97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1548

 

Introduced 2/9/2011, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 550/11 rep.
720 ILCS 550/15 rep.

    Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Department of Public Health shall issue a registry identification card to a qualified patient with a debilitating medical condition that allows the patient to possess no more than 2 ounces of dried usable cannabis and 6 cannabis plants, no more than 3 of which can be mature cannabis plants. Provides for the registration by the Department of Public Health of medical cannabis organizations to dispense cannabis to qualified patients and caregivers. Contains provisions regarding: prohibitions and penalties; discrimination; addition of debilitating conditions or treatments; determinations; notifications; registration of compassion centers and safety compliance facilities; confidentiality; verification; reports; rules; educational materials; enforcement; and other matters. Provides that the Act is repealed 3 years after its effective date. Amends the Cannabis Control Act to repeal provisions relating to research with cannabis. Contains a severability provision.


LRB097 09494 RLC 49631 b

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

 

 

A BILL FOR

 

SB1548LRB097 09494 RLC 49631 b

1    AN ACT concerning cannabis.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Compassionate Use of Medical Cannabis Pilot Program Act.
 
6    Section 5. Findings.
7    (a) The recorded use of cannabis as a medicine goes back
8nearly 5,000 years. Modern medical research has confirmed the
9beneficial uses of cannabis in treating or alleviating the
10pain, nausea, and other symptoms associated with a variety of
11debilitating medical conditions, including cancer, multiple
12sclerosis, and HIV/AIDS, as found by the National Academy of
13Sciences' Institute of Medicine in March 1999.
14    (b) Studies published since the 1999 Institute of Medicine
15report continue to show the therapeutic value of cannabis in
16treating a wide array of debilitating medical conditions. These
17include relief of the neuropathic pain caused by multiple
18sclerosis, HIV/AIDS, and other illnesses that often fail to
19respond to conventional treatments and relief of nausea,
20vomiting, and other side effects of drugs used to treat
21HIV/AIDS and hepatitis C, increasing the chances of patients
22continuing on life-saving treatment regimens.
23    (c) Cannabis has many currently accepted medical uses in

 

 

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1the United States, having been recommended by thousands of
2licensed physicians to at least 600,000 patients in states with
3medical cannabis laws. The medical utility of cannabis is
4recognized by a wide range of medical and public health
5organizations, including the American Academy of HIV Medicine,
6the American College of Physicians, the American Nurses
7Association, the American Public Health Association, the
8Leukemia & Lymphoma Society, and many others.
9    (d) Data from the Federal Bureau of Investigation's Uniform
10Crime Reports and the Compendium of Federal Justice Statistics
11show that approximately 99 out of every 100 cannabis arrests in
12the U.S. are made under state law, rather than under federal
13law. Consequently, changing State law will have the practical
14effect of protecting from arrest the vast majority of seriously
15ill patients who have a medical need to use cannabis.
16    (e) Alaska, Arizona, California, Colorado, Hawaii, Maine,
17Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,
18Vermont, Rhode Island, Washington State, and Washington, D.C.
19have removed state-level criminal penalties from the medical
20use and cultivation of cannabis. Illinois joins in this effort
21for the health and welfare of its citizens.
22    (f) States are not required to enforce federal law or
23prosecute people for engaging in activities prohibited by
24federal law. Therefore, compliance with this Act does not put
25the state of Illinois in violation of federal law.
26    (g) State law should make a distinction between the medical

 

 

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1and non-medical uses of cannabis. Hence, the purpose of this
2Act is to protect patients with debilitating medical
3conditions, as well as their physicians and providers, from
4arrest and prosecution, criminal and other penalties, and
5property forfeiture if such patients engage in the medical use
6of cannabis.
 
7    Section 10. Definitions. The following terms, as used in
8this Act, shall have the meanings set forth in this Section:
9    (a) "Adequate supply" means an amount of cannabis possessed
10by a qualified patient or collectively possessed by a qualified
11patient and the qualified patient's primary caregiver that is
12determined by rule of the Department to be no more than
13reasonably necessary to ensure the uninterrupted availability
14of cannabis for a period of 60 days and that is derived solely
15from an intrastate source. Until the Department determines what
16constitutes a 60-day supply of medicine, patients shall be
17presumed to be in compliance with this Act if they possess no
18more than 2 ounces of dried usable cannabis and 6 cannabis
19plants, no more than 3 of which can be mature cannabis plants.
20As used in this subsection (a), "mature cannabis plant" means a
21female cannabis plant that meets one or more of the following
22criteria: (1) has observable flowers or buds, (2) is at least
2312 inches in height, or (3) is at least 12 inches in diameter.
24    (b) "Cannabis" has the meaning given that term in Section 3
25of the Cannabis Control Act.

 

 

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1    (c) "Cardholder" means a qualifying patient or a designated
2caregiver who has been issued and possesses a valid registry
3identification card.
4    (d) "Debilitating medical condition" means one or more of
5the following:
6        (1) cancer, glaucoma, positive status for human
7    immunodeficiency virus, acquired immune deficiency
8    syndrome, hepatitis C, amyotrophic lateral sclerosis,
9    Crohn's disease, agitation of Alzheimer's disease, or the
10    treatment of these conditions;
11        (2) a chronic or debilitating disease or medical
12    condition or its treatment that produces one or more of the
13    following: cachexia or wasting syndrome; seizures,
14    including but not limited to those characteristic of
15    epilepsy; or severe and persistent muscle spasms,
16    including but not limited to those characteristic of
17    multiple sclerosis;
18        (3) a debilitating disease or medical condition or its
19    treatment that produces intractable pain, which is severe,
20    debilitating pain that did not respond to other reasonable
21    medical efforts for a reasonable period of time, including
22    cases where other treatment options produced serious side
23    effects;
24        (4) a debilitating disease or medical condition or its
25    treatment that produces severe, debilitating nausea that
26    did not respond to other reasonable medical efforts for a

 

 

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1    reasonable period of time, including cases where other
2    treatment options produced serious side effects; or
3        (5) any other debilitating medical condition or its
4    treatment added by the Department, as provided for in
5    subsection (a) of Section 10.
6    (e) "Department" means the Department of Public Health or
7its successor agency.
8    (f) "Designated caregiver" means a person who:
9        (1) is at least 21 years of age;
10        (2) has agreed to assist with a patient's medical use
11    of cannabis;
12        (3) has not been convicted of an excluded offense; and
13        (4) assists no more than one qualifying patient with
14    their medical use of cannabis.
15    (g) "Enclosed, locked facility" means a closet, room,
16greenhouse, building, or other enclosed area equipped with
17locks or other security devices that permit access only by the
18cardholder allowed to cultivate the plants or, in the case of a
19registered medical cannabis organization, the medical cannabis
20organization agents working for the registered medical
21cannabis organization.
22    (h) "Excluded offense" means:
23        (1) a violent crime defined in Section 3 of the Rights
24    of Crime Victims and Witnesses Act, that was classified as
25    a felony in the jurisdiction where the person was
26    convicted; or

 

 

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1        (2) a violation of a state or federal controlled
2    substance law that was classified as a felony in the
3    jurisdiction where the person was convicted, except that
4    the Department shall waive this restriction if the person
5    demonstrates to the Department's satisfaction that his or
6    her conviction was for the possession, cultivation,
7    transfer, or delivery of a reasonable amount of cannabis
8    intended for medical use. This exception shall not apply if
9    the conviction was under State law and involved a violation
10    of an existing medical cannabis law.
11    (i) "Medical cannabis organization agent" means a
12principal officer, board member, employee, or agent of a
13registered medical cannabis organization who is 21 years of age
14or older and has not been convicted of an excluded offense.
15    (j) "Medical use" means the acquisition; administration;
16cultivation; or manufacture in an enclosed, locked facility;
17delivery; possession; transportation; transfer;
18transportation; or use of cannabis or paraphernalia relating to
19the administration of cannabis to treat or alleviate a
20registered qualifying patient's debilitating medical condition
21or symptoms associated with the patient's debilitating medical
22condition. It does not include cultivation by a visiting
23qualifying patient or cultivation by a registered designated
24caregiver or registered qualifying patient who is not
25designated as being allowed to cultivate.
26    (k) "Physician" means a doctor of medicine or doctor of

 

 

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1osteopathy licensed under the Medical Practice Act of 1987 to
2practice medicine in all its branches who has the authority to
3prescribe drugs to humans under Article III of the Illinois
4Controlled Substances Act. It does not include a dentist. In
5relation to a visiting qualifying patient, "physician" means a
6person who is licensed with authority to prescribe drugs to
7humans in the state of the patient's residence.
8    (l) "Qualifying patient" means a person who has been
9diagnosed by a physician as having a debilitating medical
10condition.
11    (m) "Registered medical cannabis organization" means an
12entity registered pursuant to Section 65 that acquires,
13possesses, cultivates, manufactures, delivers, transfers,
14transports, sells, supplies, or dispenses cannabis,
15paraphernalia, or related supplies and educational materials
16to registered qualifying patients.
17    (n) "Registered safety compliance facility" means an
18entity registered under Section 70 by the Department to provide
19one or more of the following services:
20        (1) testing cannabis produced for medical use for
21    potency and contaminants; and
22        (2) training cardholders and prospective medical
23    cannabis organization agents. The training may include,
24    but need not be limited to, information related to one or
25    more of the following:
26            (A) the safe and efficient cultivation,

 

 

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1        harvesting, packaging, labeling, and distribution of
2        cannabis;
3            (B) security and inventory accountability
4        procedures; and
5            (C) up-to-date scientific and medical research
6        findings related to medical cannabis.
7    (o) "Registry identification card" means a document issued
8by the Department that identifies a person as a registered
9qualifying patient or registered designated caregiver.
10    (p) "Safety compliance facility agent" means a principal
11officer, board member, employee, or agent of a registered
12safety compliance facility who is 21 years of age or older and
13has not been convicted of an excluded offense.
14    (q) "Usable cannabis" means the flowers of the cannabis
15plant and any mixture or preparation thereof, but does not
16include the seeds, stalks, and roots of the plant. It does not
17include the weight of any non-cannabis ingredients combined
18with cannabis, such as ingredients added to prepare a topical
19administration, food, or drink.
20    (r) "Verification system" means a phone or Web-based system
21established and maintained by the Department that is available
22to law enforcement personnel and medical cannabis organization
23agents on a 24-hour basis for verification of registry
24identification cards.
25    (s) "Visiting qualifying patient" means a person who:
26        (1) has been diagnosed with a debilitating medical

 

 

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1    condition;
2        (2) possesses a valid registry identification card, or
3    its equivalent, that was issued pursuant to the laws of
4    another state, district, territory, commonwealth, insular
5    possession of the United States, or country recognized by
6    the United States that allows the person to use cannabis
7    for medical purposes in the jurisdiction of issuance; and
8        (3) is not a resident of Illinois and has been visiting
9    Illinois for 30 days or less or who has been a resident of
10    Illinois for less than 30 days.
11    (t) "Written certification" means a document dated and
12signed by a physician, stating (1) that in the physician's
13professional opinion the patient is likely to receive
14therapeutic or palliative benefit from the medical use of
15cannabis to treat or alleviate the patient's debilitating
16medical condition or symptoms associated with the debilitating
17medical condition; (2) that the qualifying patient has a
18debilitating medical condition and specifying what
19debilitating medical condition the qualifying patient has; and
20(3) that the patient is under the physician's care for the
21debilitating medical condition. A written certification shall
22be made only in the course of a bona fide physician-patient
23relationship, after the physician has completed an assessment
24of the qualifying patient's medical history and a physical
25exam.
 

 

 

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1    Section 15. Protections for the medical use of cannabis.
2    (a) A registered qualifying patient shall not be subject to
3arrest, prosecution, or denial of any right or privilege,
4including but not limited to civil penalty or disciplinary
5action by an occupational or professional licensing board or
6bureau, for the medical use of cannabis in accordance with this
7Act, if the registered qualifying patient possesses an amount
8of cannabis that does not exceed an "adequate supply" as
9defined in subsection (a) of Section 10 of this Act of usable
10cannabis.
11    (b) A registered designated caregiver shall not be subject
12to arrest, prosecution, or denial of any right or privilege,
13including but not limited to civil penalty or disciplinary
14action by an occupational or professional licensing board or
15bureau, for acting in accordance with this Act to assist a
16registered qualifying patient to whom he or she is connected
17through the Department's registration process with the medical
18use of cannabis if the designated caregiver possesses an amount
19of cannabis that does not exceed an "adequate supply" as
20defined in subsection (a) of Section 10 of this Act of usable
21cannabis. It is the intent of this provision that the total
22amount possessed between the qualifying patient and caregiver
23shall not exceed the patient's "adequate supply" as defined in
24subsection (a) of Section 10 of this Act.
25    (c) All cannabis plants possessed pursuant to this Section
26must be kept in an enclosed, locked facility, unless they are

 

 

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1being transported because the cardholder is moving, the
2registered qualifying patient has changed his or her
3designation of who can cultivate, or the plants are being given
4to someone allowed to possess them pursuant to this Act.
5    (d)(1) A visiting qualifying patient shall not be subject
6to arrest, prosecution, or denial of any right or privilege,
7including but not limited to civil penalty or disciplinary
8action by an occupational or professional licensing board or
9bureau, for the medical use of cannabis pursuant to this Act if
10the visiting qualifying patient does not possess more than an
11adequate supply of usable cannabis. A visiting qualifying
12patient may not cultivate cannabis.
13    (2) If a person in possession of no more than an adequate
14supply of usable cannabis claims to be a visiting qualifying
15patient, but the law enforcement agent is not able to verify
16the registry identification card or its equivalent or that the
17person has been in the State for 30 days or less, the agent may
18issue the visiting qualifying patient a summons for possession
19of cannabis. The summons shall be dismissed if the person
20demonstrates his or her status as a visiting qualifying
21patient.
22    (e) A registered qualifying patient, visiting qualifying
23patient, or registered designated caregiver shall not be
24subject to arrest, prosecution, or denial of any right or
25privilege, including but not limited to civil penalty or
26disciplinary action by a occupational or professional

 

 

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1licensing board or bureau, for:
2        (1) possession of cannabis that is incidental to
3    medical use, but is not cannabis plants or usable cannabis
4    as defined in this Act, such as seeds or stalks;
5        (2) selling, transferring, or delivering cannabis
6    seeds produced by the registered qualifying patient,
7    visiting qualifying patient, or registered designated
8    caregiver to a registered medical cannabis organization,
9    as long as the person transferring the seeds was allowed to
10    cultivate cannabis plants under State law;
11        (3) transferring an amount of cannabis that is no
12    greater than an adequate supply, as defined in subsection
13    (a) of Section 10 to a registered safety compliance
14    facility for testing; or
15        (4) giving cannabis to a registered qualifying
16    patient, a registered medical cannabis organization, or a
17    registered designated caregiver for a registered
18    qualifying patient's medical use where nothing of value is
19    transferred in return, or for offering to do the same, if
20    the person giving the cannabis does not knowingly cause the
21    recipient to possess more cannabis than is permitted by
22    this Section.
23    (f)(1) There shall be a presumption that a qualifying
24patient is engaged in, or a designated caregiver is assisting
25with, the medical use of cannabis in accordance with this Act
26if the qualifying patient or designated caregiver:

 

 

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1        (A) is in possession of a valid registry identification
2    card; and
3        (B) is in possession of an amount of cannabis that does
4    not exceed the amount allowed under subsection (a) of
5    Section 10.
6    (2) The presumption may be rebutted by evidence that
7conduct related to cannabis was not for the purpose of treating
8or alleviating the qualifying patient's debilitating medical
9condition or symptoms associated with the debilitating medical
10condition in compliance with this Act.
11    (g) A physician shall not be subject to arrest,
12prosecution, or penalty in any manner, or denied any right or
13privilege, including but not limited to civil penalty or
14disciplinary action by the Medical Disciplinary Board or by any
15other occupational or professional licensing board or bureau,
16solely for providing written certifications or for otherwise
17stating that, in the physician's professional opinion, a
18patient is likely to receive therapeutic or palliative benefit
19from the medical use of cannabis to treat or alleviate the
20patient's debilitating medical condition or symptoms
21associated with the debilitating medical condition, provided
22that nothing shall prevent a professional licensing board from
23sanctioning a physician for:
24        (1) issuing a written certification to a patient who is
25    not under the physician's care for a debilitating medical
26    condition, or

 

 

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1        (2) failing to properly evaluate a patient's medical
2    condition or otherwise violating the standard of care for
3    evaluating medical conditions.
4    (h) No person may be subject to arrest, prosecution, or
5denial of any right or privilege, including but not limited to
6civil penalty or disciplinary action by an occupational or
7professional licensing board or bureau, solely for:
8        (1) selling cannabis paraphernalia to a cardholder
9    upon presentation of an unexpired registry identification
10    card in the recipient's name or to a medical cannabis
11    organization agent or safety compliance facility agent
12    upon presentation of an unexpired copy of the entity's
13    registration certificate;
14        (2) being in the presence or vicinity of the medical
15    use of cannabis as allowed under this Act; or
16        (3) assisting a registered qualifying patient with the
17    act of administering cannabis. By way of illustration and
18    not limitation, this includes by loading or lighting a
19    vaporizer for a qualifying patient.
20    (i) A registered medical cannabis organization shall not be
21subject to prosecution; search or inspection, except by the
22Department pursuant to subsection (r) of Section 90; seizure;
23or penalty in any manner, or be denied any right or privilege,
24including but not limited to civil penalty or disciplinary
25action by a business licensing board or entity, for:
26        (1) acting pursuant to this Act and Department rules

 

 

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1    to: acquire, possess, cultivate, manufacture, deliver,
2    transfer, transport, supply, sell, or dispense cannabis or
3    related supplies and educational materials to registered
4    qualifying patients and visiting qualifying patients who
5    have designated the medical cannabis organization to
6    provide for them, to registered designated caregivers on
7    behalf of the registered qualifying patients who have
8    designated the registered medical cannabis organization,
9    or to other registered medical cannabis organizations; or
10        (2) acting pursuant to this Act and Department rules to
11    sell or transfer cannabis seeds to a person or entity
12    allowed to possess cannabis for patients' medical use under
13    the laws of Illinois or another state, country, territory,
14    commonwealth, district, or insular possession.
15    (j) A medical cannabis organization agent shall not be
16subject to prosecution, search, or penalty in any manner, or be
17denied any right or privilege, including but not limited to
18civil penalty or disciplinary action by a business licensing
19board or entity, for working or volunteering for a registered
20medical cannabis organization pursuant to this Act and
21Department rules, including to perform the actions listed under
22subsection (i).
23    (k) A person or entity who is allowed to possess cannabis
24for one or more patients' medical use under the laws of
25Illinois or another state, country, territory, commonwealth,
26district, or insular possession shall not be subject to arrest,

 

 

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1prosecution, or penalty in any manner, or denied any right or
2privilege, including but not limited to civil penalty or
3disciplinary action by a business or occupational or
4professional licensing board or bureau, for transferring or
5selling cannabis seeds to a registered qualifying patient,
6registered primary caregiver, or registered medical cannabis
7organization.
8    (l) A common carrier or agent of a common carrier may
9transport cannabis, cannabis seeds, and related equipment to
10persons who are exempted from criminal penalties under State
11law for possessing cannabis for one or more patients' medical
12use.
13    (m) A registered safety compliance facility and safety
14compliance facility agents acting on behalf of a registered
15safety compliance facility shall not be subject to prosecution;
16search, except by the Department pursuant to subsection (r) of
17Section 90; seizure; or penalty in any manner, or be denied any
18right or privilege, including but not limited to civil penalty
19or disciplinary action by a business or occupational or
20professional licensing board or entity, solely for acting in
21accordance with this Act and Department rules to provide the
22following services:
23        (1) acquiring or possessing cannabis obtained from
24    registered cardholders or registered medical cannabis
25    organizations;
26        (2) returning the cannabis to the same registered

 

 

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1    cardholders or registered medical cannabis organizations;
2        (3) transporting cannabis that was produced by
3    registered cardholders and registered medical cannabis
4    organizations to or from those registered cardholders and
5    registered medical cannabis organizations;
6        (4) cultivating, manufacturing, and possessing
7    cannabis for training and analytical testing;
8        (5) the production or sale of educational materials
9    related to medical cannabis;
10        (6) the production, sale, or transportation of
11    equipment or materials other than cannabis to registered
12    medical cannabis organizations or cardholders, including
13    lab equipment and packaging materials, that are used by
14    registered medical cannabis organizations and cardholders;
15        (7) testing of medical cannabis samples, including for
16    potency and contamination;
17        (8) providing training to cardholders and prospective
18    medical cannabis organization agents, provided that only
19    cardholders and persons who have proven they are medical
20    cannabis organization agents may be allowed to possess or
21    cultivate cannabis and any possession or cultivation of
22    cannabis must occur on the location registered with the
23    Department; and
24        (9) receiving compensation for actions exempted from
25    State criminal penalties under State law under this
26    Section.

 

 

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1    (n) Any cannabis, cannabis paraphernalia, licit property,
2or interest in licit property that is possessed, owned, or used
3in connection with the medical use of cannabis as allowed under
4this Act, or acts incidental to such use, shall not be seized
5or forfeited. This Act shall not prevent the seizure or
6forfeiture of cannabis exceeding the amounts allowed under this
7Act, nor shall it prevent seizure or forfeiture if the basis
8for the action is unrelated to the cannabis that is possessed,
9manufactured, transferred, or used pursuant to this Act.
10    (o) Mere possession of, or application for, a registry
11identification card or registration certificate shall not
12constitute probable cause or reasonable suspicion, nor shall it
13be used to support the search of the person, property, or home
14of the person possessing or applying for the registry
15identification card. The possession of, or application for, a
16registry identification card shall not preclude the existence
17of probable cause if probable cause exists on other grounds.
18    (p) For the purposes of Illinois State law, the consumption
19or use of medical cannabis by a registered qualifying patient
20and the medical use of cannabis by a cardholder or registered
21medical cannabis organization shall be considered lawful as
22long as it is in accordance with this Act.
 
23    Section 20. Limitations and penalty.
24    (a) This Act shall not permit any person to engage in, and
25does not prevent the imposition of any civil, criminal, or

 

 

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1other penalties for engaging in, the following conduct:
2        (1) Undertaking any task under the influence of
3    cannabis, when doing so would constitute negligence or
4    professional malpractice;
5        (2) Possessing cannabis, or otherwise engaging in the
6    medical use of cannabis:
7            (A) in a school bus;
8            (B) on the grounds of any preschool or primary or
9        secondary school; or
10            (C) in any correctional facility.
11        (3) Smoking cannabis:
12            (A) on any form of public transportation; or
13            (B) in any public place.
14        (4) Operating, navigating, or being in actual physical
15    control of any motor vehicle, aircraft, or motorboat while
16    under the influence of cannabis, except that a registered
17    qualifying patient or visiting qualifying patient shall
18    not be considered to be under the influence of cannabis
19    solely because of the presence of metabolites or components
20    of cannabis that appear in insufficient concentration to
21    cause impairment.
22        (5) Using cannabis if that person does not have a
23    debilitating medical condition.
24        (6) Allowing any person who is not allowed to use
25    cannabis under this Act to use cannabis that a cardholder
26    is allowed to possess pursuant to this Act.

 

 

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1        (7) Transferring cannabis to any person who is not
2    allowed to possess cannabis under this Act.
3    (b) Nothing in this Act shall be construed to prevent the
4arrest or prosecution of a registered qualifying patient for
5reckless driving or driving under the influence of cannabis
6where probable cause exists.
7    (c) This Act shall in no way limit an employer's ability to
8discipline an employee for ingesting cannabis in the workplace
9or for working while under the influence of cannabis. This Act
10shall in no way limit an employer's ability to discipline an
11employee for failing a drug test if failing to do so would put
12the employer in violation of federal law or cause it to lose a
13federal contract or funding.
14    (d) Fraudulent representation to a law enforcement
15official of any fact or circumstance relating to the medical
16use of cannabis to avoid arrest or prosecution is a petty
17offense punishable by a fine of up to $1,000, which shall be in
18addition to any other penalties that may apply for making a
19false statement or for the use of cannabis other than use
20undertaken pursuant to this Act.
21    (e) Any person who fraudulently represents a medical
22condition to a physician or fraudulently provides material
23misinformation to a physician in order to obtain written
24certification is guilty of a petty offense punishable by a fine
25of up to $1,000.
 

 

 

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1    Section 25. Discrimination prohibited.
2    (a)(1) No school, employer, or landlord may refuse to
3enroll or lease to, or otherwise penalize, a person solely for
4his or her status as a registered qualifying patient or a
5registered designated caregiver, unless failing to do so would
6put the school, employer, or landlord in violation of federal
7law or unless failing to do so would cause it to lose a
8monetary or licensing-related benefit under federal law or
9regulations. This shall not prevent a landlord from prohibiting
10the cultivation of cannabis on leased premises or from
11prohibiting the smoking of cannabis on the premises.
12    (2) For the purposes of medical care, including organ
13transplants, a registered qualifying patient's authorized use
14of cannabis in accordance with this Act shall be considered the
15equivalent of the authorized use of any other medication used
16at the direction of a physician, and shall not constitute the
17use of an illicit substance or otherwise disqualify a
18qualifying patient from needed medical care.
19    (b) A person otherwise entitled to custody of or visitation
20or parenting time with a minor shall not be denied such a
21right, and there shall be no presumption of neglect or child
22endangerment, for conduct allowed under this Act, unless the
23person's actions in relation to cannabis were such that they
24created an unreasonable danger to the safety of the minor as
25established by clear and convincing evidence.
26    (c) No school, landlord, or employer may be penalized or

 

 

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1denied any benefit under State law for enrolling, leasing to,
2or employing a cardholder.
 
3    Section 30. Addition of debilitating medical conditions.
4Any citizen may petition the Department to add debilitating
5conditions or treatments to the list of debilitating medical
6conditions listed in subsection (d) of Section 10. The
7Department shall consider petitions in the manner required by
8Department regulation, including public notice and hearing.
9The Department shall approve or deny a petition within 180 days
10of its submission. The approval or denial of any petition is a
11final decision of the Department, subject to judicial review.
12Jurisdiction and venue are vested in the Circuit Court.
 
13    Section 35. Acts not required; acts not prohibited.
14    (a) Nothing in this Act may be construed to require:
15        (1) a government medical assistance program or private
16    health insurer to reimburse a person for costs associated
17    with the medical use of cannabis;
18        (2) any person or establishment in lawful possession of
19    property to allow a guest, client, customer, or other
20    visitor to smoke cannabis on or in that property; or
21        (3) an employer to allow the ingestion of cannabis in
22    any workplace or to allow any employee to work while under
23    the influence of cannabis, except that a registered
24    qualifying patient shall not be considered to be under the

 

 

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1    influence of cannabis solely because of the presence of
2    metabolites or components of cannabis that appear in
3    insufficient concentration to cause impairment.
4    (b) Nothing in this Act prohibits an employer from
5disciplining an employee for ingesting cannabis in the
6workplace or working while under the influence of cannabis.
 
7    Section 40. Registration of qualifying patients and
8designated caregivers.
9    (a) The Department shall issue registry identification
10cards to qualifying patients who submit the following, in
11accordance with the Department's rules:
12        (1) a written certification, on a form developed by the
13    Department and issued by a physician, within 90 days
14    immediately preceding the date of an application;
15        (2) any documentation or information reasonably
16    required by the Department to confirm that the physician
17    and patient have a bona fide physician-patient
18    relationship, that the qualifying patient is in the
19    physician's care for his or her debilitating medical
20    condition, and to substantiate the patient's diagnosis;
21        (3) the application or renewal fee;
22        (4) the name, address, and date of birth of the
23    qualifying patient, except that if the applicant is
24    homeless no address is required;
25        (5) the name, address, and telephone number of the

 

 

SB1548- 24 -LRB097 09494 RLC 49631 b

1    qualifying patient's physician;
2        (6) the name, address, and date of birth of the
3    designated caregiver, if any, chosen by the qualifying
4    patient;
5        (7) the name of the registered medical cannabis
6    organization the qualifying patient designates, if any;
7        (8) if the qualifying patient designates a designated
8    caregiver, a designation as to whether the qualifying
9    patient or designated caregiver will be allowed under State
10    law to possess and cultivate cannabis plants for the
11    qualifying patient's medical use;
12        (9) a statement signed by the qualifying patient,
13    pledging not to divert cannabis to anyone who is not
14    allowed to possess cannabis pursuant to this Act; and
15        (10) a signed statement from the designated caregiver,
16    if any, agreeing to be designated as the patient's
17    designated caregiver and pledging not to divert cannabis to
18    anyone who is not allowed to possess cannabis pursuant to
19    this Act.
20    (b) The application for qualifying patients' registry
21identification cards shall ask whether the patient would like
22the Department to notify him or her of any clinical studies
23needing human subjects for research on the medical use of
24cannabis. The Department shall notify interested patients if it
25is notified of studies that will be conducted in the United
26States.
 

 

 

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1    Section 45. Issuance of registry identification cards.
2    (a) Except as provided in subsection (b), the Department
3shall:
4        (1) Verify the information contained in an application
5    or renewal submitted pursuant to this Act, and approve or
6    deny an application or renewal, within 20 days of receiving
7    a completed application or renewal application.
8        (2) Issue registry identification cards to a
9    qualifying patient and his or her designated caregiver, if
10    any, within 5 days of approving the application or renewal.
11        (3) Enter the registry identification number of the
12    registered medical cannabis organization the patient
13    designates into the verification system.
14    (b) The Department shall not issue a registry
15identification card to a qualifying patient who is younger than
1618 years of age unless:
17        (1) the qualifying patient's physician has explained
18    the potential risks and benefits of the medical use of
19    cannabis to the custodial parent or legal guardian with
20    responsibility for health care decisions for the
21    qualifying patient; and
22        (2) the custodial parent or legal guardian with
23    responsibility for health care decisions for the
24    qualifying patient consents in writing to:
25            (A) allow the qualifying patient's medical use of

 

 

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1        cannabis;
2            (B) serve as the qualifying patient's designated
3        caregiver; and
4            (C) control the acquisition of the cannabis, the
5        dosage, and the frequency of the medical use of
6        cannabis by the qualifying patient.
 
7    Section 50. Denial of registry identification cards.
8    (a) The Department may deny an application or renewal of a
9qualifying patient's registry identification card only if the
10applicant:
11        (1) did not provide the required information and
12    materials;
13        (2) previously had a registry identification card
14    revoked;
15        (3) did not meet the requirements of this Act; or
16        (4) provided false or falsified information.
17    (b) The Department may deny an application or renewal for a
18designated caregiver chosen by a qualifying patient whose
19registry identification card was granted only if:
20        (1) the designated caregiver does not meet the
21    requirements of subsection (f) of Section 10;
22        (2) the applicant did not provide the information
23    required;
24        (3) the prospective patient's application was denied;
25        (4) the designated caregiver previously had a registry

 

 

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1    identification card revoked; or
2        (5) the applicant or the designated caregiver provided
3    false or falsified information.
4    (c) The Department may conduct a background check of the
5prospective designated caregiver in order to carry out this
6provision.
7    (d) The Department shall notify the qualifying patient who
8has designated someone to serve as his or her designated
9caregiver if a registry identification card will not be issued
10to the designated caregiver.
11    (e) Denial of an application or renewal is considered a
12final Department action, subject to judicial review.
13Jurisdiction and venue for judicial review are vested in the
14Illinois Circuit Court.
 
15    Section 55. Registry identification cards.
16    (a) Registry identification cards shall contain all of the
17following:
18        (1) The name of the cardholder;
19        (2) A designation of whether the cardholder is a
20    designated caregiver or qualifying patient;
21        (3) The date of issuance and expiration date of the
22    registry identification card;
23        (4) A random 10-digit alphanumeric identification
24    number, containing at least four numbers and at least four
25    letters, that is unique to the cardholder;

 

 

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1        (5) A clear designation as to whether the cardholder
2    will be allowed under State law to possess the cannabis
3    plants for the qualifying patient's medical use, which
4    shall be determined based solely on the qualifying
5    patient's preference;
6        (6) If the cardholder is a designated caregiver, the
7    random 10-digit alphanumeric identification number of the
8    qualifying patient the designated caregiver is receiving
9    the registry identification card to assist;
10        (7) A photograph of the cardholder, if the Department's
11    rules require one; and
12        (8) The phone number or Web address for the
13    verification system.
14    (b) Except as provided in this subsection, the expiration
15date shall be one year after the date of issuance. If the
16physician stated in the written certification that the
17qualifying patient would benefit from cannabis until a
18specified earlier date, then the registry identification card
19shall expire on that date.
20    (c) The Department may, at its discretion, electronically
21store in the card any or all of the information listed in
22subsection (a), along with the address and date of birth of the
23cardholder, to allow it to be read by law enforcement agents.
 
24    Section 60. Notifications to Department and responses;
25civil penalty.

 

 

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1    (a) The following notifications and Department responses
2are required:
3        (1) A registered qualifying patient shall notify the
4    Department of any change in his or her name or address, or
5    if the registered qualifying patient ceases to have his or
6    her debilitating medical condition, within 10 days of the
7    change.
8        (2) A registered designated caregiver shall notify the
9    Department of any change in his or her name or address, or
10    if the designated caregiver becomes aware the qualifying
11    patient passed away, within 10 days of the change.
12        (3) Before a registered qualifying patient changes his
13    or her designated caregiver, the qualifying patient must
14    notify the Department.
15        (4) When a registered qualifying patient changes his or
16    her preference as to who may cultivate cannabis for the
17    qualifying patient, the qualifying patient must notify the
18    Department. The plants may not be transferred until the
19    registered qualifying patient receives confirmation from
20    the Department, at which time there shall be a 15-day
21    period in which the plants may be transferred.
22        (5) If a cardholder loses his or her registry
23    identification card, he or she shall notify the Department
24    within 10 days of becoming aware the card has been lost.
25    (b) When a cardholder notifies the Department of items
26listed in subsection (a), but remains eligible under this Act,

 

 

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1the Department shall issue the cardholder a new registry
2identification card with a new random 10-digit alphanumeric
3identification number within 10 days of receiving the updated
4information and a $20 fee. If the person notifying the
5Department is a registered qualifying patient, the Department
6shall also issue his or her registered designated caregiver, if
7any, a new registry identification card within 10 days of
8receiving the updated information.
9    (c) If a registered qualifying patient ceases to be a
10registered qualifying patient or changes his or her registered
11designated caregiver, the Department shall promptly notify the
12designated caregiver. The registered designated caregiver's
13protections under this Act as to that qualifying patient shall
14expire 15 days after notification by the Department.
15    (d) A cardholder who fails to make a notification to the
16Department that is required by this Section is subject to a
17civil infraction, punishable by a penalty of no more than $150.
18    (e) A registered qualifying patient shall notify the
19Department before changing his or her designated registered
20medical cannabis organization and pay a $20 fee. The Department
21must, within 5 business days of receiving the notification,
22update the registered qualifying patient's entry in the
23identification registry system to reflect the change in
24designation and notify the patient that the change has been
25processed.
26    (f) If the registered qualifying patient's certifying

 

 

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1physician notifies the Department in writing that either the
2registered qualifying patient has ceased to suffer from a
3debilitating medical condition or that the physician no longer
4believes the patient would receive therapeutic or palliative
5benefit from the medical use of cannabis, the card shall become
6null and void. However, the registered qualifying patient shall
7have 15 days to dispose of his or her cannabis.
 
8    Section 65. Registration of compassion centers.
9    (a) Medical cannabis organizations may only operate if they
10have been issued a valid registration certificate from the
11Department. When applying for a medical cannabis organization
12registration certificate, the applicant shall submit the
13following in accordance with Department rules:
14        (1) A $15,000 application fee, $14,000 of which shall
15    be refunded if the application is not granted.
16        (2) The proposed legal name of the medical cannabis
17    organization.
18        (3) The proposed physical address of the medical
19    cannabis organization and the proposed physical address of
20    any additional locations where cannabis will be
21    cultivated, harvested, packaged, labeled, or otherwise
22    prepared for distribution by the medical cannabis
23    organization.
24        (4) The name, address, and date of birth of each
25    principal officer and board member of the medical cannabis

 

 

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1    organization, provided that all such individuals shall be
2    at least 21 years of age.
3        (5) Any instances in which a business or not-for-profit
4    that any of the prospective board members managed or served
5    on the board of was convicted, fined, censured, or had a
6    registration or license suspended or revoked in any
7    administrative or judicial proceeding.
8        (6) Proposed operating by-laws that include procedures
9    for the oversight of the medical cannabis organization and
10    procedures to ensure accurate record keeping and security
11    measures that are in accordance with the rules issued by
12    the Department pursuant to this Act. The by-laws shall
13    include a description of the enclosed, locked facility
14    where medical cannabis will be grown, cultivated,
15    harvested, packaged, labeled, or otherwise prepared for
16    distribution by the medical cannabis organization.
17        (7) Any information required by the Department to
18    evaluate the applicant pursuant to the competitive bidding
19    process described in subsection (b).
20    (b) The Department shall evaluate applications for medical
21cannabis organization registration certificates using an
22impartial and numerically scored competitive bidding process
23developed by the Department in accordance with this Act. The
24registration considerations shall consist of the following
25criteria:
26        (1) The suitability of the proposed location or

 

 

SB1548- 33 -LRB097 09494 RLC 49631 b

1    locations, including compliance with any local zoning laws
2    and the geographic convenience to patients from throughout
3    the State of Illinois to medical cannabis organizations if
4    the applicant were approved.
5        (2) The principal officer and board members' character
6    and relevant experience, including any training or
7    professional licensing related to medicine,
8    pharmaceuticals, natural treatments, botany, or medical
9    cannabis cultivation and preparation and their experience
10    running businesses or not-for-profits.
11        (3) The proposed medical cannabis organization's plan
12    for operations and services, including its staffing and
13    training plans, whether it has sufficient capital to
14    operate, and its ability to provide an adequate supply of
15    medical cannabis to the registered patients in the State.
16        (4) The sufficiency of the applicant's plans for record
17    keeping.
18        (5) The sufficiency of the applicant's plans for
19    safety, security, and the prevention of diversion,
20    including proposed locations and security devices
21    employed.
22        (6) The applicants plan for making medical cannabis
23    available on an affordable basis to registered qualifying
24    patients enrolled in Medicaid or receiving Supplemental
25    Security Income or Social Security Disability Insurance.
26        (7) The applicant's plan for safe and accurate

 

 

SB1548- 34 -LRB097 09494 RLC 49631 b

1    packaging and labeling of medical cannabis, including the
2    applicant's plan for ensuring that all medical cannabis is
3    free of contaminants.
4    (c) No later than one year after the effective date of this
5Act, provided that at least 25 applications have been
6submitted, the Department shall issue medical cannabis
7organization registration certificates to the 25
8highest-scoring applicants. If fewer than 25 applications have
9been submitted, the Department shall issue medical cannabis
10organization registration certificates to all qualified
11applicants.
12    (d) No later than 18 months after the effective date of
13this Act, the Department shall issue registration
14certifications to at least 25 of the highest-scoring applicants
15not already awarded a registration certificate, provided a
16sufficient number of additional applications have been
17submitted. If fewer than 25 additional applications have been
18submitted, the Department shall issue medical cannabis
19organization registration certificates to all qualified
20applicants. If the Department determines, after considering
21stakeholders' input collected pursuant to subsection (e) of
22Section 110, that additional medical cannabis organizations
23are needed to meet the needs of registered qualifying patients
24throughout the State, the Department shall issue registration
25certificates to the corresponding number of applicants who
26score the highest. When awarding the second and any subsequent

 

 

SB1548- 35 -LRB097 09494 RLC 49631 b

1set of applications, the Department shall ensure that there is
2at least one medical cannabis organization in each of the State
3police districts that has a qualified applicant.
4    (e)(1) At any time after 19 months after the effective date
5of this Act that the number of outstanding and valid registered
6medical cannabis organization certificates is lower than
7either 50 or the number the Department has determined are
8needed to meet the needs of patients, whichever is greater, the
9Department shall accept applications for medical cannabis
10organizations and issue registration certificates to the
11corresponding number of additional applicants who score the
12highest.
13    (2) Notwithstanding subsections (c), (d), and (e), an
14application for a medical cannabis organization registration
15certificate must be denied if any of the following conditions
16are met:
17        (A) the applicant failed to submit the materials
18    required by this Section, including if the applicant's
19    plans do not satisfy the security, oversight, or
20    recordkeeping rules issued by the Department;
21        (B) the applicant would not be in compliance with local
22    zoning regulations issued in accordance with Section 80;
23        (C) the applicant does not meet the requirements of
24    Section 90;
25        (D) one or more of the prospective principal officers
26    or board members has been convicted of an excluded offense;

 

 

SB1548- 36 -LRB097 09494 RLC 49631 b

1        (E) one or more of the prospective principal officers
2    or board members has served as a principal officer or board
3    member for a registered medical cannabis organization that
4    has had its registration certificate revoked; and
5        (F) one or more of the principal officers or board
6    members is younger than 21 years of age.
7    (f) After a medical cannabis organization is approved, but
8before it begins operations, it shall submit its physical
9address if the address was not finalized when it applied.
10    (g) When issuing a medical cannabis organization
11registration certificate, the Department shall also issue a
12renewable registration certificate with an identification
13number.
 
14    Section 70. Registration and certification of safety
15compliance facilities.
16    (a) When applying for a safety compliance facility
17registration certificate, an applicant shall submit the
18following in accordance with Department rules:
19        (1) A $10,000 application fee, $9,000 of which shall be
20    refunded if the application is not granted;
21        (2) the proposed legal name of the safety compliance
22    facility;
23        (3) the proposed physical address of the safety
24    compliance facility;
25        (4) the name, address, and date of birth of each

 

 

SB1548- 37 -LRB097 09494 RLC 49631 b

1    principal officer and board member of the safety compliance
2    facility, provided that all such individuals shall be at
3    least 21 years of age;
4        (5) any instances in which a business or not-for-profit
5    that any of the prospective board members managed or served
6    on the board of was convicted, fined, censured, or had a
7    registration or license suspended or revoked in any
8    administrative or judicial proceeding; and
9        (6) any information required by the Department to
10    evaluate the applicant pursuant to the competitive bidding
11    process described in subsection (b).
12    (b) The Department shall evaluate applications for safety
13compliance facility registration certificates using an
14impartial and numerically scored competitive bidding process
15developed by the Department in accordance with this Act. The
16registration considerations shall consist of the following
17criteria:
18        (1) The proposed principal officers' and board
19    members' relevant experience, including any training or
20    professional licensing related to analytical testing,
21    medicine, pharmaceuticals, natural treatments, botany, or
22    medical cannabis cultivation, preparation, and testing and
23    their experience running businesses or not-for-profits;
24        (2) The suitability of the proposed location,
25    including compliance with any local zoning laws and the
26    geographic convenience to cardholders and registered

 

 

SB1548- 38 -LRB097 09494 RLC 49631 b

1    medical cannabis organizations from throughout the State
2    of Illinois to registered safety compliance facilities if
3    the applicant were approved;
4        (3) The sufficiency of the applicant's plans for
5    safety, security, and the prevention of diversion,
6    including proposed locations and security devices
7    employed; and
8        (4) The proposed safety compliance facility's plan for
9    operations and services, including its staffing and
10    training plans, and whether it has sufficient capital to
11    operate.
12    (c) The Department shall issue at least 3 safety compliance
13facility registration certificates to the highest-scoring
14qualified applicants within one year of the effective date of
15this Act.
16    (d)(1) The Department may issue additional safety
17compliance facility registration certificates to the
18highest-scoring applicant or applicants. If the Department
19determines, after reviewing the report issued pursuant to
20subsection (e) of Section 110, that additional safety
21compliance facilities are needed to meet the needs of
22cardholders and registered medical cannabis organizations
23throughout the State, the Department shall issue registration
24certificates to the corresponding number of applicants who
25score the highest.
26    (2) Notwithstanding subsections (c) and (d), an

 

 

SB1548- 39 -LRB097 09494 RLC 49631 b

1application for a safety compliance facility registration
2certificate must be denied if any of the following conditions
3are met:
4        (A) the applicant failed to submit the materials
5    required by this Section, including if the plans do not
6    satisfy the security, oversight, or recordkeeping rules
7    issued by the Department;
8        (B) the applicant would not be in compliance with local
9    zoning regulations issued in accordance with Section 80;
10        (C) the applicant does not meet the requirements of
11    Section 90.
12        (D) one or more of the prospective principal officers
13    or board members has been convicted of an excluded offense;
14        (E) one or more of the prospective principal officers
15    or board members has served as a principal officer or board
16    member for a registered safety compliance facility or
17    registered medical cannabis organization that has had its
18    registration certificate revoked; and
19        (F) one or more of the principal officers or board
20    members is younger than 21 years of age.
21    (e) After a safety compliance facility is approved, but
22before it begins operations, it shall submit its physical
23address if the address was not finalized when it applied.
24    (f) When issuing a safety compliance facility registration
25certificate, the Department shall also issue a renewable
26registration certificate with an identification number. The

 

 

SB1548- 40 -LRB097 09494 RLC 49631 b

1Department shall also provide the registered safety compliance
2facility with the contact information for the verification
3system.
 
4    Section 75. Compassion center and safety compliance
5facilities renewal. Registration certificates may be renewed
6every 2 years. The registered medical cannabis organization or
7registered safety compliance facility may submit a renewal
8application beginning 90 days prior to the expiration of its
9registration certificate. The Department shall grant a renewal
10application within 45 days of its submission if the following
11conditions are all satisfied:
12    (a) the registered medical cannabis organization or
13registered safety compliance facility submits a renewal
14application and the required renewal fee, which shall be
15refunded within 60 days if the renewal application is rejected;
16    (b) the Department has not suspended the registered medical
17cannabis organization or registered safety compliance
18facility's registration certificate for violations of this Act
19or rules adopted pursuant to this Act; and
20    (c) the inspections authorized by subsection (r) of Section
2190 and the input the Department received from stakeholders
22pursuant to subsection (e) of Section 110 do not raise serious
23and credible concerns about the continued operation of the
24registered medical cannabis organization or registered safety
25compliance facility applying for renewal.
 

 

 

SB1548- 41 -LRB097 09494 RLC 49631 b

1    Section 80. Local ordinances. Nothing shall prohibit local
2governments from enacting ordinances or regulations not in
3conflict with this Act or with Department rules regulating the
4time, place, and manner of registered medical cannabis
5organization operations and registered safety compliance
6facility operations, provided that no local government may
7prohibit registered medical cannabis organization or
8registered safety compliance facility operations altogether,
9either expressly or through the enactment of ordinances or
10regulations which make registered medical cannabis
11organization and registered safety compliance facility
12operation unreasonably impracticable in the jurisdiction.
 
13    Section 85. Compassion center and safety compliance
14facility agents.
15    (a) Registered medical cannabis organizations and
16registered safety compliance facilities shall conduct a
17background check into the criminal history of every person
18seeking to become a principal officer, board member, agent,
19volunteer, or employee before the person begins working at the
20registered medical cannabis organization or registered safety
21compliance facility. A registered medical cannabis
22organization may not employ any person who:
23        (1) was convicted of an excluded offense; or
24        (2) is under 21 years of age.

 

 

SB1548- 42 -LRB097 09494 RLC 49631 b

1    (b) A medical cannabis organization or safety compliance
2facility agent must have documentation when transporting
3cannabis on behalf of the registered safety compliance facility
4or registered medical cannabis organization that specifies the
5amount of cannabis being transported, the date the cannabis is
6being transported, the registry certificate number of the
7registered medical cannabis organization or registered safety
8compliance facility, and a contact number to verify that the
9cannabis is being transported on behalf of the registered
10medical cannabis organization or registered safety compliance
11facility.
 
12    Section 90. Requirements, prohibitions, and penalties.
13    (a) The operating documents of a registered medical
14cannabis organization shall include procedures for the
15oversight of the registered medical cannabis organization and
16procedures to ensure accurate recordkeeping.
17    (b) A registered medical cannabis organization and a
18registered safety compliance facility shall implement
19appropriate security measures to deter and prevent the theft of
20cannabis and unauthorized entrance into areas containing
21cannabis.
22    (c) A registered medical cannabis organization and a
23registered safety compliance facility may not be located within
24500 feet of the property line of a pre-existing public or
25private preschool, elementary, or secondary school.

 

 

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1    (d) A registered medical cannabis organization is
2prohibited from acquiring, possessing, cultivating,
3manufacturing, delivering, transferring, transporting,
4supplying, or dispensing cannabis for any purpose except to
5assist registered qualifying patients with the medical use of
6cannabis directly or through the qualifying patients'
7designated caregivers. This does not prevent a registered
8medical cannabis organization from selling or transferring
9cannabis to other medical cannabis organizations.
10    (e) All cultivation of cannabis for registered medical
11cannabis organizations must take place in an enclosed, locked
12location at the physical address or addresses provided to the
13Department during the registration process. The cultivation
14location can only be accessed by medical cannabis organization
15agents working for the registered medical cannabis
16organization, Department staff performing inspections, law
17enforcement or other emergency personnel, and contractors
18working on jobs unrelated to medical cannabis, such as
19installing or maintaining security devices or performing
20electrical wiring.
21    (f) A registered medical cannabis organization may not
22acquire usable cannabis or mature cannabis plants from any
23person other than another registered medical cannabis
24organization, a registered qualifying patient, or a registered
25designated caregiver. A registered medical cannabis
26organization is only allowed to acquire usable cannabis or

 

 

SB1548- 44 -LRB097 09494 RLC 49631 b

1cannabis plants from a registered qualifying patient or a
2registered designated caregiver if the registered qualifying
3patient or registered designated caregiver receives no
4compensation for the cannabis. A medical cannabis organization
5may not obtain cannabis from outside the State of Illinois,
6except that a medical cannabis organization may purchase
7cannabis seeds outside of the State of Illinois once during its
8registration period.
9    (g) Before cannabis may be dispensed to a designated
10caregiver or a registered qualifying patient, a medical
11cannabis organization agent must determine that the individual
12is a current cardholder in the verification system and must
13verify each of the following:
14        (1) that the registry identification card presented to
15    the registered medical cannabis organization is valid;
16        (2) that the person presenting the card is the person
17    identified on the registry identification card presented
18    to the medical cannabis organization agent; and
19        (3) that the registered medical cannabis organization
20    is the designated medical cannabis organization for the
21    registered qualifying patient who is obtaining the
22    cannabis directly or via his or her designated caregiver.
23    (h)(1) Except as provided in clause (h)(2), a registered
24medical cannabis organization shall not dispense more than 2
25ounces of cannabis to a registered qualifying patient, directly
26or via a designated caregiver, in any 14-day period.

 

 

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1    (2) A registered medical cannabis organization may
2dispense more than 2 ounces of cannabis to a registered
3qualifying patient in a 14-day period if the registered
4qualifying patient or the registered qualifying patient's
5designated caregiver presents a signed statement from the
6registered qualifying patient's physician that the registered
7qualifying patient needs a specified greater amount in a 14-day
8period. A medical cannabis organization agent must verify the
9statement's authenticity with the physician's office. Each
10statement shall allow for a waiver from the limit specified in
11clause (h)(1) for no more than 90 days.
12    (3) A registered medical cannabis organization may not
13dispense more cannabis to a registered qualifying patient or
14the registered qualifying patient's designated caregiver at
15any one time than they are permitted to possesses under the
16definition of "adequate supply" in subsection (a) of Section
1710.
18    (4) Registered medical cannabis organizations shall ensure
19compliance with this limitation by maintaining internal,
20confidential records that include records specifying how much
21cannabis is being dispensed to the registered qualifying
22patient and whether it was dispensed directly to the registered
23qualifying patient or to the designated caregiver. Each entry
24must include the date and time the cannabis was dispensed.
25    (i) A registered medical cannabis organization or medical
26cannabis organization agent may only dispense cannabis to a

 

 

SB1548- 46 -LRB097 09494 RLC 49631 b

1visiting qualifying patient if he or she possesses a valid
2Illinois registry identification card and if the procedures in
3subsections (g) and (h) are followed.
4    (j) A registered medical cannabis organization shall not
5share office space with, nor refer patients to, a physician.
6    (k) A physician shall not refer patients to a registered
7medical cannabis organization or registered designated
8caregiver, advertise in a registered medical cannabis
9organization, or, if the physician issues written
10certifications, hold any financial interest in a registered
11medical cannabis organization.
12    (l) No person who has been convicted of an excluded offense
13may be a medical cannabis organization agent or safety
14compliance facility agent.
15    (m) The Department may issue a civil fine of up to $3,000
16for violations of this Section.
17    (n) The Department may suspend or revoke a registration
18certificate for serious or multiple violations of this Act and
19rules issued in accordance with this Act. A registered medical
20cannabis organization may continue to cultivate and possess
21cannabis plants during a suspension, but it may not dispense,
22transfer, or sell cannabis. If a medical cannabis organization
23registration certificate is revoked, the medical cannabis
24organization shall have 10 days to sell or give its cannabis
25away to other registered medical cannabis organizations.
26    (o) The suspension or revocation of a certificate is a

 

 

SB1548- 47 -LRB097 09494 RLC 49631 b

1final Department action, subject to judicial review.
2Jurisdiction and venue for judicial review are vested in the
3Illinois Circuit Court.
4    (p) Any cardholder who sells cannabis to a person who is
5not allowed to possess cannabis for medical purposes under this
6Act shall have his or her registry identification card revoked
7and shall be subject to other penalties for the unauthorized
8sale of cannabis.
9    (q) The Department may revoke the registry identification
10card of any cardholder who knowingly commits multiple or
11serious violations of this Act.
12    (r) Registered medical cannabis organizations are subject
13to random inspection by Department rules. The Department shall
14give reasonable notice of an inspection under this paragraph.
 
15    Section 95. Confidentiality.
16    (a) The following information received and records kept by
17Department rules for purposes of administering this Act are
18confidential and exempt from the Freedom of Information Act,
19and not subject to disclosure to any individual or public or
20private entity, except as necessary for authorized employees of
21the Department to perform official duties pursuant to this Act:
22        (1) Applications and renewals, their contents, and
23    supporting information submitted by qualifying patients
24    and designated caregivers, including information regarding
25    their designated caregivers and physicians.

 

 

SB1548- 48 -LRB097 09494 RLC 49631 b

1        (2) Applications and renewals, their contents, and
2    supporting information submitted by or on behalf of medical
3    cannabis organizations and safety compliance facilities in
4    compliance with this Act, including their physical
5    addressees.
6        (3) The individual names and other information
7    identifying persons to whom the Department has issued
8    registry identification cards.
9        (4) Any dispensing information required to be kept
10    under clause (h)(4) of Section 90 or Department rules shall
11    identify cardholders and registered medical cannabis
12    organizations by their registry identification numbers and
13    not contain names or other personally identifying
14    information.
15        (5) Any Department hard drives or other data-recording
16    media that are no longer in use and that contain cardholder
17    information must be destroyed. The Department shall retain
18    a signed statement from a Department employee confirming
19    the destruction.
20        (6) Data subject to this Section shall not be combined
21    or linked in any manner with any other list or database and
22    it shall not be used for any purpose not provided for in
23    this Act.
24    (b) Nothing in this Section precludes the following:
25        (1) Department employees may notify law enforcement
26    about falsified or fraudulent information submitted to the

 

 

SB1548- 49 -LRB097 09494 RLC 49631 b

1    Department if the employee who suspects that falsified or
2    fraudulent information has been submitted conferred with
3    his or her supervisor and both agree that circumstances
4    exist that warrant reporting.
5        (2) If the employee conferred with his or her
6    supervisor and both agree that circumstances exist that
7    warrant reporting, Department employees may notify the
8    Medical Disciplinary Board if there is reasonable cause to
9    believe a physician:
10            (A) issued a written certification without a bona
11        fide physician-patient relationship;
12            (B) issued a written certification to a person who
13        was not under the physician's care for the debilitating
14        medical condition; or
15            (C) failed to abide by the standard of care when
16        evaluating medical conditions.
17        (3) The Department may notify State or local law
18    enforcement about apparent criminal violations of this Act
19    if the employee who suspects the offense has conferred with
20    his or her supervisor and both agree that circumstances
21    exist that warrant reporting.
22        (4) Medical cannabis organization agents may notify
23    the Department of a suspected violation or attempted
24    violation of this Act or the rules issued pursuant to it.
25        (5) The Department may verify registry identification
26    cards pursuant to Section 100.

 

 

SB1548- 50 -LRB097 09494 RLC 49631 b

1        (6) The submission of the Section 105 report to the
2    General Assembly.
3    (c) It shall be a Class B misdemeanor for any person,
4including an employee or official of the Department or another
5State agency or local government, to breach the confidentiality
6of information obtained pursuant to this Act.
 
7    Section 100. Registry identification and registration
8certificate verification.
9    (a) The Department shall maintain a confidential list of
10the persons to whom the Department has issued registry
11identification cards and their addresses, phone numbers, and
12registry identification numbers. This confidential list shall
13not be combined or linked in any manner with any other list or
14database, nor shall it be used for any purpose not provided for
15in this Act.
16    (b) Within 120 days of the effective date of this Act, the
17Department shall establish a verification system. The
18verification system must allow law enforcement personnel,
19medical cannabis organization agents, and safety compliance
20facility agents to enter a registry identification number to
21determine whether or not the number corresponds with a current,
22valid registry identification card. The system shall only
23disclose whether the identification card is valid; whether the
24cardholder is a registered qualifying patient or a registered
25designated caregiver; whether the cardholder is permitted to

 

 

SB1548- 51 -LRB097 09494 RLC 49631 b

1cultivate under this Act; and the registry identification
2number of the registered medical cannabis organization
3designated to serve the registered qualifying patient who holds
4the card or the registry identification number of the patient
5who is assisted by the registered designated caregiver who
6holds the card.
7    (c) The Department shall, with a cardholder's written
8permission, confirm his or her status as a registered
9qualifying patient or registered designated caregiver to a
10landlord, employer, school, medical professional, or court.
 
11    Section 105. Annual reports.
12    (a) The Department shall submit to the General Assembly an
13annual report that does not disclose any identifying
14information about cardholders, registered medical cannabis
15organizations, or physicians, but does contain, at a minimum,
16all of the following information:
17        (1) the number of applications and renewals filed for
18    registry identification cards;
19        (2) the number of qualifying patients and designated
20    caregivers approved in each county;
21        (3) the nature of the debilitating medical conditions
22    of the qualifying patients;
23        (4) the number of registry identification cards
24    revoked for misconduct;
25        (5) the number of physicians providing written

 

 

SB1548- 52 -LRB097 09494 RLC 49631 b

1    certifications for qualifying patients; and
2        (6) the number of registered medical cannabis
3    organizations.
 
4    Section 110. Department to issue rules and develop
5educational materials.
6    (a) By 90 days after the effective date of this Act, the
7Department shall adopt rules defining the quantity of cannabis
8that could reasonably be presumed to be a 60-day supply for
9qualifying patients.
10    (b) Not later than 120 days after the effective date of
11this Act, the Department shall promulgate rules:
12        (1) governing the manner in which the Department shall
13    consider petitions from the public to add debilitating
14    medical conditions or treatments to the list of
15    debilitating medical conditions set forth in subsection
16    (d) of Section 10 of this Act, including public notice of
17    and an opportunity to comment in public hearings on the
18    petitions;
19        (2) establishing the form and content of registration
20    and renewal applications submitted under this Act,
21    including a standard form for written certifications;
22        (3) governing the manner in which it shall consider
23    applications for and renewals of registry identification
24    cards, including developing separate requirements, fees,
25    and applications for temporary registry identification

 

 

SB1548- 53 -LRB097 09494 RLC 49631 b

1    cards for visiting qualifying patients wishing to obtain
2    cannabis from registered medical cannabis organizations;
3    and
4        (4) governing the following matters related to
5    registered medical cannabis organizations, with the goal
6    of protecting against diversion and theft, without
7    imposing an undue burden on the registered medical cannabis
8    organizations or compromising the confidentiality of
9    cardholders:
10            (A) oversight requirements for registered medical
11        cannabis organizations;
12            (B) recordkeeping requirements for registered
13        medical cannabis organizations;
14            (C) security requirements for registered medical
15        cannabis organizations, which shall include that each
16        registered medical cannabis organization location must
17        be protected by a fully operational security alarm
18        system;
19            (D) the competitive scoring process addressed in
20        subsection (b) of Section 65; and
21            (E) procedures for suspending or terminating the
22        registration certificates or registry identification
23        cards of cardholders, registered medical cannabis
24        organizations, and registered safety compliance
25        facilities that commit multiple or serious violations
26        of the provisions of this Act or the rules promulgated

 

 

SB1548- 54 -LRB097 09494 RLC 49631 b

1        pursuant to this Section.
2        (5) application and renewal fees for registry
3    identification cards, and renewal fees for registered
4    medical cannabis organization registration certificates,
5    according to the following:
6            (A) the total fees collected must generate
7        revenues sufficient to offset all expenses of
8        implementing and administering this Act, except that
9        fee revenue may be offset or supplemented by private
10        donations;
11            (B) the Department may establish a sliding scale of
12        patient application and renewal fees based upon a
13        qualifying patient's household income;
14            (C) the Department may accept donations from
15        private sources to reduce application and renewal
16        fees; and
17            (D) registry identification card fees shall
18        include an additional $3 per registry identification
19        card, which shall be used to develop and disseminate
20        educational information about the health risks
21        associated with the abuse of cannabis and prescription
22        medications.
23    (c) During the rule-making process and at least twice each
24    year after the rules are issued, the Department shall make
25    a good faith effort to consult with all stakeholders
26    identified in the rule-making analysis as being impacted by

 

 

SB1548- 55 -LRB097 09494 RLC 49631 b

1    the rules. The Department may establish the stakeholders
2    into an advisory task force, or it may consult with them
3    individually. Stakeholders shall include, but are not
4    limited to:
5        (1) at least 2 physicians, one of whom must have prior
6    experience treating medical cannabis patients;
7        (2) at least 2 nurses, one of whom must have prior
8    experience treating HIV/AIDS patients;
9        (3) at least 3 qualifying patients;
10        (4) a representative from the law enforcement
11    community;
12        (5) the Director of State Police or his or her
13    designee;
14        (6) a prosecuting attorney currently employed by the
15    State of Illinois;
16        (7) a public defender currently employed by the State
17    of Illinois;
18        (8) a defense attorney in private practice;
19        (9) a licensed phlebotomist;
20        (10) a horticulturist;
21        (11) a representative of the business community; and
22        (12) after the rules have been established, one board
23    member or principal officer of a registered safety
24    compliance facility.
25    (d) After consulting with the stakeholders, the Department
26shall recommend a policy to the General Assembly relating to

 

 

SB1548- 56 -LRB097 09494 RLC 49631 b

1driving under the influence laws as they apply to registered
2patients, including whether the presence of metabolites or
3other components of cannabis should create a presumption of
4driving under the influence, and, if so, what thresholds should
5be established.
6    (e) Beginning 4 months after the issuance of the first
7registrations for registered medical cannabis organizations
8and at least every 6 months thereafter, the Department shall
9solicit input, including from the stakeholders identified in
10subsection (c) on the following:
11        (A) The ability of qualifying patients in all areas of
12    the State to obtain timely access to high-quality medical
13    cannabis.
14        (B) The effectiveness of the registered medical
15    cannabis organizations, individually and together, in
16    serving the needs of qualifying patients, including the
17    provision of educational and support services, the
18    reasonableness of their fees, whether they are generating
19    any complaints or security problems, and the sufficiency of
20    the number operating to serve the registered qualifying
21    patients of Illinois.
22        (C) The effectiveness of the registered safety
23    compliance facility or facilities, individually and
24    together, in serving the needs of cardholders and
25    registered medical cannabis organizations, including
26    whether a sufficient number are operating.

 

 

SB1548- 57 -LRB097 09494 RLC 49631 b

1        (D) The sufficiency of the regulatory and security
2    safeguards contained in this Act and adopted by the
3    Department to ensure that access to and use of cannabis
4    cultivated is provided only to cardholders authorized for
5    such purposes.
6        (E) Any recommended additions or revisions to the
7    Department rules or this Act, including relating to
8    security, safe handling, labeling, and nomenclature.
9        (F) Any research studies regarding health effects of
10    medical cannabis for patients.
11    (g) The Department shall develop and disseminate
12educational information about the health risks associated with
13the abuse of cannabis and prescription medications, which shall
14be funded by the $3 fees generated from registry identification
15cards.
 
16    Section 115. Enforcement of this Act.
17    (a) If the Department fails to adopt rules to implement
18this Act within the times provided for in this Act, any citizen
19may commence an action in the Circuit Court to compel the
20Department to perform the actions mandated pursuant to the
21provisions of this Act.
22    (b) If the Department fails to issue a valid registry
23identification card in response to a valid application or
24renewal submitted pursuant to this Act within 30 days of its
25submission, the registry identification card shall be deemed

 

 

SB1548- 58 -LRB097 09494 RLC 49631 b

1granted, and a copy of the registry identification application,
2including a valid written certification, or renewal shall be
3deemed a valid registry identification card.
4    (c) If at any time after the 140 days following the
5effective date of this Act the Department has not established a
6process for accepting and approving or denying applications, a
7notarized statement by a qualifying patient containing the
8information required in an application pursuant to Section 40,
9together with a valid written certification issued by a
10physician within 90 days immediately preceding the notarized
11statement, shall be deemed a valid registry identification card
12for all purposes under this Act.
 
13    Section 120. Penalty enhancements. Any registered
14qualifying patient or registered primary caregiver who
15distributes cannabis to someone who is not allowed to use
16cannabis is subject to a penalty enhancement of not more than 2
17years in prison or a fine of not more than $2,000, or both, for
18abuse of the Compassionate Use of Medical Cannabis Pilot
19Program Act.
 
20    Section 121. Repeal of Act. This Act is repealed 3 years
21after its effective date.
 
22    (720 ILCS 550/11 rep.)
23    (720 ILCS 550/15 rep.)

 

 

SB1548- 59 -LRB097 09494 RLC 49631 b

1    Section 122. The Cannabis Control Act is amended by
2repealing Sections 11 and 15.
 
3    Section 123. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.