (1) Registered organizations shall be established
4     as nonprofit entities. They shall be subject to all
5     applicable State laws governing nonprofit entities, but
6     need not be recognized as a 501(c)(3) organization by the
7     Internal Revenue Service;
8         (2) Registered organizations may not be located within
9     500 feet of the property line of a public school, private
10     school, or structure used primarily for religious services
11     or worship.
12         (3) The operating documents of a registered
13     organization shall include procedures for the oversight of
14     the registered organization and procedures to ensure
15     adequate record-keeping.
16         (e)(1) A registered organization shall notify the
17     Department within 10 days of when an employee or agent
18     ceases to work at the registered organization.
19         (2) The registered organization shall notify the
20     Department before a new agent or employee begins working at
21     the registered organization, in writing, and it shall
22     submit a $10 fee for that person's registry identification
23     card.
24         (f)(1) No registered organization shall be subject to
25     prosecution, search, seizure, or penalty in any manner, or
26     denied any right or privilege, including but not limited to
27     civil penalty or disciplinary action by a business or
28     occupational or professional licensing board or bureau for
29     acting in accordance with this Act and the rules issued
30     pursuant to this Act to assist registered qualifying
31     patients to whom it is connected through the Department's
32     registration process with the medical use of cannabis,
33     provided that the registered organization possesses an
34     amount of cannabis which does not exceed 12 cannabis plants
35     and two and one-half ounces of usable cannabis for each
36     registered qualifying patient.

 

 

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1         (2) No employees, agents, or board members of a
2     registered organization shall be subject to arrest,
3     prosecution, search, seizure, or penalty in any manner, or
4     denied any right or privilege, including but not limited to
5     civil penalty or disciplinary action by a business or
6     occupational or professional licensing board or bureau for
7     working for a registered organization in accordance with
8     this Act.
9     (g) The registered organization is prohibited from:
10         (1) obtaining cannabis from outside the State in
11     violation of federal law;
12         (2) acquiring, possessing, cultivating, manufacturing,
13     delivering, transferring, transporting, supplying, or
14     dispensing cannabis for any purpose except to assist
15     registered qualifying patients with their medical use of
16     cannabis directly or through the qualifying patients'
17     other primary caregivers.
18     (h) Except as provided in this Act, a municipality may not
19 prevent a registered organization from operating in accordance
20 with this Act in an area where zoning permits retail
21 businesses. This subsection (h) is a limitation under
22 subsection (i) of Section 6 of Article VII of the Illinois
23 Constitution on the concurrent exercise by home rule units of
24 powers and functions exercised by the State.
25     (i) If provisions of this Act establishing registered
26 organization are enjoined or declared unconstitutional, then
27 enforcing laws against delivery of cannabis for consideration
28 to registered qualifying patients shall be the lowest priority
29 of law enforcement.
 
30     Section 50. Application. In the event of a conflict between
31 this Act and the Cannabis Control Act, the provisions of this
32 Act shall control.
 
33     Section 105. The Cannabis Control Act is amended by
34 changing Section 11 as follows:
 

 

 

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1     (720 ILCS 550/11)  (from Ch. 56 1/2, par. 711)
2     Sec. 11. Authorization for use of cannabis for medical
3 purposes.
4     The Department may authorize the possession, production,
5 manufacture, and delivery of substances containing cannabis in
6 accordance with the Medical Cannabis Act.
7 (a) The Department, with the written approval of the Department
8 of State Police, may authorize the possession, production,
9 manufacture and delivery of substances containing cannabis by
10 persons engaged in research and when such authorization is
11 requested by a physician licensed to practice medicine in all
12 its branches, such authorization shall issue without
13 unnecessary delay where the Department finds that such
14 physician licensed to practice medicine in all its branches has
15 certified that such possession, production, manufacture or
16 delivery of such substance is necessary for the treatment of
17 glaucoma, the side effects of chemotherapy or radiation therapy
18 in cancer patients or such other procedure certified to be
19 medically necessary; such authorization shall be, upon such
20 terms and conditions as may be consistent with the public
21 health and safety. To the extent of the applicable
22 authorization, persons are exempt from prosecution in this
23 State for possession, production, manufacture or delivery of
24 cannabis.
25     (b) Persons registered under Federal law to conduct
26 research with cannabis may conduct research with cannabis
27 including, but not limited to treatment by a physician licensed
28 to practice medicine in all its branches for glaucoma, the side
29 effects of chemotherapy or radiation therapy in cancer patients
30 or such other procedure which is medically necessary within
31 this State upon furnishing evidence of that Federal
32 registration and notification of the scope and purpose of such
33 research to the Department and to the Department of State
34 Police of that Federal registration.
35     (c) Persons authorized to engage in research may be

 

 

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1 authorized by the Department to protect the privacy of
2 individuals who are the subjects of such research by
3 withholding from all persons not connected with the conduct of
4 the research the names and other identifying characteristics of
5 such individuals. Persons who are given this authorization
6 shall not be compelled in any civil, criminal, administrative,
7 legislative or other proceeding to identify the individuals who
8 are the subjects of research for which the authorization was
9 granted, except to the extent necessary to permit the
10 Department to determine whether the research is being conducted
11 in accordance with the authorization.
12 (Source: P.A. 84-25.)
 
13     Section 110. Severability. The provisions of this Act are
14 severable under Section 1.31 of the Statute on Statutes.
 
15     Section 999. Effective date. This Act takes effect upon
16 becoming law.