Rep. Lou Lang

Filed: 5/28/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 33

2    AMENDMENT NO. ______. Amend Senate Bill 33 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 Section 10 as follows:
 
6    (410 ILCS 130/10)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 10. Definitions. The following terms, as used in this
9Act, shall have the meanings set forth in this Section:
10    (a) "Adequate supply" means:
11        (1) 2.5 ounces of usable cannabis during a period of 14
12    days and that is derived solely from an intrastate source.
13        (2) Subject to the rules of the Department of Public
14    Health, a patient may apply for a waiver where a physician
15    provides a substantial medical basis in a signed, written
16    statement asserting that, based on the patient's medical

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1and price of medical cannabis purchased by a registered
2qualifying patient.
3    (y) "Written certification" means a document dated and
4signed by a physician, stating (1) that in the physician's
5professional opinion the patient is likely to receive
6therapeutic or palliative benefit from the medical use of
7cannabis to treat or alleviate the patient's debilitating
8medical condition or symptoms associated with the debilitating
9medical condition; (2) that the qualifying patient has a
10debilitating medical condition and specifying the debilitating
11medical condition the qualifying patient has; and (3) that the
12patient is under the physician's care for the debilitating
13medical condition. A written certification shall be made only
14in the course of a bona fide physician-patient relationship,
15after the physician has completed an assessment of the
16qualifying patient's medical history, reviewed relevant
17records related to the patient's debilitating condition, and
18conducted a physical examination.
19    A veteran who has received treatment at a VA hospital shall
20be deemed to have a bona fide physician-patient relationship
21with a VA physician if the patient has been seen for his or her
22debilitating medical condition at the VA Hospital in accordance
23with VA Hospital protocols.
24    A bona fide physician-patient relationship under this
25subsection is a privileged communication within the meaning of
26Section 8-802 of the Code of Civil Procedure.

 

 

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1(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
 
2    Section 10. The Firearm Owners Identification Card Act is
3amended by changing Section 1.1 as follows:
 
4    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
5    Sec. 1.1. For purposes of this Act:
6    "Addicted to narcotics" means a person who has been:
7        (1) convicted of an offense involving the use or
8    possession of cannabis, a controlled substance, or
9    methamphetamine within the past year; or
10        (2) determined by the Department of State Police to be
11    addicted to narcotics based upon federal law or federal
12    guidelines.
13    "Addicted to narcotics" does not include possession or use
14of a prescribed controlled substance under the direction and
15authority of a physician or other person authorized to
16prescribe the controlled substance when the controlled
17substance is used in the prescribed manner.
18    Notwithstanding any other provision of this Act, federal
19law, or federal guidelines, the determination of whether a
20person is addicted to narcotics shall not be based on the
21status of the person as a registered qualifying patient or
22registered caregiver under the Compassionate Use of Medical
23Cannabis Pilot Program Act.
24    "Adjudicated as a mentally disabled person" means the

 

 

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1person is the subject of a determination by a court, board,
2commission or other lawful authority that the person, as a
3result of marked subnormal intelligence, or mental illness,
4mental impairment, incompetency, condition, or disease:
5        (1) presents a clear and present danger to himself,
6    herself, or to others;
7        (2) lacks the mental capacity to manage his or her own
8    affairs or is adjudicated a disabled person as defined in
9    Section 11a-2 of the Probate Act of 1975;
10        (3) is not guilty in a criminal case by reason of
11    insanity, mental disease or defect;
12        (3.5) is guilty but mentally ill, as provided in
13    Section 5-2-6 of the Unified Code of Corrections;
14        (4) is incompetent to stand trial in a criminal case;
15        (5) is not guilty by reason of lack of mental
16    responsibility under Articles 50a and 72b of the Uniform
17    Code of Military Justice, 10 U.S.C. 850a, 876b;
18        (6) is a sexually violent person under subsection (f)
19    of Section 5 of the Sexually Violent Persons Commitment
20    Act;
21        (7) is a sexually dangerous person under the Sexually
22    Dangerous Persons Act;
23        (8) is unfit to stand trial under the Juvenile Court
24    Act of 1987;
25        (9) is not guilty by reason of insanity under the
26    Juvenile Court Act of 1987;

 

 

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1        (10) is subject to involuntary admission as an
2    inpatient as defined in Section 1-119 of the Mental Health
3    and Developmental Disabilities Code;
4        (11) is subject to involuntary admission as an
5    outpatient as defined in Section 1-119.1 of the Mental
6    Health and Developmental Disabilities Code;
7        (12) is subject to judicial admission as set forth in
8    Section 4-500 of the Mental Health and Developmental
9    Disabilities Code; or
10        (13) is subject to the provisions of the Interstate
11    Agreements on Sexually Dangerous Persons Act.
12    "Clear and present danger" means a person who:
13        (1) communicates a serious threat of physical violence
14    against a reasonably identifiable victim or poses a clear
15    and imminent risk of serious physical injury to himself,
16    herself, or another person as determined by a physician,
17    clinical psychologist, or qualified examiner; or
18        (2) demonstrates threatening physical or verbal
19    behavior, such as violent, suicidal, or assaultive
20    threats, actions, or other behavior, as determined by a
21    physician, clinical psychologist, qualified examiner,
22    school administrator, or law enforcement official.
23    "Clinical psychologist" has the meaning provided in
24Section 1-103 of the Mental Health and Developmental
25Disabilities Code.
26    "Controlled substance" means a controlled substance or

 

 

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1controlled substance analog as defined in the Illinois
2Controlled Substances Act.
3    "Counterfeit" means to copy or imitate, without legal
4authority, with intent to deceive.
5    "Developmentally disabled" means a disability which is
6attributable to any other condition which results in impairment
7similar to that caused by an intellectual disability and which
8requires services similar to those required by intellectually
9disabled persons. The disability must originate before the age
10of 18 years, be expected to continue indefinitely, and
11constitute a substantial handicap.
12    "Federally licensed firearm dealer" means a person who is
13licensed as a federal firearms dealer under Section 923 of the
14federal Gun Control Act of 1968 (18 U.S.C. 923).
15    "Firearm" means any device, by whatever name known, which
16is designed to expel a projectile or projectiles by the action
17of an explosion, expansion of gas or escape of gas; excluding,
18however:
19        (1) any pneumatic gun, spring gun, paint ball gun, or
20    B-B gun which expels a single globular projectile not
21    exceeding .18 inch in diameter or which has a maximum
22    muzzle velocity of less than 700 feet per second;
23        (1.1) any pneumatic gun, spring gun, paint ball gun, or
24    B-B gun which expels breakable paint balls containing
25    washable marking colors;
26        (2) any device used exclusively for signalling or

 

 

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1    safety and required or recommended by the United States
2    Coast Guard or the Interstate Commerce Commission;
3        (3) any device used exclusively for the firing of stud
4    cartridges, explosive rivets or similar industrial
5    ammunition; and
6        (4) an antique firearm (other than a machine-gun)
7    which, although designed as a weapon, the Department of
8    State Police finds by reason of the date of its
9    manufacture, value, design, and other characteristics is
10    primarily a collector's item and is not likely to be used
11    as a weapon.
12    "Firearm ammunition" means any self-contained cartridge or
13shotgun shell, by whatever name known, which is designed to be
14used or adaptable to use in a firearm; excluding, however:
15        (1) any ammunition exclusively designed for use with a
16    device used exclusively for signalling or safety and
17    required or recommended by the United States Coast Guard or
18    the Interstate Commerce Commission; and
19        (2) any ammunition designed exclusively for use with a
20    stud or rivet driver or other similar industrial
21    ammunition.
22    "Gun show" means an event or function:
23        (1) at which the sale and transfer of firearms is the
24    regular and normal course of business and where 50 or more
25    firearms are displayed, offered, or exhibited for sale,
26    transfer, or exchange; or

 

 

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1        (2) at which not less than 10 gun show vendors display,
2    offer, or exhibit for sale, sell, transfer, or exchange
3    firearms.
4    "Gun show" includes the entire premises provided for an
5event or function, including parking areas for the event or
6function, that is sponsored to facilitate the purchase, sale,
7transfer, or exchange of firearms as described in this Section.
8    "Gun show" does not include training or safety classes,
9competitive shooting events, such as rifle, shotgun, or handgun
10matches, trap, skeet, or sporting clays shoots, dinners,
11banquets, raffles, or any other event where the sale or
12transfer of firearms is not the primary course of business.
13    "Gun show promoter" means a person who organizes or
14operates a gun show.
15    "Gun show vendor" means a person who exhibits, sells,
16offers for sale, transfers, or exchanges any firearms at a gun
17show, regardless of whether the person arranges with a gun show
18promoter for a fixed location from which to exhibit, sell,
19offer for sale, transfer, or exchange any firearm.
20    "Intellectually disabled" means significantly subaverage
21general intellectual functioning which exists concurrently
22with impairment in adaptive behavior and which originates
23before the age of 18 years.
24    "Involuntarily admitted" has the meaning as prescribed in
25Sections 1-119 and 1-119.1 of the Mental Health and
26Developmental Disabilities Code.

 

 

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1    "Mental health facility" means any licensed private
2hospital or hospital affiliate, institution, or facility, or
3part thereof, and any facility, or part thereof, operated by
4the State or a political subdivision thereof which provide
5treatment of persons with mental illness and includes all
6hospitals, institutions, clinics, evaluation facilities,
7mental health centers, colleges, universities, long-term care
8facilities, and nursing homes, or parts thereof, which provide
9treatment of persons with mental illness whether or not the
10primary purpose is to provide treatment of persons with mental
11illness.
12    "Patient" means:
13        (1) a person who voluntarily receives mental health
14    treatment as an in-patient or resident of any public or
15    private mental health facility, unless the treatment was
16    solely for an alcohol abuse disorder and no other secondary
17    substance abuse disorder or mental illness; or
18        (2) a person who voluntarily receives mental health
19    treatment as an out-patient or is provided services by a
20    public or private mental health facility, and who poses a
21    clear and present danger to himself, herself, or to others.
22    "Physician" has the meaning as defined in Section 1-120 of
23the Mental Health and Developmental Disabilities Code.
24    "Qualified examiner" has the meaning provided in Section
251-122 of the Mental Health and Developmental Disabilities Code.
26    "Sanctioned competitive shooting event" means a shooting

 

 

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1contest officially recognized by a national or state shooting
2sport association, and includes any sight-in or practice
3conducted in conjunction with the event.
4    "School administrator" means the person required to report
5under the School Administrator Reporting of Mental Health Clear
6and Present Danger Determinations Law.
7    "Stun gun or taser" has the meaning ascribed to it in
8Section 24-1 of the Criminal Code of 2012.
9(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1097-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
 
11    Section 15. The Firearm Concealed Carry Act is amended by
12changing Section 25 as follows:
 
13    (430 ILCS 66/25)
14    Sec. 25. Qualifications for a license.
15    The Department shall issue a license to an applicant
16completing an application in accordance with Section 30 of this
17Act if the person:
18        (1) is at least 21 years of age;
19        (2) has a currently valid Firearm Owner's
20    Identification Card and at the time of application meets
21    the requirements for the issuance of a Firearm Owner's
22    Identification Card and is not prohibited under the Firearm
23    Owners Identification Card Act or federal law from
24    possessing or receiving a firearm;

 

 

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1        (3) has not been convicted or found guilty in this
2    State or in any other state of:
3            (A) a misdemeanor involving the use or threat of
4        physical force or violence to any person within the 5
5        years preceding the date of the license application; or
6            (B) 2 or more violations related to driving while
7        under the influence of alcohol, other drug or drugs,
8        intoxicating compound or compounds, or any combination
9        thereof, within the 5 years preceding the date of the
10        license application;
11        (4) is not the subject of a pending arrest warrant,
12    prosecution, or proceeding for an offense or action that
13    could lead to disqualification to own or possess a firearm;
14        (5) has not been in residential or court-ordered
15    treatment for alcoholism, alcohol detoxification, or drug
16    treatment within the 5 years immediately preceding the date
17    of the license application; and
18        (6) has completed firearms training and any education
19    component required under Section 75 of this Act; and .
20        (7) is not a registered qualifying patient under the
21    Compassionate Use of Medical Cannabis Pilot Program Act.
22(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".