Rep. Lou Lang

Filed: 5/2/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2636 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 10, 45, 55, 60, and
670 as follows:
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8    (Section scheduled to be repealed on January 1, 2018)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



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1    statement asserting that, based on the patient's medical
2    history, in the physician's professional judgment, 2.5
3    ounces is an insufficient adequate supply for a 14-day
4    period to properly alleviate the patient's debilitating
5    medical condition or symptoms associated with the
6    debilitating medical condition.
7        (3) This subsection may not be construed to authorize
8    the possession of more than 2.5 ounces at any time without
9    authority from the Department of Public Health.
10        (4) The pre-mixed weight of medical cannabis used in
11    making a cannabis infused product shall apply toward the
12    limit on the total amount of medical cannabis a registered
13    qualifying patient may possess at any one time.
14    (b) "Cannabis" has the meaning given that term in Section 3
15of the Cannabis Control Act.
16    (c) "Cannabis plant monitoring system" means a system that
17includes, but is not limited to, testing and data collection
18established and maintained by the registered cultivation
19center and available to the Department for the purposes of
20documenting each cannabis plant and for monitoring plant
21development throughout the life cycle of a cannabis plant
22cultivated for the intended use by a qualifying patient from
23seed planting to final packaging.
24    (d) "Cardholder" means a qualifying patient or a designated
25caregiver who has been issued and possesses a valid registry
26identification card by the Department of Public Health.



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1    (e) "Cultivation center" means a facility operated by an
2organization or business that is registered by the Department
3of Agriculture to perform necessary activities to provide only
4registered medical cannabis dispensing organizations with
5usable medical cannabis.
6    (f) "Cultivation center agent" means a principal officer,
7board member, employee, or agent of a registered cultivation
8center who is 21 years of age or older and has not been
9convicted of an excluded offense.
10    (g) "Cultivation center agent identification card" means a
11document issued by the Department of Agriculture that
12identifies a person as a cultivation center agent.
13    (h) "Debilitating medical condition" means one or more of
14the following:
15        (1) cancer, glaucoma, positive status for human
16    immunodeficiency virus, acquired immune deficiency
17    syndrome, hepatitis C, amyotrophic lateral sclerosis,
18    Crohn's disease, agitation of Alzheimer's disease,
19    cachexia/wasting syndrome, muscular dystrophy, severe
20    fibromyalgia, spinal cord disease, including but not
21    limited to arachnoiditis, Tarlov cysts, hydromyelia,
22    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
23    spinal cord injury, traumatic brain injury and
24    post-concussion syndrome, Multiple Sclerosis,
25    Arnold-Chiari malformation and Syringomyelia,
26    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,



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1    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
2    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
3    (Complex Regional Pain Syndromes Type II),
4    Neurofibromatosis, Chronic Inflammatory Demyelinating
5    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
6    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
7    syndrome, residual limb pain, seizures (including those
8    characteristic of epilepsy), or the treatment of these
9    conditions; or
10        (2) any other debilitating medical condition or its
11    treatment that is added by the Department of Public Health
12    by rule as provided in Section 45.
13    (i) "Designated caregiver" means a person who: (1) is at
14least 21 years of age; (2) has agreed to assist with a
15patient's medical use of cannabis; (3) has not been convicted
16of an excluded offense; and (4) assists no more than one
17registered qualifying patient with his or her medical use of
19    (j) "Dispensing organization agent identification card"
20means a document issued by the Department of Financial and
21Professional Regulation that identifies a person as a medical
22cannabis dispensing organization agent.
23    (k) "Enclosed, locked facility" means a room, greenhouse,
24building, or other enclosed area equipped with locks or other
25security devices that permit access only by a cultivation
26center's agents or a dispensing organization's agent working



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1for the registered cultivation center or the registered
2dispensing organization to cultivate, store, and distribute
3cannabis for registered qualifying patients.
4    (l) "Excluded offense" means:
5        (1) a violent crime defined in Section 3 of the Rights
6    of Crime Victims and Witnesses Act or a substantially
7    similar offense that was classified as a felony in the
8    jurisdiction where the person was convicted; or
9        (2) a violation of a state or federal controlled
10    substance law that was classified as a felony in the
11    jurisdiction where the person was convicted, except that
12    the registering Department may waive this restriction if
13    the person demonstrates to the registering Department's
14    satisfaction that his or her conviction was for the
15    possession, cultivation, transfer, or delivery of a
16    reasonable amount of cannabis intended for medical use.
17    This exception does not apply if the conviction was under
18    state law and involved a violation of an existing medical
19    cannabis law.
20    (m) "Medical cannabis cultivation center registration"
21means a registration issued by the Department of Agriculture.
22    (n) "Medical cannabis container" means a sealed,
23traceable, food compliant, tamper resistant, tamper evident
24container, or package used for the purpose of containment of
25medical cannabis from a cultivation center to a dispensing



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1    (o) "Medical cannabis dispensing organization", or
2"dispensing organization", or "dispensary organization" means
3a facility operated by an organization or business that is
4registered by the Department of Financial and Professional
5Regulation to acquire medical cannabis from a registered
6cultivation center for the purpose of dispensing cannabis,
7paraphernalia, or related supplies and educational materials
8to registered qualifying patients.
9    (p) "Medical cannabis dispensing organization agent" or
10"dispensing organization agent" means a principal officer,
11board member, employee, or agent of a registered medical
12cannabis dispensing organization who is 21 years of age or
13older and has not been convicted of an excluded offense.
14    (q) "Medical cannabis infused product" means food, oils,
15ointments, or other products containing usable cannabis that
16are not smoked.
17    (r) "Medical use" means the acquisition; administration;
18delivery; possession; transfer; transportation; or use of
19cannabis to treat or alleviate a registered qualifying
20patient's debilitating medical condition or symptoms
21associated with the patient's debilitating medical condition.
22    (s) "Physician" means a doctor of medicine or doctor of
23osteopathy licensed under the Medical Practice Act of 1987 to
24practice medicine and who has a controlled substances license
25under Article III of the Illinois Controlled Substances Act. It
26does not include a licensed practitioner under any other Act



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1including but not limited to the Illinois Dental Practice Act.
2    (t) "Qualifying patient" means a person who has been
3diagnosed by a physician as having a debilitating medical
5    (u) "Registered" means licensed, permitted, or otherwise
6certified by the Department of Agriculture, Department of
7Public Health, or Department of Financial and Professional
9    (v) "Registry identification card" means a document issued
10by the Department of Public Health that identifies a person as
11a registered qualifying patient or registered designated
13    (w) "Usable cannabis" means the seeds, leaves, buds, and
14flowers of the cannabis plant and any mixture or preparation
15thereof, but does not include the stalks, and roots of the
16plant. It does not include the weight of any non-cannabis
17ingredients combined with cannabis, such as ingredients added
18to prepare a topical administration, food, or drink.
19    (x) "Verification system" means a Web-based system
20established and maintained by the Department of Public Health
21that is available to the Department of Agriculture, the
22Department of Financial and Professional Regulation, law
23enforcement personnel, and registered medical cannabis
24dispensing organization agents on a 24-hour basis for the
25verification of registry identification cards, the tracking of
26delivery of medical cannabis to medical cannabis dispensing



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1organizations, and the tracking of the date of sale, amount,
2and price of medical cannabis purchased by a registered
3qualifying patient.
4    (y) "Written certification" means a document dated and
5signed by a physician, stating (1) that in the physician's
6professional opinion the patient is likely to receive
7therapeutic or palliative benefit from the medical use of
8cannabis to treat or alleviate the patient's debilitating
9medical condition or symptoms associated with the debilitating
10medical condition; (2) that the qualifying patient has a
11debilitating medical condition and specifying the debilitating
12medical condition the qualifying patient has; and (3) that the
13patient is under the physician's care for the debilitating
14medical condition. A written certification shall be made only
15in the course of a bona fide physician-patient relationship,
16after the physician has completed an assessment of the
17qualifying patient's medical history, reviewed relevant
18records related to the patient's debilitating condition, and
19conducted a physical examination.
20    A veteran who has received treatment at a VA hospital shall
21be deemed to have a bona fide physician-patient relationship
22with a VA physician if the patient has been seen for his or her
23debilitating medical condition at the VA Hospital in accordance
24with VA Hospital protocols.
25    A bona fide physician-patient relationship under this
26subsection is a privileged communication within the meaning of



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1Section 8-802 of the Code of Civil Procedure.
2(Source: P.A. 98-122, eff. 1-1-14.)
3    (410 ILCS 130/45)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 45. Addition of debilitating medical conditions. Any
6citizen may petition the Department of Public Health to add
7debilitating conditions or treatments to the list of
8debilitating medical conditions listed in subsection (h) of
9Section 10. The Department of Public Health shall consider
10petitions in the manner required by Department rule, including
11public notice and hearing. The Department of Public Health
12shall approve or deny a petition within 180 days of its
13submission, and, upon approval, shall proceed to add that
14condition by rule in accordance with the Administrative
15Procedure Act. The approval or denial of any petition is a
16final decision of the Department of Public Health, subject to
17judicial review. Jurisdiction and venue are vested in the
18Circuit Court.
19    (b) Any citizen may petition the Department of Public
20Health to approve any debilitating medical condition listed in
21subsection (h) of Section 10 of this Act or any debilitating
22medical condition or treatment added pursuant to this Section
23as a condition or treatment for which a person under 18 years
24of age suffering from such condition is eligible to become a
25registered qualifying patient pursuant to Section 55 of this



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1Act. Such approval shall only be for the medical use of medical
2cannabis infused products. The Department of Public Health
3shall consider petitions in the manner required by Department
4rule, including public notice and hearing. The Department of
5Public Health shall approve or deny a petition within 180 days
6after its submission, and, upon approval, shall proceed to add
7by rule in accordance with the Administrative Procedure Act the
8condition as a condition for which persons under 18 years of
9age diagnosed with the condition are eligible to become
10registered qualifying patients. The approval or denial of any
11petition is a final decision of the Department of Public
12Health, subject to judicial review. Jurisdiction and venue are
13vested in the Circuit Court.
14(Source: P.A. 98-122, eff. 1-1-14.)
15    (410 ILCS 130/55)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 55. Registration of qualifying patients and
18designated caregivers.
19    (a) The Department of Public Health shall issue registry
20identification cards to qualifying patients and designated
21caregivers who submit a completed application, and at minimum,
22the following, in accordance with Department of Public Health
24        (1) A written certification, on a form developed by the
25    Department of Public Health and issued by a physician,



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1    within 90 days immediately preceding the date of an
2    application;
3        (2) upon the execution of applicable privacy waivers,
4    the patient's medical documentation related to his or her
5    debilitating condition and any other information that may
6    be reasonably required by the Department of Public Health
7    to confirm that the physician and patient have a bona fide
8    physician-patient relationship, that the qualifying
9    patient is in the physician's care for his or her
10    debilitating medical condition, and to substantiate the
11    patient's diagnosis;
12        (3) the application or renewal fee as set by rule;
13        (4) the name, address, date of birth, and social
14    security number of the qualifying patient, except that if
15    the applicant is homeless no address is required;
16        (5) the name, address, and telephone number of the
17    qualifying patient's physician;
18        (6) the name, address, and date of birth of the
19    designated caregiver, if any, chosen by the qualifying
20    patient;
21        (7) the name of the registered medical cannabis
22    dispensing organization the qualifying patient designates;
23        (8) signed statements from the patient and designated
24    caregiver asserting that they will not divert medical
25    cannabis; and
26        (9) completed background checks for the patient and



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1    designated caregiver.
2    (b) A parent or legal guardian may submit an application on
3behalf of a patient under 18 years of age if the patient
4suffers from seizures, including those characteristic of
5epilepsy, or a debilitating medical condition approved by the
6Department of Public Health for registered qualifying patients
7under 18 years of age pursuant to subsection (b) of Section 45
8of this Act. The application shall include a statement of
9consent by the parent or legal guardian.
10(Source: P.A. 98-122, eff. 1-1-14.)
11    (410 ILCS 130/60)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 60. Issuance of registry identification cards.
14    (a) Except as provided in subsection (b), the Department of
15Public Health shall:
16        (1) verify the information contained in an application
17    or renewal for a registry identification card submitted
18    under this Act, and approve or deny an application or
19    renewal, within 30 days of receiving a completed
20    application or renewal application and all supporting
21    documentation specified in Section 55;
22        (2) issue registry identification cards to a
23    qualifying patient and his or her designated caregiver, if
24    any, within 15 business days of approving the application
25    or renewal;



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1        (3) enter the registry identification number of the
2    registered dispensing organization the patient designates
3    into the verification system; and
4        (4) allow for an electronic application process, and
5    provide a confirmation by electronic or other methods that
6    an application has been submitted.
7    (b) The Department of Public Health may not issue a
8registry identification card to a qualifying patient who is
9under 18 years of age, unless that patient suffers from
10seizures, including those characteristic of epilepsy, or a
11debilitating medical condition approved by the Department of
12Public Health for registered qualifying patients under 18 years
13of age pursuant to subsection (b) of Section 45 of this Act.
14    (c) A veteran who has received treatment at a VA hospital
15is deemed to have a bona fide physician-patient relationship
16with a VA physician if the patient has been seen for his or her
17debilitating medical condition at the VA hospital in accordance
18with VA hospital protocols. All reasonable inferences
19regarding the existence of a bona fide physician-patient
20relationship shall be drawn in favor of an applicant who is a
21veteran and has undergone treatment at a VA hospital.
22    (d) Upon the approval of the registration and issuance of a
23registry card under this Section, the Department of Public
24Health shall forward the designated caregiver or registered
25qualified patient's driver's registration number to the
26Secretary of State and certify that the individual is permitted



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1to engage in the medical use of cannabis. For the purposes of
2law enforcement, the Secretary of State shall make a notation
3on the person's driving record stating the person is a
4registered qualifying patient who is entitled to the lawful
5medical use of cannabis. If the person no longer holds a valid
6registry card, the Department shall notify the Secretary of
7State and the Secretary of State shall remove the notation from
8the person's driving record. The Department and the Secretary
9of State may establish a system by which the information may be
10shared electronically.
11(Source: P.A. 98-122, eff. 1-1-14.)
12    (410 ILCS 130/70)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 70. Registry identification cards.
15    (a) A registered qualifying patient or designated
16caregiver must keep their registry identification card in his
17or her possession at all times when engaging in the medical use
18of cannabis.
19    (b) Except as provided in subsection (f) of this Section,
20registry Registry identification cards shall contain the
22        (1) the name of the cardholder;
23        (2) a designation of whether the cardholder is a
24    designated caregiver or qualifying patient;
25        (3) the date of issuance and expiration date of the



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1    registry identification card;
2        (4) a random alphanumeric identification number that
3    is unique to the cardholder;
4        (5) if the cardholder is a designated caregiver, the
5    random alphanumeric identification number of the
6    registered qualifying patient the designated caregiver is
7    receiving the registry identification card to assist; and
8        (6) a photograph of the cardholder, if required by
9    Department of Public Health rules.
10    (c) To maintain a valid registration identification card, a
11registered qualifying patient and caregiver must annually
12resubmit, at least 45 days prior to the expiration date stated
13on the registry identification card, a completed renewal
14application, renewal fee, and accompanying documentation as
15described in Department of Public Health rules. The Department
16of Public Health shall send a notification to a registered
17qualifying patient or registered designated caregiver 90 days
18prior to the expiration of the registered qualifying patient's
19or registered designated caregiver's identification card. If
20the Department of Public Health fails to grant or deny a
21renewal application received in accordance with this Section,
22then the renewal is deemed granted and the registered
23qualifying patient or registered designated caregiver may
24continue to use the expired identification card until the
25Department of Public Health denies the renewal or issues a new
26identification card.



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1    (d) Except as otherwise provided in this Section, the
2expiration date is one year after the date of issuance.
3    (e) The Department of Public Health may electronically
4store in the card any or all of the information listed in
5subsection (b), along with the address and date of birth of the
6cardholder and the qualifying patient's designated dispensary
7organization, to allow it to be read by law enforcement agents.
8    (f) The Department of Public Health shall adopt rules for
9the issuance of a registry identification card that is of a
10distinct nature for qualifying patients who are under 18 years
11of age and suffer from seizures, including those characteristic
12of epilepsy, or a debilitating medical condition approved by
13the Department of Public Health for registered qualifying
14patients under 18 years of age pursuant to subsection (b) of
15Section 45 of this Act and their caregivers. Only a parent or
16legal guardian of a registered qualifying patient under 18
17years of age can be designated as the patient's caregiver. The
18caregiver's registry identification card shall contain a
19notification that the caregiver can only purchase cannabis in
20the form of medical cannabis infused products. The registered
21qualifying patient's registry identification card shall
22contain a notification that the registered qualifying patient
23may not purchase any usable cannabis. The Department of Public
24Health shall adopt rules for providing new registry
25identification cards to a registered qualifying patient and his
26or her caregiver upon the registered qualifying patient



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1becoming 18 years of age.
2(Source: P.A. 98-122, eff. 1-1-14.)".