Sen. Iris Y. Martinez

Filed: 1/31/2014





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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 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8    (Section scheduled to be repealed on January 1, 2018)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



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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 130/60)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 60. Issuance of registry identification cards.
6    (a) Except as provided in subsection (b), the Department of
7Public Health shall:
8        (1) verify the information contained in an application
9    or renewal for a registry identification card submitted
10    under this Act, and approve or deny an application or
11    renewal, within 30 days of receiving a completed
12    application or renewal application and all supporting
13    documentation specified in Section 55;
14        (2) issue registry identification cards to a
15    qualifying patient and his or her designated caregiver, if
16    any, within 15 business days of approving the application
17    or renewal;
18        (3) enter the registry identification number of the
19    registered dispensing organization the patient designates
20    into the verification system; and
21        (4) allow for an electronic application process, and
22    provide a confirmation by electronic or other methods that
23    an application has been submitted.
24    (b) The Department of Public Health may not issue a
25registry identification card to a qualifying patient who is



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1under 18 years of age, unless that patient suffers from
2seizures, including those characteristic of epilepsy. The
3Department of Public Health shall adopt rules for the issuance
4of a registry identification card for qualifying patients who
5are under 18 years of age and suffering from seizures,
6including those characteristic of epilepsy.
7    (c) A veteran who has received treatment at a VA hospital
8is deemed to have a bona fide physician-patient relationship
9with a VA physician if the patient has been seen for his or her
10debilitating medical condition at the VA hospital in accordance
11with VA hospital protocols. All reasonable inferences
12regarding the existence of a bona fide physician-patient
13relationship shall be drawn in favor of an applicant who is a
14veteran and has undergone treatment at a VA hospital.
15    (d) Upon the approval of the registration and issuance of a
16registry card under this Section, the Department of Public
17Health shall forward the designated caregiver or registered
18qualified patient's driver's registration number to the
19Secretary of State and certify that the individual is permitted
20to engage in the medical use of cannabis. For the purposes of
21law enforcement, the Secretary of State shall make a notation
22on the person's driving record stating the person is a
23registered qualifying patient who is entitled to the lawful
24medical use of cannabis. If the person no longer holds a valid
25registry card, the Department shall notify the Secretary of
26State and the Secretary of State shall remove the notation from



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1the person's driving record. The Department and the Secretary
2of State may establish a system by which the information may be
3shared electronically.
4(Source: P.A. 98-122, eff. 1-1-14.)".