State of Illinois
2013 and 2014


Introduced 1/21/2014, by Sen. Iris Y. Martinez - Dan Kotowski


410 ILCS 130/10
410 ILCS 130/60

    Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes myoclonic-astatic epilepsy in the definiton of "debilitating medical condition". Provides that the Department of Public Health shall adopt rules for the issuance of a registry identification card for qualifying patients who are under 18 years of age and suffering from myoclonic-astatic epilepsy.

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1    AN ACT concerning public health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 10 and 60 as
7    (410 ILCS 130/10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 10. Definitions. The following terms, as used in this
10Act, shall have the meanings set forth in this Section:
11    (a) "Adequate supply" means:
12        (1) 2.5 ounces of usable cannabis during a period of 14
13    days and that is derived solely from an intrastate source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a physician
16    provides a substantial medical basis in a signed, written
17    statement asserting that, based on the patient's medical
18    history, in the physician's professional judgment, 2.5
19    ounces is an insufficient adequate supply for a 14-day
20    period to properly alleviate the patient's debilitating
21    medical condition or symptoms associated with the
22    debilitating medical condition.
23        (3) This subsection may not be construed to authorize



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1    the possession of more than 2.5 ounces at any time without
2    authority from the Department of Public Health.
3        (4) The pre-mixed weight of medical cannabis used in
4    making a cannabis infused product shall apply toward the
5    limit on the total amount of medical cannabis a registered
6    qualifying patient may possess at any one time.
7    (b) "Cannabis" has the meaning given that term in Section 3
8of the Cannabis Control Act.
9    (c) "Cannabis plant monitoring system" means a system that
10includes, but is not limited to, testing and data collection
11established and maintained by the registered cultivation
12center and available to the Department for the purposes of
13documenting each cannabis plant and for monitoring plant
14development throughout the life cycle of a cannabis plant
15cultivated for the intended use by a qualifying patient from
16seed planting to final packaging.
17    (d) "Cardholder" means a qualifying patient or a designated
18caregiver who has been issued and possesses a valid registry
19identification card by the Department of Public Health.
20    (e) "Cultivation center" means a facility operated by an
21organization or business that is registered by the Department
22of Agriculture to perform necessary activities to provide only
23registered medical cannabis dispensing organizations with
24usable medical cannabis.
25    (f) "Cultivation center agent" means a principal officer,
26board member, employee, or agent of a registered cultivation



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1center who is 21 years of age or older and has not been
2convicted of an excluded offense.
3    (g) "Cultivation center agent identification card" means a
4document issued by the Department of Agriculture that
5identifies a person as a cultivation center agent.
6    (h) "Debilitating medical condition" means one or more of
7the following:
8        (1) cancer, glaucoma, positive status for human
9    immunodeficiency virus, acquired immune deficiency
10    syndrome, hepatitis C, amyotrophic lateral sclerosis,
11    Crohn's disease, agitation of Alzheimer's disease,
12    cachexia/wasting syndrome, muscular dystrophy, severe
13    fibromyalgia, spinal cord disease, including but not
14    limited to arachnoiditis, Tarlov cysts, hydromyelia,
15    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
16    spinal cord injury, traumatic brain injury and
17    post-concussion syndrome, Multiple Sclerosis,
18    Arnold-Chiari malformation and Syringomyelia,
19    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
20    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
21    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
22    (Complex Regional Pain Syndromes Type II),
23    Neurofibromatosis, Chronic Inflammatory Demyelinating
24    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
25    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
26    syndrome, residual limb pain, myoclonic-astatic epilepsy,



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1    or the treatment of these conditions; or
2        (2) any other debilitating medical condition or its
3    treatment that is added by the Department of Public Health
4    by rule as provided in Section 45.
5    (i) "Designated caregiver" means a person who: (1) is at
6least 21 years of age; (2) has agreed to assist with a
7patient's medical use of cannabis; (3) has not been convicted
8of an excluded offense; and (4) assists no more than one
9registered qualifying patient with his or her medical use of
11    (j) "Dispensing organization agent identification card"
12means a document issued by the Department of Financial and
13Professional Regulation that identifies a person as a medical
14cannabis dispensing organization agent.
15    (k) "Enclosed, locked facility" means a room, greenhouse,
16building, or other enclosed area equipped with locks or other
17security devices that permit access only by a cultivation
18center's agents or a dispensing organization's agent working
19for the registered cultivation center or the registered
20dispensing organization to cultivate, store, and distribute
21cannabis for registered qualifying patients.
22    (l) "Excluded offense" means:
23        (1) a violent crime defined in Section 3 of the Rights
24    of Crime Victims and Witnesses Act or a substantially
25    similar offense that was classified as a felony in the
26    jurisdiction where the person was 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 registering Department may waive this restriction if
5    the person demonstrates to the registering Department's
6    satisfaction that his or her conviction was for the
7    possession, cultivation, transfer, or delivery of a
8    reasonable amount of cannabis intended for medical use.
9    This exception does not apply if the conviction was under
10    state law and involved a violation of an existing medical
11    cannabis law.
12    (m) "Medical cannabis cultivation center registration"
13means a registration issued by the Department of Agriculture.
14    (n) "Medical cannabis container" means a sealed,
15traceable, food compliant, tamper resistant, tamper evident
16container, or package used for the purpose of containment of
17medical cannabis from a cultivation center to a dispensing
19    (o) "Medical cannabis dispensing organization", or
20"dispensing organization", or "dispensary organization" means
21a facility operated by an organization or business that is
22registered by the Department of Financial and Professional
23Regulation to acquire medical cannabis from a registered
24cultivation center for the purpose of dispensing cannabis,
25paraphernalia, or related supplies and educational materials
26to registered qualifying patients.



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1    (p) "Medical cannabis dispensing organization agent" or
2"dispensing organization agent" means a principal officer,
3board member, employee, or agent of a registered medical
4cannabis dispensing organization who is 21 years of age or
5older and has not been convicted of an excluded offense.
6    (q) "Medical cannabis infused product" means food, oils,
7ointments, or other products containing usable cannabis that
8are not smoked.
9    (r) "Medical use" means the acquisition; administration;
10delivery; possession; transfer; transportation; or use of
11cannabis to treat or alleviate a registered qualifying
12patient's debilitating medical condition or symptoms
13associated with the patient's debilitating medical condition.
14    (s) "Physician" means a doctor of medicine or doctor of
15osteopathy licensed under the Medical Practice Act of 1987 to
16practice medicine and who has a controlled substances license
17under Article III of the Illinois Controlled Substances Act. It
18does not include a licensed practitioner under any other Act
19including but not limited to the Illinois Dental Practice Act.
20    (t) "Qualifying patient" means a person who has been
21diagnosed by a physician as having a debilitating medical
23    (u) "Registered" means licensed, permitted, or otherwise
24certified by the Department of Agriculture, Department of
25Public Health, or Department of Financial and Professional



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1    (v) "Registry identification card" means a document issued
2by the Department of Public Health that identifies a person as
3a registered qualifying patient or registered designated
5    (w) "Usable cannabis" means the seeds, leaves, buds, and
6flowers of the cannabis plant and any mixture or preparation
7thereof, but does not include the stalks, and roots of the
8plant. It does not include the weight of any non-cannabis
9ingredients combined with cannabis, such as ingredients added
10to prepare a topical administration, food, or drink.
11    (x) "Verification system" means a Web-based system
12established and maintained by the Department of Public Health
13that is available to the Department of Agriculture, the
14Department of Financial and Professional Regulation, law
15enforcement personnel, and registered medical cannabis
16dispensing organization agents on a 24-hour basis for the
17verification of registry identification cards, the tracking of
18delivery of medical cannabis to medical cannabis dispensing
19organizations, and the tracking of the date of sale, amount,
20and price of medical cannabis purchased by a registered
21qualifying patient.
22    (y) "Written certification" means a document dated and
23signed by a physician, stating (1) that in the physician's
24professional opinion the patient is likely to receive
25therapeutic or palliative benefit from the medical use of
26cannabis to treat or alleviate the patient's debilitating



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1medical condition or symptoms associated with the debilitating
2medical condition; (2) that the qualifying patient has a
3debilitating medical condition and specifying the debilitating
4medical condition the qualifying patient has; and (3) that the
5patient is under the physician's care for the debilitating
6medical condition. A written certification shall be made only
7in the course of a bona fide physician-patient relationship,
8after the physician has completed an assessment of the
9qualifying patient's medical history, reviewed relevant
10records related to the patient's debilitating condition, and
11conducted a physical examination.
12    A veteran who has received treatment at a VA hospital shall
13be deemed to have a bona fide physician-patient relationship
14with a VA physician if the patient has been seen for his or her
15debilitating medical condition at the VA Hospital in accordance
16with VA Hospital protocols.
17    A bona fide physician-patient relationship under this
18subsection is a privileged communication within the meaning of
19Section 8-802 of the Code of Civil Procedure.
20(Source: P.A. 98-122, eff. 1-1-14.)
21    (410 ILCS 130/60)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 60. Issuance of registry identification cards.
24    (a) Except as provided in subsection (b), the Department of
25Public Health shall:



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1        (1) verify the information contained in an application
2    or renewal for a registry identification card submitted
3    under this Act, and approve or deny an application or
4    renewal, within 30 days of receiving a completed
5    application or renewal application and all supporting
6    documentation specified in Section 55;
7        (2) issue registry identification cards to a
8    qualifying patient and his or her designated caregiver, if
9    any, within 15 business days of approving the application
10    or renewal;
11        (3) enter the registry identification number of the
12    registered dispensing organization the patient designates
13    into the verification system; and
14        (4) allow for an electronic application process, and
15    provide a confirmation by electronic or other methods that
16    an application has been submitted.
17    (b) The Department of Public Health may not issue a
18registry identification card to a qualifying patient who is
19under 18 years of age, unless that patient suffers from
20myoclonic-astatic epilepsy. The Department of Public Health
21shall adopt rules for the issuance of a registry identification
22card for qualifying patients who are under 18 years of age and
23suffering from myoclonic-astatic epilepsy.
24    (c) A veteran who has received treatment at a VA hospital
25is deemed to have a bona fide physician-patient relationship
26with a VA physician if the patient has been seen for his or her



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1debilitating medical condition at the VA hospital in accordance
2with VA hospital protocols. All reasonable inferences
3regarding the existence of a bona fide physician-patient
4relationship shall be drawn in favor of an applicant who is a
5veteran and has undergone treatment at a VA hospital.
6    (d) Upon the approval of the registration and issuance of a
7registry card under this Section, the Department of Public
8Health shall forward the designated caregiver or registered
9qualified patient's driver's registration number to the
10Secretary of State and certify that the individual is permitted
11to engage in the medical use of cannabis. For the purposes of
12law enforcement, the Secretary of State shall make a notation
13on the person's driving record stating the person is a
14registered qualifying patient who is entitled to the lawful
15medical use of cannabis. If the person no longer holds a valid
16registry card, the Department shall notify the Secretary of
17State and the Secretary of State shall remove the notation from
18the person's driving record. The Department and the Secretary
19of State may establish a system by which the information may be
20shared electronically.
21(Source: P.A. 98-122, eff. 1-1-14.)