Illinois General Assembly - Full Text of HB0030
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Full Text of HB0030  97th General Assembly

HB0030eng 97TH GENERAL ASSEMBLY



 


 
HB0030 EngrossedLRB097 03078 RLC 43111 b

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

 

 

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

 

 

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1    (g) State law should make a distinction between the medical
2and non-medical uses of cannabis. Hence, the purpose of this
3Act is to protect patients with debilitating medical
4conditions, as well as their physicians and providers, from
5arrest and prosecution, criminal and other penalties, and
6property forfeiture if such patients engage in the medical use
7of cannabis.
 
8    Section 10. Definitions. The following terms, as used in
9this Act, 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, a patient
14    may apply for a waiver where a physician provides a
15    substantial medical basis in a signed, written statement
16    asserting that, based on the patient's medical history, in
17    the physician's professional judgment, 2.5 ounces is an
18    insufficient adequate supply for a 14-day period to
19    properly alleviate the patient's debilitating medical
20    condition or symptoms associated with the debilitating
21    medical condition;
22        (3) This subsection shall not be construed to authorize
23    the possession of more than 2.5 ounces at any time without
24    authority from the Department.
25    (b) "Cannabis" has the meaning given that term in Section 3

 

 

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1of the Cannabis Control Act.
2    (c) "Cardholder" means a qualifying patient or a designated
3caregiver who has been issued and possesses a valid registry
4identification card.
5    (d) "Debilitating medical condition" means one or more of
6the following:
7        (1) cancer, glaucoma, positive status for human
8    immunodeficiency virus, acquired immune deficiency
9    syndrome, hepatitis C, amyotrophic lateral sclerosis,
10    Crohn's disease, agitation of Alzheimer's disease,
11    cachexia/wasting syndrome, muscular dystrophy, severe
12    fibromyalgia, spinal cord disease, including but not
13    limited to arachnoiditis, Tarlov cysts, hydromyelia,
14    syringomyelia, spinal cord injury, traumatic brain injury
15    and post-concussion syndrome, Multiple Sclerosis,
16    Arnold-Chiari malformation & Syringomyelia,
17    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
18    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
19    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
20    (Complex Regional Pain Syndromes Type II),
21    Neurofibromatosis, Chronic Inflammatory Demyelinating
22    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
23    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
24    syndrome, or the treatment of these conditions; or
25        (2) any other debilitating medical condition or its
26    treatment shall be added by the Department by rule as

 

 

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1    provided for in Section 30.
2    (e) "Department" means the Department of Public Health or
3its successor agency.
4    (f) "Designated caregiver" means a person who:
5        (1) is at least 21 years of age;
6        (2) has agreed to assist with a patient's medical use
7    of cannabis;
8        (3) has not been convicted of an excluded offense; and
9        (4) assists no more than one qualifying patient with
10    his or her medical use of cannabis.
11    (g) "Enclosed, locked facility" means a closet, room,
12greenhouse, building, or other enclosed area equipped with
13locks or other security devices that permit access only by a
14nonprofit medical cannabis organization's agents working for
15the registered nonprofit medical cannabis organization to
16cultivate the plants for a registered qualifying patient.
17    (h) "Excluded offense" means:
18        (1) a violent crime defined in Section 3 of the Rights
19    of Crime Victims and Witnesses Act or a substantially
20    similar offense that was classified as a felony in the
21    jurisdiction where the person was convicted; or
22        (2) a violation of a state or federal controlled
23    substance law that was classified as a felony in the
24    jurisdiction where the person was convicted, except that
25    the Department shall waive this restriction if the person
26    demonstrates to the Department's satisfaction that his or

 

 

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1    her conviction was for the possession, cultivation,
2    transfer, or delivery of a reasonable amount of cannabis
3    intended for medical use. This exception shall not apply if
4    the conviction was under state law and involved a violation
5    of an existing medical cannabis law.
6    (i) "Nonprofit medical cannabis organization agent" means
7a principal officer, board member, employee, or agent of a
8registered nonprofit medical cannabis organization who is 21
9years of age or older and has not been convicted of an excluded
10offense.
11    (j) "Nonprofit medical cannabis organization agent
12identification card" means a document issued by the Department
13that identifies a person as a nonprofit medical cannabis
14organization agent.
15    (k) "Medical use" means the acquisition; administration;
16delivery; possession; transfer; transportation; or use of
17cannabis or paraphernalia relating to the administration 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    (l) "Physician" means a doctor of medicine or doctor of
22osteopathy licensed under the Medical Practice Act of 1987 to
23practice medicine in all its branches who has the authority to
24prescribe drugs to humans under Article III of the Illinois
25Controlled Substances Act. It does not include a licensed
26practitioner under any other Act including but not limited to

 

 

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1the Illinois Dental Practice Act. In relation to a visiting
2qualifying patient, "physician" means a person who is licensed
3as a doctor of medicine or doctor of osteopathy who has
4authority to prescribe drugs to humans in the state of the
5patient's residence.
6    (m) "Qualifying patient" means a person who has been
7diagnosed by a physician as having a debilitating medical
8condition. "Qualifying patient" does not include active public
9safety personnel. For the purposes of this Act, "active public
10safety personnel" means a person who is not off work due to a
11permanent or temporary disability and who is a non-retired: (1)
12law enforcement officer, (2) paramedic, (3) emergency medical
13technician, (4) firefighter, or (5) State or county
14correctional officer.
15    (n) "Registered nonprofit medical cannabis organization"
16means a not-for-profit entity that:
17        (1) is organized pursuant to the General Not for Profit
18    Corporation Act of 1986 provided that it has not been
19    formed by a for-profit entity organized under the laws of
20    this or any other state;
21        (2) is registered with the Department pursuant to
22    Section 65; and
23        (3) acquires, possesses, cultivates, manufactures,
24    delivers, transfers, transports, sells, supplies, or
25    dispenses cannabis, paraphernalia, or related supplies and
26    educational materials to registered qualifying patients.

 

 

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1    Nothing in this subsection (n) shall be construed as
2prohibiting a nonprofit medical cannabis organization from
3receiving payment for all expenses incurred in its operation.
4    (o) "Registry identification card" means a document issued
5by the Department that identifies a person as a registered
6qualifying patient or registered designated caregiver.
7    (p) "Usable cannabis" means the flowers of the cannabis
8plant and any mixture or preparation thereof, but does not
9include the seeds, stalks, and roots of the plant. It does not
10include the weight of any non-cannabis ingredients combined
11with cannabis, such as ingredients added to prepare a topical
12administration, food, or drink.
13    (q) "Verification system" means a Web-based system
14established and maintained by the Department that is available
15to law enforcement personnel and nonprofit medical cannabis
16organization agents on a 24-hour basis for the verification of
17registry identification cards.
18    (r) "Visiting qualifying patient" means a person who:
19        (1) has been diagnosed with a debilitating medical
20    condition;
21        (2) possesses a valid registry identification card, or
22    its equivalent, that was issued pursuant to the laws of
23    another state, district, territory, commonwealth, insular
24    possession of the United States, or country recognized by
25    the United States that allows the person to use cannabis
26    for medical purposes in the jurisdiction of issuance; and

 

 

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1        (3) is not a resident of Illinois and has been visiting
2    Illinois for 30 days or less or who has been a resident of
3    Illinois for less than 30 days.
4    (s) "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 what
12debilitating medical condition the qualifying patient has; and
13(3) that the patient is under the physician's care for the
14debilitating medical condition. A written certification shall
15be made only in the course of a bona fide physician-patient
16relationship, after the physician has completed an assessment
17of the qualifying patient's medical history upon a complete
18review of records related to the patient's debilitating
19condition and conducted a physical exam. A bona fide
20physician-patient relationship under this subsection is a
21privileged communication within the meaning of Section 8-802 of
22the Code of Civil Procedure.
 
23    Section 15. Immunities and presumptions related to the
24medical use of cannabis.
25    (a) A registered qualifying patient shall not be subject to

 

 

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

 

 

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1adequate supply of usable cannabis. A visiting qualifying
2patient may not purchase cannabis from a nonprofit medical
3dispensary until he or she receives a written certification
4from an Illinois physician and an Illinois registry card as
5provided for under this Act.
6    (2) If a person in possession of no more than an adequate
7supply of usable cannabis claims to be a visiting qualifying
8patient, but the law enforcement agent is not able to verify
9the registry identification card or its equivalent or that the
10person has been in the State for 30 days or less, the agent may
11issue the visiting qualifying patient a summons for possession
12of cannabis. The summons shall be dismissed if the person
13demonstrates his or her status as a visiting qualifying
14patient.
15    (d) A registered qualifying patient, visiting qualifying
16patient, or registered designated caregiver shall not be
17subject to arrest, prosecution, or denial of any right or
18privilege, including but not limited to civil penalty or
19disciplinary action by a occupational or professional
20licensing board for possession of cannabis that is incidental
21to medical use, but is not usable cannabis as defined in this
22Act.
23    (e)(1) There shall be a rebuttable presumption that a
24qualifying patient is engaged in, or a designated caregiver is
25assisting with, the medical use of cannabis in accordance with
26this Act if 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    (f) 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, solely for
16providing written certifications or for otherwise stating
17that, in the physician's professional opinion, a patient is
18likely to receive therapeutic or palliative benefit from the
19medical use of cannabis to treat or alleviate the patient's
20debilitating medical condition or symptoms associated with the
21debilitating medical condition, provided that nothing shall
22prevent a professional licensing board from sanctioning a
23physician 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    (g) 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, 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;
11        (2) being in the presence or vicinity of the medical
12    use of cannabis as allowed under this Act; or
13        (3) assisting a registered qualifying patient with the
14    act of administering cannabis.
15    (h) A registered nonprofit medical cannabis organization
16shall not be subject to prosecution; search or inspection,
17except by the Department pursuant to subsection (r) of Section
1885; seizure; or penalty in any manner, or be denied any right
19or privilege, including but not limited to civil penalty or
20disciplinary action by a business licensing board or entity,
21for acting pursuant to this Act and Department rules to:
22acquire, possess, cultivate, manufacture, deliver, transfer,
23transport, supply, sell, or dispense cannabis or related
24supplies and educational materials to registered qualifying
25patients who have designated the medical cannabis organization
26to provide for them, to registered designated caregivers on

 

 

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1behalf of the registered qualifying patients who have
2designated the registered nonprofit medical cannabis
3organization.
4    (i) A nonprofit medical cannabis organization agent shall
5not be subject to prosecution, search, or penalty in any
6manner, or be denied any right or privilege, including but not
7limited to civil penalty or disciplinary action by a business
8licensing board or entity, for working or volunteering for a
9registered nonprofit medical cannabis organization pursuant to
10this Act and Department rules, including to perform the actions
11listed under subsection (h).
12    (j) Any cannabis, cannabis paraphernalia, licit property,
13or interest in licit property that is possessed, owned, or used
14in connection with the medical use of cannabis as allowed under
15this Act, or acts incidental to such use, shall not be seized
16or forfeited. This Act shall not prevent the seizure or
17forfeiture of cannabis exceeding the amounts allowed under this
18Act, nor shall it prevent seizure or forfeiture if the basis
19for the action is unrelated to the cannabis that is possessed,
20manufactured, transferred, or used pursuant to this Act.
21    (k) Mere possession of, or application for, a registry
22identification card or registration certificate shall not
23constitute probable cause or reasonable suspicion, nor shall it
24be used as the sole basis to support the search of the person,
25property, or home of the person possessing or applying for the
26registry identification card. The possession of, or

 

 

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1application for, a registry identification card shall not
2preclude the existence of probable cause if probable cause
3exists on other grounds.
4    (l) Nothing in this Act shall preclude law enforcement from
5searching a registered nonprofit medical cannabis organization
6where there is probable cause to believe that the criminal laws
7of this State have been violated and the search is conducted in
8conformity with the Illinois Constitution and the Constitution
9of the United States.
 
10    Section 20. Limitations and penalties.
11    (a) This Act shall not permit any person to engage in, and
12does not prevent the imposition of any civil, criminal, or
13other penalties for engaging in, the following conduct:
14        (1) Undertaking any task under the influence of
15    cannabis, when doing so would constitute negligence or
16    professional malpractice;
17        (2) Possessing cannabis, or otherwise engaging in the
18    medical use of cannabis:
19            (A) in a school bus;
20            (B) on the grounds of any preschool or primary or
21        secondary school; or
22            (C) in any correctional facility.
23        (3) Smoking cannabis:
24            (A) on any form of public transportation; or
25            (B) in any public place.

 

 

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1        (4) Operating, navigating, or being in actual physical
2    control of any motor vehicle, aircraft, or motorboat while
3    under the influence of cannabis in violation of Sections
4    11-501 and 11-501.9 of the Illinois Vehicle Code.
5        (5) Using cannabis if that person does not have a
6    debilitating medical condition.
7        (6) Allowing any person who is not allowed to use
8    cannabis under this Act to use cannabis that a cardholder
9    is allowed to possess pursuant to this Act.
10        (7) Transferring cannabis to any person contrary to the
11    provisions of this Act.
12    (b) Nothing in this Act shall be construed to prevent the
13arrest or prosecution of a registered qualifying patient for
14reckless driving or driving under the influence of cannabis
15where probable cause exists.
16    (c) Notwithstanding all other criminal penalties related
17to the unlawful possession of cannabis, fraudulent
18representation to a law enforcement official of any fact or
19circumstance relating to the medical use of cannabis to avoid
20arrest or prosecution is a petty offense punishable by a fine
21of up to $1,000, which shall be in addition to any other
22penalties that may apply for making a false statement or for
23the use of cannabis other than use undertaken pursuant to this
24Act.
25    (d) Notwithstanding all other criminal penalties related
26to the unlawful possession of cannabis, any person who

 

 

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1fraudulently represents a medical condition to a physician or
2fraudulently provides material misinformation to a physician
3in order to obtain written certification is guilty of a petty
4offense punishable by a fine of up to $1,000.
5    (e) Any cardholder or registered caregiver who sells
6cannabis shall have his or her registry identification card
7revoked and shall be subject to other penalties for the
8unauthorized sale of cannabis.
9    (f) Any registered qualifying patient who commits a
10violation of Section 11-501.9 of the Illinois Vehicle Code or
11refuses a properly requested test related to operating a motor
12vehicle while under the influence of cannabis shall have his or
13her registry identification card revoked.
14    (g) No registered qualifying patient or designated
15caregiver shall knowingly obtain, seek to obtain, or possess,
16individually or collectively, an amount of usable cannabis from
17a registered nonprofit medical cannabis organization that
18would cause him or her to exceed the authorized adequate supply
19under subsection (a) of Section 10.
 
20    Section 25. Discrimination prohibited.
21    (a)(1) No school, employer, or landlord may refuse to
22enroll or lease to, or otherwise penalize, a person solely for
23his or her status as a registered qualifying patient or a
24registered designated caregiver, unless failing to do so would
25put the school, employer, or landlord in violation of federal

 

 

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1law or unless failing to do so would cause it to lose a
2monetary or licensing-related benefit under federal law or
3rules. This shall not prevent a landlord from prohibiting the
4smoking of cannabis on the premises.
5    (2) For the purposes of medical care, including organ
6transplants, a registered qualifying patient's authorized use
7of cannabis in accordance with this Act shall be considered the
8equivalent of the authorized use of any other medication used
9at the direction of a physician, and shall not constitute the
10use of an illicit substance or otherwise disqualify a
11qualifying patient from needed medical care.
12    (b) A person otherwise entitled to custody of or visitation
13or parenting time with a minor shall not be denied such a
14right, and there shall be no presumption of neglect or child
15endangerment, for conduct allowed under this Act, unless the
16person's actions in relation to cannabis were such that they
17created an unreasonable danger to the safety of the minor as
18established by clear and convincing evidence.
19    (c) No school, landlord, or employer may be penalized or
20denied any benefit under state law for enrolling, leasing to,
21or employing a cardholder.
22    (d) Nothing in this Act may be construed to require a
23government medical assistance program or private health
24insurer to reimburse a person for costs associated with the
25medical use of cannabis.
26    (e) Nothing in this Act may be construed to require any

 

 

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1person or establishment in lawful possession of property to
2allow a guest, client, customer, or visitor to smoke cannabis
3on or in that property.
 
4    Section 30. Addition of debilitating medical conditions.
5Any citizen may petition the Department to add debilitating
6conditions or treatments to the list of debilitating medical
7conditions listed in subsection (d) of Section 10. The
8Department shall consider petitions in the manner required by
9Department rule, including public notice and hearing. The
10Department shall approve or deny a petition within 180 days of
11its submission, and, upon approval, shall proceed to add such
12condition by rule. The approval or denial of any petition is a
13final decision of the Department, subject to judicial review.
14Jurisdiction and venue are vested in the Circuit Court.
 
15    Section 35. Employment; employer liability.
16    (a) Nothing in this Act shall prohibit an employer from
17adopting reasonable regulations concerning the consumption,
18storage, or timekeeping requirements for qualifying patients
19related to the use of medical cannabis.
20    (b) Nothing in this Act shall prohibit an employer from
21enforcing a policy concerning drug testing, zero-tolerance, or
22a drug free workplace provided such policy is applied in a
23nondiscriminatory manner.
24    (c) Nothing in this Act shall limit an employer from

 

 

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1disciplining a qualifying patient for violating a workplace
2drug policy.
3    (d) Nothing in this Act shall limit an employer's ability
4to discipline an employee for failing a drug test if failing to
5do so would put the employer in violation of federal law or
6cause it to lose a federal contract or funding.
7    (e) Nothing in this Act shall be construed to create a
8defense for a third party who fails a drug test.
9    (f) An employer may consider a qualifying patient to be
10impaired when he or she manifests specific, articulable
11symptoms while working that decrease or lessen his or her
12performance of the duties or tasks of the employee's job
13position, including symptoms of the employee's speech,
14physical dexterity, agility, coordination, demeanor,
15irrational or unusual behavior, negligence or carelessness in
16operating equipment or machinery, disregard for the safety of
17the employee or others, or involvement in an accident that
18results in serious damage to equipment or property, disruption
19of a production or manufacturing process, or carelessness that
20results in any injury to the employee or others. If an employer
21elects to discipline a qualifying patient under this
22subsection, it must afford the employee a reasonable
23opportunity to contest the basis of the determination.
24    (g) Notwithstanding subsection (b), an employer may
25presume a registered qualifying patient to be impaired where
26the level of cannabis in the person's blood or urine is greater

 

 

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1than the limits set for in subsection (b) of Section 11-501.9
2of the Illinois Vehicle Code.
3    (h) Nothing in this Act shall be construed to create or
4imply a cause of action for any person against an employer for:
5        (1) actions based on the employer's good faith belief
6    that a registered qualifying patient used or possessed
7    cannabis while on the employer's premises or during the
8    hours of employment;
9        (2) actions based on the employer's good faith belief
10    that a registered qualifying patient was impaired while
11    working on the employer's premises during the hours of
12    employment;
13        (3) injury or loss to a third party so long as the
14    employer neither knew nor had reason to know that the
15    employee was impaired.
16    (i) Nothing in this Act shall be construed to interfere
17with any federal restrictions on employment including but not
18limited to the United States Department of Transportation
19regulation 49 CFR 40.151(e).
 
20    Section 40. Registration of qualifying patients and
21designated caregivers.
22    (a) The Department shall issue registry identification
23cards to qualifying patients who submit the following, in
24accordance with the Department's rules:
25        (1) a written certification, on a form developed by the

 

 

HB0030 Engrossed- 22 -LRB097 03078 RLC 43111 b

1    Department and issued by a physician, within 90 days
2    immediately preceding the date of an 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 to confirm that
7    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;
13        (4) the name, address, and date of birth of the
14    qualifying patient, except that if the applicant is
15    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 nonprofit medical
22    cannabis organization the qualifying patient designates;
23    and
24        (8) signed statements from the patient and designated
25    caregiver asserting that they will not divert medical
26    cannabis.
 

 

 

HB0030 Engrossed- 23 -LRB097 03078 RLC 43111 b

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 30 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 nonprofit medical cannabis organization the
13    patient 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

 

 

HB0030 Engrossed- 24 -LRB097 03078 RLC 43111 b

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    (c) The registry identification card of or its equivalent
8that is issued under the laws of another state, district,
9territory, commonwealth, or insular possession of the United
10States that allows that visiting qualifying patient to possess
11or use medical cannabis shall not authorize a visiting
12qualifying patient to obtain cannabis from a registered
13nonprofit medical cannabis dispensary.
14    (d) A veteran who has received treatment at a VA hospital
15may have a bona fide physician-patient relationship so long as
16the doctor has taken over an aspect of care related to the
17debilitating condition and the patient meets all other
18statutory requirements. All reasonable inferences regarding
19the existence of a bona fide physician-patient relationship
20shall be drawn in favor of any applicant who is a veteran and
21has undergone treatment at a VA hospital.
22    (e) Upon the approval of the registration and issuance of a
23registry card under this Section, the Department shall forward
24the patient's drivers license number to the Secretary of State
25and certify that the individual is permitted to engage in the
26medical use of cannabis. For the purposes of law enforcement,

 

 

HB0030 Engrossed- 25 -LRB097 03078 RLC 43111 b

1the Secretary of State shall make a notation on the person's
2driving record stating the person is a qualifying patient who
3is entitled to the lawful medical use of cannabis. If the
4person no longer holds a valid registry card, the Department
5shall notify the Secretary of State and the Secretary of State
6shall remove the notation from the person's driving record. The
7Department and the Secretary of State may establish a system by
8which such information may be shared electronically.
 
9    Section 50. Denial of registry identification cards.
10    (a) The Department may deny an application or renewal of a
11qualifying patient's registry identification card only if the
12applicant:
13        (1) did not provide the required information and
14    materials;
15        (2) previously had a registry identification card
16    revoked;
17        (3) did not meet the requirements of this Act; or
18        (4) provided false or falsified information.
19    (b) The Department may deny an application or renewal for a
20designated caregiver chosen by a qualifying patient whose
21registry identification card was granted only if:
22        (1) the designated caregiver does not meet the
23    requirements of subsection (f) of Section 10;
24        (2) the applicant did not provide the information
25    required;

 

 

HB0030 Engrossed- 26 -LRB097 03078 RLC 43111 b

1        (3) the prospective patient's application was denied;
2        (4) the designated caregiver previously had a registry
3    identification card revoked; or
4        (5) the applicant or the designated caregiver provided
5    false or falsified information.
6    (c) The Department shall conduct a background check of the
7prospective designated caregiver in order to carry out this
8provision. Each person applying as a designated caregiver shall
9submit a full set of fingerprints to the Department for the
10purpose of obtaining a state and federal criminal records
11check. The Department may exchange this data with the Federal
12Bureau of Investigation without disclosing that the records
13check is related to this Act. The Department shall destroy each
14set of fingerprints after the criminal records check is
15completed.
16    (d) The Department shall notify the qualifying patient who
17has designated someone to serve as his or her designated
18caregiver if a registry identification card will not be issued
19to the designated caregiver.
20    (e) Denial of an application or renewal is considered a
21final Department action, subject to judicial review.
22Jurisdiction and venue for judicial review are vested in the
23Circuit Court.
 
24    Section 55. Registry identification cards. A qualifying
25patient or designated caregiver must keep their registry

 

 

HB0030 Engrossed- 27 -LRB097 03078 RLC 43111 b

1identification card in their possession at all times when
2engaging in the medical use of cannabis.
3    (a) Registry identification cards shall contain all of the
4following:
5        (1) the name of the cardholder;
6        (2) a designation of whether the cardholder is a
7    designated caregiver or qualifying patient;
8        (3) the date of issuance and expiration date of the
9    registry identification card;
10        (4) a random 10-digit alphanumeric identification
11    number, containing at least 4 numbers and at least 4
12    letters, that is unique to the cardholder;
13        (5) if the cardholder is a designated caregiver, the
14    random 10-digit alphanumeric identification number of the
15    qualifying patient the designated caregiver is receiving
16    the registry identification card to assist; and
17        (6) a photograph of the cardholder, if the Department's
18    rules require one.
19    (b) Except as provided in this subsection, the expiration
20date shall be one year after the date of issuance.
21    (c) The Department may, at its discretion, electronically
22store in the card any or all of the information listed in
23subsection (a), along with the address and date of birth of the
24cardholder, to allow it to be read by law enforcement agents.
 
25    Section 60. Notifications to Department and responses;

 

 

HB0030 Engrossed- 28 -LRB097 03078 RLC 43111 b

1civil penalty.
2    (a) The following notifications and Department responses
3are required:
4        (1) A registered qualifying patient shall notify the
5    Department of any change in his or her name or address, or
6    if the registered qualifying patient ceases to have his or
7    her debilitating medical condition, within 10 days of the
8    change.
9        (2) A registered designated caregiver shall notify the
10    Department of any change in his or her name or address, or
11    if the designated caregiver becomes aware the qualifying
12    patient passed away, within 10 days of the change.
13        (3) Before a registered qualifying patient changes his
14    or her designated caregiver, the qualifying patient must
15    notify the Department.
16        (4) If a cardholder loses his or her registry
17    identification card, he or she shall notify the Department
18    within 10 days of becoming aware the card has been lost.
19    (b) When a cardholder notifies the Department of items
20listed in subsection (a), but remains eligible under this Act,
21the Department shall issue the cardholder a new registry
22identification card with a new random 10-digit alphanumeric
23identification number within 10 days of receiving the updated
24information and a $20 fee. If the person notifying the
25Department is a registered qualifying patient, the Department
26shall also issue his or her registered designated caregiver, if

 

 

HB0030 Engrossed- 29 -LRB097 03078 RLC 43111 b

1any, a new registry identification card within 10 days of
2receiving the updated information.
3    (c) If a registered qualifying patient ceases to be a
4registered qualifying patient or changes his or her registered
5designated caregiver, the Department shall promptly notify the
6designated caregiver. The registered designated caregiver's
7protections under this Act as to that qualifying patient shall
8expire 15 days after notification by the Department.
9    (d) A cardholder who fails to make a notification to the
10Department that is required by this Section is subject to a
11civil infraction, punishable by a penalty of no more than $150.
12    (e) A registered qualifying patient shall notify the
13Department before changing his or her designated registered
14nonprofit medical cannabis organization and pay a $20 fee. The
15Department must, within 5 business days of receiving the
16notification, update the registered qualifying patient's entry
17in the identification registry system to reflect the change in
18designation and notify the patient that the change has been
19processed.
20    (f) If the registered qualifying patient's certifying
21physician notifies the Department in writing that either the
22registered qualifying patient has ceased to suffer from a
23debilitating medical condition or that the physician no longer
24believes the patient would receive therapeutic or palliative
25benefit from the medical use of cannabis, the card shall become
26null and void. However, the registered qualifying patient shall

 

 

HB0030 Engrossed- 30 -LRB097 03078 RLC 43111 b

1have 15 days to destroy his or her remaining medical cannabis
2and related paraphernalia.
 
3    Section 65. Registration of nonprofit medical cannabis
4organization.
5    (a) Nonprofit medical cannabis organizations may only
6operate if they have been issued a valid registration
7certificate from the Department. When applying for a nonprofit
8medical cannabis organization registration certificate, the
9applicant shall submit the following in accordance with
10Department rules:
11        (1) A $5,000 non-refundable application fee and a
12    $20,000 certificate fee for those applicants selected by
13    the Department to receive a nonprofit medical cannabis
14    organization registration certificate. Such fees may be
15    adjusted subject to the discretion of the Department in
16    order to adequately fund the implementation and
17    enforcement of this Act.
18        (2) The proposed legal name of the medical cannabis
19    organization.
20        (3) The proposed physical address of the medical
21    cannabis organization.
22        (4) If the nonprofit medical cannabis organization
23    proposes a location that is different than the location
24    listed in paragraph (3) where cannabis will be cultivated,
25    harvested, packaged, labeled, or otherwise prepared for

 

 

HB0030 Engrossed- 31 -LRB097 03078 RLC 43111 b

1    distribution by the nonprofit medical cannabis
2    organization, the physical address of that location.
3    However, approval for operation at a location under this
4    Section that is different than the location listed in
5    paragraph (3) requires a variance to be issued subject to
6    the discretion of the Department. In such case where a
7    variance is granted, by no means shall more than one
8    separate location be granted per each individual medical
9    cannabis organization registration certificate.
10        (5) The name, address, and date of birth of each
11    principal officer and board member of the medical cannabis
12    organization, provided that all such individuals shall be
13    at least 21 years of age.
14        (6) Any instances in which a business or not-for-profit
15    that any of the prospective board members managed or served
16    on the board of was convicted, fined, censured, or had a
17    registration or license suspended or revoked in any
18    administrative or judicial proceeding.
19        (7) Proposed operating by-laws that include procedures
20    for the oversight of the nonprofit medical cannabis
21    organization and procedures to ensure accurate record
22    keeping and security measures that are in accordance with
23    the rules issued by the Department pursuant to this Act.
24    The by-laws shall include a description of the enclosed,
25    locked facility where medical cannabis will be grown,
26    cultivated, harvested, packaged, labeled, or otherwise

 

 

HB0030 Engrossed- 32 -LRB097 03078 RLC 43111 b

1    prepared for distribution by the medical cannabis
2    organization.
3        (8) Signed statements from each nonprofit medical
4    cannabis organization agent stating that they will not
5    divert medical cannabis.
6        (9) The Department shall conduct a background check of
7    the prospective nonprofit medical cannabis organization
8    agents in order to carry out this provision. Each person
9    applying as a nonprofit medical cannabis organization
10    agent shall submit a full set of fingerprints to the
11    department for the purpose of obtaining a state and federal
12    criminal records check. The Department may exchange this
13    data with the Federal Bureau of Investigation without
14    disclosing that the records check is related to this Act.
15    The Department shall destroy each set of fingerprints after
16    the criminal records check is completed.
17    (b) An application for a medical cannabis organization
18registration certificate must be denied if any of the following
19conditions are met:
20        (A) the applicant failed to submit the materials
21    required by this Section, including if the applicant's
22    plans do not satisfy the security, oversight, or
23    recordkeeping rules issued by the Department;
24        (B) the applicant would not be in compliance with local
25    zoning rules issued in accordance with Section 80;
26        (C) the applicant does not meet the requirements of

 

 

HB0030 Engrossed- 33 -LRB097 03078 RLC 43111 b

1    Section 90;
2        (D) one or more of the prospective principal officers
3    or board members has been convicted of an excluded offense;
4        (E) one or more of the prospective principal officers
5    or board members has served as a principal officer or board
6    member for a registered nonprofit medical cannabis
7    organization that has had its registration certificate
8    revoked; and
9        (F) one or more of the principal officers or board
10    members is younger than 21 years of age.
11    (c) After a medical cannabis organization is approved, but
12before it begins operations, it shall submit its physical
13address if the address was not finalized when it applied.
14    (d) When issuing a medical cannabis organization
15registration certificate, the Department shall also issue a
16renewable registration certificate with an identification
17number.
18    (e) The Department may approve no more than one application
19for a medical cannabis organization registration certificate
20for operation within any single Illinois State Senate district
21as determined by the districts that were in existence as of
22January 1, 2011.
 
23    Section 70. Nonprofit medical cannabis organization agent
24identification cards.
25    (a) A nonprofit medical cannabis organization agent must

 

 

HB0030 Engrossed- 34 -LRB097 03078 RLC 43111 b

1keep his or her identification card in their possession at all
2times when engaging in the medical use of cannabis related to
3dispensary operations.
4    (b) Nonprofit medical cannabis organization agent
5identification cards shall contain all of the following:
6        (1) the name of the cardholder;
7        (2) a designation the cardholder is a nonprofit medical
8    cannabis organization agent;
9        (3) the date of issuance and expiration date of the
10    nonprofit medical cannabis organization agent
11    identification cards;
12        (4) a random 10-digit alphanumeric identification
13    number, containing at least four numbers and at least four
14    letters, that is unique to the cardholder; and
15        (5) a photograph of the cardholder, if the Department's
16    rules require one.
 
17    Section 75. Nonprofit medical cannabis organization
18certification renewal. Registration certificates may be
19renewed subject to the rule of the Department. The registered
20nonprofit medical cannabis organization may submit a renewal
21application beginning 90 days prior to the expiration of its
22registration certificate. The Department shall grant a renewal
23application within 45 days of its submission if the following
24conditions are all satisfied:
25    (a) The registered nonprofit medical cannabis organization

 

 

HB0030 Engrossed- 35 -LRB097 03078 RLC 43111 b

1submits a renewal application and the required renewal fee,
2which shall be refunded within 60 days if the renewal
3application is rejected. In such cases where a registration
4certificate has been issued to that nonprofit medical cannabis
5organization pursuant to Section 65, a $25,000 fee in year 2 of
6its operation and a $5,000 fee in year 3 of its operation shall
7be required for the renewal of the registration certificate.
8Such fees may be adjusted subject to the discretion of the
9Department in order to adequately fund the implementation and
10enforcement of this Act.
11    (b) The Department has not suspended the registered
12nonprofit medical cannabis organization or registration
13certificate for violations of this Act or rules adopted
14pursuant to this Act.
15    (c) The inspections authorized by subsection (r) of Section
1685 and the input the Department received from stakeholders
17pursuant to subsection (b) of Section 105 do not raise serious
18and credible concerns about the continued operation of the
19registered nonprofit medical cannabis organization or applying
20for renewal.
 
21    Section 80. Local ordinances. A unit of local government
22may enact reasonable zoning ordinances or resolutions, not in
23conflict with this Act or with Department rules, regulating
24registered nonprofit medical cannabis organizations. No unit
25of local government, including a home rule unit, or school

 

 

HB0030 Engrossed- 36 -LRB097 03078 RLC 43111 b

1district may regulate registered nonprofit medical cannabis
2organizations other than as provided in this Act. This Section
3is a denial and limitation under subsection (i) of Section 6 of
4Article VII of the Illinois Constitution on the concurrent
5exercise by home rule units of powers and functions exercised
6by the State.
 
7    Section 85. Requirements; prohibitions; penalties.
8    (a) The operating documents of a registered nonprofit
9medical cannabis organization shall include procedures for the
10oversight of the registered nonprofit medical cannabis
11organization and procedures to ensure accurate recordkeeping.
12    (b) A registered nonprofit medical cannabis organization
13shall implement appropriate security measures to deter and
14prevent the theft of cannabis and unauthorized entrance into
15areas containing cannabis.
16    (c) A registered nonprofit medical cannabis organization
17may not be located within 2,500 feet of the property line of a
18pre-existing public or private preschool or elementary or
19secondary school or day care center, day care home, group day
20care home, or part day child care facility. A registered
21medical cannabis organization shall not be located in a house,
22apartment, condominium, or any other residential dwelling.
23    (d) A registered nonprofit medical cannabis organization
24is prohibited from acquiring, possessing, cultivating,
25manufacturing, delivering, transferring, transporting,

 

 

HB0030 Engrossed- 37 -LRB097 03078 RLC 43111 b

1supplying, or dispensing cannabis for any purpose except to
2assist registered qualifying patients with the medical use of
3cannabis directly or through the qualifying patients'
4designated caregivers.
5    (e) All cultivation of cannabis for registered nonprofit
6medical cannabis organizations must take place in an enclosed,
7locked location at the physical address or addresses provided
8to the Department during the registration process. The
9cultivation location can only be accessed by medical cannabis
10organization agents working for the registered nonprofit
11medical cannabis organization, Department staff performing
12inspections, law enforcement or other emergency personnel, and
13contractors working on jobs unrelated to medical cannabis, such
14as installing or maintaining security devices or performing
15electrical wiring.
16    (f) A nonprofit medical cannabis organization may not
17obtain cannabis from outside the State of Illinois, except that
18a nonprofit medical cannabis organization may lawfully
19purchase cannabis seeds outside of the State of Illinois once
20upon the initial approval of its application under Section 65.
21    (g) A registered nonprofit medical cannabis organization
22shall not dispense more than 2.5 ounces of cannabis to a
23registered qualifying patient, directly or via a designated
24caregiver, in any 14-day period unless the qualifying patient
25has a Department approved quantity variance.
26    (h) Before cannabis may be dispensed to a designated

 

 

HB0030 Engrossed- 38 -LRB097 03078 RLC 43111 b

1caregiver or a registered qualifying patient, a nonprofit
2medical cannabis organization agent must determine that the
3individual is a current cardholder in the verification system
4and must verify each of the following:
5        (1) that the registry identification card presented to
6    the registered nonprofit medical cannabis organization is
7    valid;
8        (2) that the person presenting the card is the person
9    identified on the registry identification card presented
10    to the medical cannabis organization agent;
11        (3) that the registered nonprofit medical cannabis
12    organization is the designated medical cannabis
13    organization for the registered qualifying patient who is
14    obtaining the cannabis directly or via his or her
15    designated caregiver; and
16        (4) that the qualifying patient has not exceeded his or
17    her adequate supply.
18    (i) Registered nonprofit medical cannabis organizations
19shall ensure compliance with this limitation by maintaining
20internal, confidential records that include records specifying
21how much cannabis is being dispensed to the registered
22qualifying patient and whether it was dispensed directly to the
23registered qualifying patient or to the designated caregiver.
24Each entry must include the date and time the cannabis was
25dispensed.
26    (j) The physician-patient privilege as set forth by Section

 

 

HB0030 Engrossed- 39 -LRB097 03078 RLC 43111 b

18-802 of the Code of Civil Procedure shall apply between a
2qualifying patient and a registered nonprofit medical cannabis
3organization and its agents with respect to communications and
4records concerning qualifying patients' debilitating
5conditions.
6    (k) A nonprofit medical cannabis organization shall not
7permit any person to consume cannabis on the property of a
8nonprofit medical cannabis organization.
9    (l) A registered nonprofit medical cannabis organization
10shall not share office space with or refer patients to a
11physician.
12    (m) A physician shall not refer patients to a registered
13nonprofit medical cannabis organization or registered
14designated caregiver, advertise in a registered nonprofit
15medical cannabis organization, or, if the physician issues
16written certifications, hold any financial interest in a
17registered nonprofit medical cannabis organization.
18    (n) No person who has been convicted of an excluded offense
19may be a nonprofit medical cannabis organization agent.
20    (o) Notwithstanding all other criminal penalties related
21to the unlawful possession of cannabis, the Department may
22issue a civil fine of up to $3,000 for violations of this
23Section.
24    (p) The Department may suspend or revoke a registration
25certificate for violations of this Act and rules issued in
26accordance with this Section.

 

 

HB0030 Engrossed- 40 -LRB097 03078 RLC 43111 b

1    (q) The suspension or revocation of a certificate is a
2final Department action, subject to judicial review.
3Jurisdiction and venue for judicial review are vested in the
4Circuit Court.
5    (r) Registered nonprofit medical cannabis organizations
6are subject to random inspection and cannabis testing by
7Department rules.
 
8    Section 90. Confidentiality.
9    (a) The following information received and records kept by
10Department rules for purposes of administering this Act are
11subject to all applicable federal privacy laws, confidential,
12and exempt from the Freedom of Information Act, and not subject
13to disclosure to any individual or public or private entity,
14except as necessary for authorized employees of the Department
15to perform official duties pursuant to this Act:
16        (1) Applications and renewals, their contents, and
17    supporting information submitted by qualifying patients
18    and designated caregivers, including information regarding
19    their designated caregivers and physicians.
20        (2) Applications and renewals, their contents, and
21    supporting information submitted by or on behalf of
22    nonprofit medical cannabis organizations in compliance
23    with this Act, including their physical addressees.
24        (3) The individual names and other information
25    identifying persons to whom the Department has issued

 

 

HB0030 Engrossed- 41 -LRB097 03078 RLC 43111 b

1    registry identification cards.
2        (4) Any dispensing information required to be kept
3    under Section 85 or Department rules shall identify
4    cardholders and registered nonprofit medical cannabis
5    organizations by their registry identification numbers and
6    not contain names or other personally identifying
7    information.
8        (5) All medical records provided to the Department in
9    connection with an application for a registry card.
10    (b) Nothing in this Section precludes the following:
11        (1) Department employees may notify law enforcement
12    about falsified or fraudulent information submitted to the
13    Department if the employee who suspects that falsified or
14    fraudulent information has been submitted conferred with
15    his or her supervisor and both agree that circumstances
16    exist that warrant reporting.
17        (2) If the employee conferred with his or her
18    supervisor and both agree that circumstances exist that
19    warrant reporting, Department employees may notify the
20    Medical Disciplinary Board if there is reasonable cause to
21    believe a physician:
22            (A) issued a written certification without a bona
23        fide physician-patient relationship;
24            (B) issued a written certification to a person who
25        was not under the physician's care for the debilitating
26        medical condition; or

 

 

HB0030 Engrossed- 42 -LRB097 03078 RLC 43111 b

1            (C) failed to abide by the standard of care when
2        evaluating medical conditions.
3        (3) The Department may notify State or local law
4    enforcement about apparent criminal violations of this Act
5    if the employee who suspects the offense has conferred with
6    his or her supervisor and both agree that circumstances
7    exist that warrant reporting.
8        (4) Nonprofit medical cannabis organization agents may
9    notify the Department of a suspected violation or attempted
10    violation of this Act or the rules issued pursuant to it.
11        (5) The Department may verify registry identification
12    cards pursuant to Section 95.
13        (6) The submission of the report to the General
14    Assembly under Section 100.
15    (c) It is a Class B misdemeanor with a $1,000 fine for any
16person, including an employee or official of the Department or
17another State agency or local government, to breach the
18confidentiality of information obtained pursuant to this Act.
 
19    Section 95. Registry identification and registration
20certificate verification.
21    (a) The Department shall maintain a confidential list of
22the persons to whom the Department has issued registry
23identification cards and their addresses, phone numbers, and
24registry identification numbers. This confidential list shall
25not be combined or linked in any manner with any other list or

 

 

HB0030 Engrossed- 43 -LRB097 03078 RLC 43111 b

1database except as provided in this Section.
2    (b) Within 180 days of the effective date of this Act, the
3Department shall establish a computerized verification system.
4The verification system must allow law enforcement personnel
5and nonprofit medical cannabis organization agents to enter a
6registry identification number to determine whether or not the
7number corresponds with a current, valid registry
8identification card. The system shall only disclose whether the
9identification card is valid; whether the cardholder is a
10registered qualifying patient or a registered designated
11caregiver; and the registry identification number of the
12registered nonprofit medical cannabis organization designated
13to serve the registered qualifying patient who holds the card
14or the registry identification number of the patient who is
15assisted by the registered designated caregiver who holds the
16card. The system shall enable a registered nonprofit medical
17cannabis organization to enter information in the system
18sufficient to track the amount of medical cannabis dispensed to
19the qualifying patient. Notwithstanding any requirements
20established by this subsection, the Department shall issue
21registry cards to qualifying patients and shall issue
22certification to nonprofit medical cannabis organizations for
23the period during which the database is being established.
 
24    Section 100. Annual reports. The Department shall submit
25to the General Assembly an annual report that does not disclose

 

 

HB0030 Engrossed- 44 -LRB097 03078 RLC 43111 b

1any identifying information about cardholders, registered
2nonprofit medical cannabis organizations, or physicians, but
3does contain, at a minimum, all of the following information:
4        (1) the number of applications and renewals filed for
5    registry identification cards;
6        (2) the number of qualifying patients and designated
7    caregivers approved in each county and Senate district as
8    determined by the districts that were in existence as of
9    January 1, 2011;
10        (3) the nature of the debilitating medical conditions
11    of the qualifying patients;
12        (4) the number of registry identification cards
13    revoked for misconduct;
14        (5) the number of physicians providing written
15    certifications for qualifying patients; and
16        (6) the number of registered nonprofit medical
17    cannabis organizations.
 
18    Section 105. Department to issue rules.
19    (a) Not later than 60 days after the effective date of this
20Act, the Department shall promulgate rules:
21        (1) governing the manner in which the Department shall
22    consider petitions from the public to add debilitating
23    medical conditions or treatments to the list of
24    debilitating medical conditions set forth in subsection
25    (d) of Section 10 of this Act, including public notice of

 

 

HB0030 Engrossed- 45 -LRB097 03078 RLC 43111 b

1    and an opportunity to comment in public hearings on the
2    petitions;
3        (2) establishing the form and content of registration
4    and renewal applications submitted under this Act,
5    including a standard form for written certifications;
6        (3) governing the manner in which it shall consider
7    applications for and renewals of registry identification
8    cards;
9        (4) governing the following matters related to
10    registered nonprofit medical cannabis organizations, with
11    the goal of protecting against diversion and theft, without
12    imposing an undue burden on the registered nonprofit
13    medical cannabis organizations or compromising the
14    confidentiality of cardholders:
15            (A) oversight requirements for registered
16        nonprofit medical cannabis organizations;
17            (B) recordkeeping requirements for registered
18        nonprofit medical cannabis organizations;
19            (C) security requirements for registered nonprofit
20        medical cannabis organizations, which shall include
21        that each registered nonprofit medical cannabis
22        organization location must be protected by a fully
23        operational security alarm system;
24            (D) rules and standards for what constitutes an
25        enclosed locked facility under this Act;
26            (E) procedures for suspending or terminating the

 

 

HB0030 Engrossed- 46 -LRB097 03078 RLC 43111 b

1        registration certificates or registry identification
2        cards of cardholders, and registered nonprofit medical
3        cannabis organizations that commit multiple or serious
4        violations of the provisions of this Act or the rules
5        promulgated pursuant to this Section;
6            (F) reasonable rules concerning the medical use of
7        cannabis at a nursing care institution, hospice,
8        assisted living center, assisted living facility,
9        assisted living home, residential care institution, or
10        adult day health care facility;
11            (G) limitations of the quantity of cannabis plants
12        a dispensary may possess at one time provided that no
13        dispensary is authorized to possess more plants than
14        are reasonably necessary to satisfy the adequate
15        supply of the patients who have designated that
16        dispensary as his or her provider;
17            (H) rules concerning the intrastate transportation
18        of medical cannabis;
19            (I) standards concerning the testing, quality, and
20        cultivation of medical cannabis; and
21            (J) such other matters as are necessary for the
22        fair, impartial, stringent, and comprehensive
23        administration of this Act; and
24        (5) application and renewal fees for registry
25    identification cards, nonprofit medical cannabis
26    organization agent identification cards, and renewal fees

 

 

HB0030 Engrossed- 47 -LRB097 03078 RLC 43111 b

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

 

 

HB0030 Engrossed- 48 -LRB097 03078 RLC 43111 b

1rules. The Department shall establish the stakeholders into an
2advisory task force. Stakeholders shall include, but are not
3limited to:
4        (1) at least 2 physicians, one of whom must have prior
5    experience treating medical cannabis patients;
6        (2) at least 2 nurses, one of whom must have prior
7    experience treating HIV/AIDS patients;
8        (3) at least three qualifying patients;
9        (4) a representative from the law enforcement
10    community;
11        (5) the Director of State Police or his or her
12    designee;
13        (6) a prosecuting attorney currently employed by the
14    State of Illinois;
15        (7) a public defender currently employed by the State
16    of Illinois;
17        (8) a defense attorney in private practice;
18        (9) a licensed phlebotomist;
19        (10) a horticulturist; and
20        (11) a representative of the business community.
21    (c) After consulting with the stakeholders, the Department
22shall evaluate driving under the influence laws as they apply
23to registered patients.
24    (d) Beginning 4 months after the issuance of the first
25registrations for registered nonprofit medical cannabis
26organizations, the Department shall solicit input, including

 

 

HB0030 Engrossed- 49 -LRB097 03078 RLC 43111 b

1from the stakeholders identified in subsection (b) on the
2following:
3            (A) The ability of qualifying patients in all areas
4        of the state to obtain timely access to high-quality
5        medical cannabis.
6            (B) The effectiveness of the registered nonprofit
7        medical cannabis organizations, individually and
8        together, in serving the needs of qualifying patients,
9        including the provision of support services, the
10        reasonableness of their fees, whether they are
11        generating any complaints or security problems, and
12        the sufficiency of the number operating to serve the
13        registered qualifying patients of Illinois.
14            (C) The sufficiency of the regulatory and security
15        safeguards contained in this Act and adopted by the
16        Department to ensure that access to and use of cannabis
17        cultivated is provided only to cardholders authorized
18        for such purposes.
19            (D) Any recommended additions or revisions to the
20        Department rules or this Act, including relating to
21        security, safe handling, labeling, and nomenclature.
22            (E) Any research studies regarding health effects
23        of medical cannabis for patients.
24    (e) The Department shall develop and disseminate
25educational information about the health risks associated with
26the abuse of cannabis and prescription medications, which shall

 

 

HB0030 Engrossed- 50 -LRB097 03078 RLC 43111 b

1be funded by the $3 fees generated from registry identification
2cards.
 
3    Section 110. Enforcement of this Act.
4    (a) If the Department fails to adopt rules to implement
5this Act within the times provided for in this Act, any citizen
6may commence a mandamus action in the Circuit Court to compel
7the Department to perform the actions mandated pursuant to the
8provisions of this Act.
9    (b) If the Department fails to issue a valid registry
10identification card in response to a valid application or
11renewal submitted pursuant to this Act within 30 days of its
12submission, the registry identification card shall be deemed
13granted, and a copy of the registry identification application,
14including a valid written certification, or renewal shall be
15deemed a valid registry identification card.
 
16    Section 115. Repeal of Act. This Act is repealed 3 years
17after its effective date.
 
18    Section 120. The Election Code is amended by adding Section
199-45 as follows:
 
20    (10 ILCS 5/9-45 new)
21    Sec. 9-45. Medical cannabis organization; contributions.
22It is unlawful for any nonprofit medical cannabis organization

 

 

HB0030 Engrossed- 51 -LRB097 03078 RLC 43111 b

1or any political action committee created by any nonprofit
2medical cannabis organization to make a campaign contribution
3to any political committee established to promote the candidacy
4of a candidate or public official. It is unlawful for any
5candidate, political committee, or other person to knowingly
6accept or receive any contribution prohibited by this Section.
7It is unlawful for any officer or agent of a nonprofit medical
8cannabis organization to consent to any contribution or
9expenditure by the nonprofit medical cannabis organization
10that is prohibited by this Section. As used in this Section,
11"nonprofit medical cannabis organization" has the meaning
12ascribed to it in Section 10 of the Compassionate Use of
13Medical Cannabis Pilot Program Act.
 
14    Section 125. The Use Tax Act is amended by changing Section
153-10 as follows:
 
16    (35 ILCS 105/3-10)
17    Sec. 3-10. Rate of tax. Unless otherwise provided in this
18Section, the tax imposed by this Act is at the rate of 6.25% of
19either the selling price or the fair market value, if any, of
20the tangible personal property. In all cases where property
21functionally used or consumed is the same as the property that
22was purchased at retail, then the tax is imposed on the selling
23price of the property. In all cases where property functionally
24used or consumed is a by-product or waste product that has been

 

 

HB0030 Engrossed- 52 -LRB097 03078 RLC 43111 b

1refined, manufactured, or produced from property purchased at
2retail, then the tax is imposed on the lower of the fair market
3value, if any, of the specific property so used in this State
4or on the selling price of the property purchased at retail.
5For purposes of this Section "fair market value" means the
6price at which property would change hands between a willing
7buyer and a willing seller, neither being under any compulsion
8to buy or sell and both having reasonable knowledge of the
9relevant facts. The fair market value shall be established by
10Illinois sales by the taxpayer of the same property as that
11functionally used or consumed, or if there are no such sales by
12the taxpayer, then comparable sales or purchases of property of
13like kind and character in Illinois.
14    Beginning on July 1, 2000 and through December 31, 2000,
15with respect to motor fuel, as defined in Section 1.1 of the
16Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
17the Use Tax Act, the tax is imposed at the rate of 1.25%.
18    Beginning on August 6, 2010 through August 15, 2010, with
19respect to sales tax holiday items as defined in Section 3-6 of
20this Act, the tax is imposed at the rate of 1.25%.
21    With respect to gasohol, the tax imposed by this Act
22applies to (i) 70% of the proceeds of sales made on or after
23January 1, 1990, and before July 1, 2003, (ii) 80% of the
24proceeds of sales made on or after July 1, 2003 and on or
25before December 31, 2013, and (iii) 100% of the proceeds of
26sales made thereafter. If, at any time, however, the tax under

 

 

HB0030 Engrossed- 53 -LRB097 03078 RLC 43111 b

1this Act on sales of gasohol is imposed at the rate of 1.25%,
2then the tax imposed by this Act applies to 100% of the
3proceeds of sales of gasohol made during that time.
4    With respect to majority blended ethanol fuel, the tax
5imposed by this Act does not apply to the proceeds of sales
6made on or after July 1, 2003 and on or before December 31,
72013 but applies to 100% of the proceeds of sales made
8thereafter.
9    With respect to biodiesel blends with no less than 1% and
10no more than 10% biodiesel, the tax imposed by this Act applies
11to (i) 80% of the proceeds of sales made on or after July 1,
122003 and on or before December 31, 2013 and (ii) 100% of the
13proceeds of sales made thereafter. If, at any time, however,
14the tax under this Act on sales of biodiesel blends with no
15less than 1% and no more than 10% biodiesel is imposed at the
16rate of 1.25%, then the tax imposed by this Act applies to 100%
17of the proceeds of sales of biodiesel blends with no less than
181% and no more than 10% biodiesel made during that time.
19    With respect to 100% biodiesel and biodiesel blends with
20more than 10% but no more than 99% biodiesel, the tax imposed
21by this Act does not apply to the proceeds of sales made on or
22after July 1, 2003 and on or before December 31, 2013 but
23applies to 100% of the proceeds of sales made thereafter.
24    With respect to food for human consumption that is to be
25consumed off the premises where it is sold (other than
26alcoholic beverages, soft drinks, and food that has been

 

 

HB0030 Engrossed- 54 -LRB097 03078 RLC 43111 b

1prepared for immediate consumption) and prescription and
2nonprescription medicines, drugs, medical appliances,
3modifications to a motor vehicle for the purpose of rendering
4it usable by a disabled person, and insulin, urine testing
5materials, syringes, and needles used by diabetics, for human
6use, the tax is imposed at the rate of 1%. For the purposes of
7this Section, until September 1, 2009: the term "soft drinks"
8means any complete, finished, ready-to-use, non-alcoholic
9drink, whether carbonated or not, including but not limited to
10soda water, cola, fruit juice, vegetable juice, carbonated
11water, and all other preparations commonly known as soft drinks
12of whatever kind or description that are contained in any
13closed or sealed bottle, can, carton, or container, regardless
14of size; but "soft drinks" does not include coffee, tea,
15non-carbonated water, infant formula, milk or milk products as
16defined in the Grade A Pasteurized Milk and Milk Products Act,
17or drinks containing 50% or more natural fruit or vegetable
18juice.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "soft drinks" means non-alcoholic
21beverages that contain natural or artificial sweeteners. "Soft
22drinks" do not include beverages that contain milk or milk
23products, soy, rice or similar milk substitutes, or greater
24than 50% of vegetable or fruit juice by volume.
25    Until August 1, 2009, and notwithstanding any other
26provisions of this Act, "food for human consumption that is to

 

 

HB0030 Engrossed- 55 -LRB097 03078 RLC 43111 b

1be consumed off the premises where it is sold" includes all
2food sold through a vending machine, except soft drinks and
3food products that are dispensed hot from a vending machine,
4regardless of the location of the vending machine. Beginning
5August 1, 2009, and notwithstanding any other provisions of
6this Act, "food for human consumption that is to be consumed
7off the premises where it is sold" includes all food sold
8through a vending machine, except soft drinks, candy, and food
9products that are dispensed hot from a vending machine,
10regardless of the location of the vending machine.
11    Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "food for human consumption that
13is to be consumed off the premises where it is sold" does not
14include candy. For purposes of this Section, "candy" means a
15preparation of sugar, honey, or other natural or artificial
16sweeteners in combination with chocolate, fruits, nuts or other
17ingredients or flavorings in the form of bars, drops, or
18pieces. "Candy" does not include any preparation that contains
19flour or requires refrigeration.
20    Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "nonprescription medicines and
22drugs" does not include grooming and hygiene products.
23Beginning on the effective date of this amendatory Act of the
2497th General Assembly, "prescription and nonprescription
25medicines and drugs" includes medical cannabis purchased from a
26registered nonprofit medical cannabis organization under the

 

 

HB0030 Engrossed- 56 -LRB097 03078 RLC 43111 b

1Compassionate Use of Medical Cannabis Pilot Program Act. For
2purposes of this Section, "grooming and hygiene products"
3includes, but is not limited to, soaps and cleaning solutions,
4shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
5lotions and screens, unless those products are available by
6prescription only, regardless of whether the products meet the
7definition of "over-the-counter-drugs". For the purposes of
8this paragraph, "over-the-counter-drug" means a drug for human
9use that contains a label that identifies the product as a drug
10as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
11label includes:
12        (A) A "Drug Facts" panel; or
13        (B) A statement of the "active ingredient(s)" with a
14    list of those ingredients contained in the compound,
15    substance or preparation.
16    If the property that is purchased at retail from a retailer
17is acquired outside Illinois and used outside Illinois before
18being brought to Illinois for use here and is taxable under
19this Act, the "selling price" on which the tax is computed
20shall be reduced by an amount that represents a reasonable
21allowance for depreciation for the period of prior out-of-state
22use.
23(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
24eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
 
25    Section 130. The Service Use Tax Act is amended by changing

 

 

HB0030 Engrossed- 57 -LRB097 03078 RLC 43111 b

1Section 3-10 as follows:
 
2    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
3    Sec. 3-10. Rate of tax. Unless otherwise provided in this
4Section, the tax imposed by this Act is at the rate of 6.25% of
5the selling price of tangible personal property transferred as
6an incident to the sale of service, but, for the purpose of
7computing this tax, in no event shall the selling price be less
8than the cost price of the property to the serviceman.
9    Beginning on July 1, 2000 and through December 31, 2000,
10with respect to motor fuel, as defined in Section 1.1 of the
11Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
12the Use Tax Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, as defined in the Use Tax Act, the
14tax imposed by this Act applies to (i) 70% of the selling price
15of property transferred as an incident to the sale of service
16on or after January 1, 1990, and before July 1, 2003, (ii) 80%
17of the selling price of property transferred as an incident to
18the sale of service on or after July 1, 2003 and on or before
19December 31, 2013, and (iii) 100% of the selling price
20thereafter. If, at any time, however, the tax under this Act on
21sales of gasohol, as defined in the Use Tax Act, is imposed at
22the rate of 1.25%, then the tax imposed by this Act applies to
23100% of the proceeds of sales of gasohol made during that time.
24    With respect to majority blended ethanol fuel, as defined
25in the Use Tax Act, the tax imposed by this Act does not apply

 

 

HB0030 Engrossed- 58 -LRB097 03078 RLC 43111 b

1to the selling price of property transferred as an incident to
2the sale of service on or after July 1, 2003 and on or before
3December 31, 2013 but applies to 100% of the selling price
4thereafter.
5    With respect to biodiesel blends, as defined in the Use Tax
6Act, with no less than 1% and no more than 10% biodiesel, the
7tax imposed by this Act applies to (i) 80% of the selling price
8of property transferred as an incident to the sale of service
9on or after July 1, 2003 and on or before December 31, 2013 and
10(ii) 100% of the proceeds of the selling price thereafter. If,
11at any time, however, the tax under this Act on sales of
12biodiesel blends, as defined in the Use Tax Act, with no less
13than 1% and no more than 10% biodiesel is imposed at the rate
14of 1.25%, then the tax imposed by this Act applies to 100% of
15the proceeds of sales of biodiesel blends with no less than 1%
16and no more than 10% biodiesel made during that time.
17    With respect to 100% biodiesel, as defined in the Use Tax
18Act, and biodiesel blends, as defined in the Use Tax Act, with
19more than 10% but no more than 99% biodiesel, the tax imposed
20by this Act does not apply to the proceeds of the selling price
21of property transferred as an incident to the sale of service
22on or after July 1, 2003 and on or before December 31, 2013 but
23applies to 100% of the selling price thereafter.
24    At the election of any registered serviceman made for each
25fiscal year, sales of service in which the aggregate annual
26cost price of tangible personal property transferred as an

 

 

HB0030 Engrossed- 59 -LRB097 03078 RLC 43111 b

1incident to the sales of service is less than 35%, or 75% in
2the case of servicemen transferring prescription drugs or
3servicemen engaged in graphic arts production, of the aggregate
4annual total gross receipts from all sales of service, the tax
5imposed by this Act shall be based on the serviceman's cost
6price of the tangible personal property transferred as an
7incident to the sale of those services.
8    The tax shall be imposed at the rate of 1% on food prepared
9for immediate consumption and transferred incident to a sale of
10service subject to this Act or the Service Occupation Tax Act
11by an entity licensed under the Hospital Licensing Act, the
12Nursing Home Care Act, the MR/DD Community Care Act, or the
13Child Care Act of 1969. The tax shall also be imposed at the
14rate of 1% on food for human consumption that is to be consumed
15off the premises where it is sold (other than alcoholic
16beverages, soft drinks, and food that has been prepared for
17immediate consumption and is not otherwise included in this
18paragraph) and prescription and nonprescription medicines,
19drugs, medical appliances, modifications to a motor vehicle for
20the purpose of rendering it usable by a disabled person, and
21insulin, urine testing materials, syringes, and needles used by
22diabetics, for human use. For the purposes of this Section,
23until September 1, 2009: the term "soft drinks" means any
24complete, finished, ready-to-use, non-alcoholic drink, whether
25carbonated or not, including but not limited to soda water,
26cola, fruit juice, vegetable juice, carbonated water, and all

 

 

HB0030 Engrossed- 60 -LRB097 03078 RLC 43111 b

1other preparations commonly known as soft drinks of whatever
2kind or description that are contained in any closed or sealed
3bottle, can, carton, or container, regardless of size; but
4"soft drinks" does not include coffee, tea, non-carbonated
5water, infant formula, milk or milk products as defined in the
6Grade A Pasteurized Milk and Milk Products Act, or drinks
7containing 50% or more natural fruit or vegetable juice.
8    Notwithstanding any other provisions of this Act,
9beginning September 1, 2009, "soft drinks" means non-alcoholic
10beverages that contain natural or artificial sweeteners. "Soft
11drinks" do not include beverages that contain milk or milk
12products, soy, rice or similar milk substitutes, or greater
13than 50% of vegetable or fruit juice by volume.
14    Until August 1, 2009, and notwithstanding any other
15provisions of this Act, "food for human consumption that is to
16be consumed off the premises where it is sold" includes all
17food sold through a vending machine, except soft drinks and
18food products that are dispensed hot from a vending machine,
19regardless of the location of the vending machine. Beginning
20August 1, 2009, and notwithstanding any other provisions of
21this Act, "food for human consumption that is to be consumed
22off the premises where it is sold" includes all food sold
23through a vending machine, except soft drinks, candy, and food
24products that are dispensed hot from a vending machine,
25regardless of the location of the vending machine.
26    Notwithstanding any other provisions of this Act,

 

 

HB0030 Engrossed- 61 -LRB097 03078 RLC 43111 b

1beginning September 1, 2009, "food for human consumption that
2is to be consumed off the premises where it is sold" does not
3include candy. For purposes of this Section, "candy" means a
4preparation of sugar, honey, or other natural or artificial
5sweeteners in combination with chocolate, fruits, nuts or other
6ingredients or flavorings in the form of bars, drops, or
7pieces. "Candy" does not include any preparation that contains
8flour or requires refrigeration.
9    Notwithstanding any other provisions of this Act,
10beginning September 1, 2009, "nonprescription medicines and
11drugs" does not include grooming and hygiene products.
12Beginning on the effective date of this amendatory Act of the
1397th General Assembly, "prescription and nonprescription
14medicines and drugs" includes medical cannabis purchased from a
15registered nonprofit medical cannabis organization under the
16Compassionate Use of Medical Cannabis Pilot Program Act. For
17purposes of this Section, "grooming and hygiene products"
18includes, but is not limited to, soaps and cleaning solutions,
19shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
20lotions and screens, unless those products are available by
21prescription only, regardless of whether the products meet the
22definition of "over-the-counter-drugs". For the purposes of
23this paragraph, "over-the-counter-drug" means a drug for human
24use that contains a label that identifies the product as a drug
25as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
26label includes:

 

 

HB0030 Engrossed- 62 -LRB097 03078 RLC 43111 b

1        (A) A "Drug Facts" panel; or
2        (B) A statement of the "active ingredient(s)" with a
3    list of those ingredients contained in the compound,
4    substance or preparation.
5    If the property that is acquired from a serviceman is
6acquired outside Illinois and used outside Illinois before
7being brought to Illinois for use here and is taxable under
8this Act, the "selling price" on which the tax is computed
9shall be reduced by an amount that represents a reasonable
10allowance for depreciation for the period of prior out-of-state
11use.
12(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
13eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
14    Section 135. The Service Occupation Tax Act is amended by
15changing Section 3-10 as follows:
 
16    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
17    Sec. 3-10. Rate of tax. Unless otherwise provided in this
18Section, the tax imposed by this Act is at the rate of 6.25% of
19the "selling price", as defined in Section 2 of the Service Use
20Tax Act, of the tangible personal property. For the purpose of
21computing this tax, in no event shall the "selling price" be
22less than the cost price to the serviceman of the tangible
23personal property transferred. The selling price of each item
24of tangible personal property transferred as an incident of a

 

 

HB0030 Engrossed- 63 -LRB097 03078 RLC 43111 b

1sale of service may be shown as a distinct and separate item on
2the serviceman's billing to the service customer. If the
3selling price is not so shown, the selling price of the
4tangible personal property is deemed to be 50% of the
5serviceman's entire billing to the service customer. When,
6however, a serviceman contracts to design, develop, and produce
7special order machinery or equipment, the tax imposed by this
8Act shall be based on the serviceman's cost price of the
9tangible personal property transferred incident to the
10completion of the contract.
11    Beginning on July 1, 2000 and through December 31, 2000,
12with respect to motor fuel, as defined in Section 1.1 of the
13Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
14the Use Tax Act, the tax is imposed at the rate of 1.25%.
15    With respect to gasohol, as defined in the Use Tax Act, the
16tax imposed by this Act shall apply to (i) 70% of the cost
17price of property transferred as an incident to the sale of
18service on or after January 1, 1990, and before July 1, 2003,
19(ii) 80% of the selling price of property transferred as an
20incident to the sale of service on or after July 1, 2003 and on
21or before December 31, 2013, and (iii) 100% of the cost price
22thereafter. If, at any time, however, the tax under this Act on
23sales of gasohol, as defined in the Use Tax Act, is imposed at
24the rate of 1.25%, then the tax imposed by this Act applies to
25100% of the proceeds of sales of gasohol made during that time.
26    With respect to majority blended ethanol fuel, as defined

 

 

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1in the Use Tax Act, the tax imposed by this Act does not apply
2to the selling price of property transferred as an incident to
3the sale of service on or after July 1, 2003 and on or before
4December 31, 2013 but applies to 100% of the selling price
5thereafter.
6    With respect to biodiesel blends, as defined in the Use Tax
7Act, with no less than 1% and no more than 10% biodiesel, the
8tax imposed by this Act applies to (i) 80% of the selling price
9of property transferred as an incident to the sale of service
10on or after July 1, 2003 and on or before December 31, 2013 and
11(ii) 100% of the proceeds of the selling price thereafter. If,
12at any time, however, the tax under this Act on sales of
13biodiesel blends, as defined in the Use Tax Act, with no less
14than 1% and no more than 10% biodiesel is imposed at the rate
15of 1.25%, then the tax imposed by this Act applies to 100% of
16the proceeds of sales of biodiesel blends with no less than 1%
17and no more than 10% biodiesel made during that time.
18    With respect to 100% biodiesel, as defined in the Use Tax
19Act, and biodiesel blends, as defined in the Use Tax Act, with
20more than 10% but no more than 99% biodiesel material, the tax
21imposed by this Act does not apply to the proceeds of the
22selling price of property transferred as an incident to the
23sale of service on or after July 1, 2003 and on or before
24December 31, 2013 but applies to 100% of the selling price
25thereafter.
26    At the election of any registered serviceman made for each

 

 

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1fiscal year, sales of service in which the aggregate annual
2cost price of tangible personal property transferred as an
3incident to the sales of service is less than 35%, or 75% in
4the case of servicemen transferring prescription drugs or
5servicemen engaged in graphic arts production, of the aggregate
6annual total gross receipts from all sales of service, the tax
7imposed by this Act shall be based on the serviceman's cost
8price of the tangible personal property transferred incident to
9the sale of those services.
10    The tax shall be imposed at the rate of 1% on food prepared
11for immediate consumption and transferred incident to a sale of
12service subject to this Act or the Service Occupation Tax Act
13by an entity licensed under the Hospital Licensing Act, the
14Nursing Home Care Act, the MR/DD Community Care Act, or the
15Child Care Act of 1969. The tax shall also be imposed at the
16rate of 1% on food for human consumption that is to be consumed
17off the premises where it is sold (other than alcoholic
18beverages, soft drinks, and food that has been prepared for
19immediate consumption and is not otherwise included in this
20paragraph) and prescription and nonprescription medicines,
21drugs, medical appliances, modifications to a motor vehicle for
22the purpose of rendering it usable by a disabled person, and
23insulin, urine testing materials, syringes, and needles used by
24diabetics, for human use. For the purposes of this Section,
25until September 1, 2009: the term "soft drinks" means any
26complete, finished, ready-to-use, non-alcoholic drink, whether

 

 

HB0030 Engrossed- 66 -LRB097 03078 RLC 43111 b

1carbonated or not, including but not limited to soda water,
2cola, fruit juice, vegetable juice, carbonated water, and all
3other preparations commonly known as soft drinks of whatever
4kind or description that are contained in any closed or sealed
5can, carton, or container, regardless of size; but "soft
6drinks" does not include coffee, tea, non-carbonated water,
7infant formula, milk or milk products as defined in the Grade A
8Pasteurized Milk and Milk Products Act, or drinks containing
950% or more natural fruit or vegetable juice.
10    Notwithstanding any other provisions of this Act,
11beginning September 1, 2009, "soft drinks" means non-alcoholic
12beverages that contain natural or artificial sweeteners. "Soft
13drinks" do not include beverages that contain milk or milk
14products, soy, rice or similar milk substitutes, or greater
15than 50% of vegetable or fruit juice by volume.
16    Until August 1, 2009, and notwithstanding any other
17provisions of this Act, "food for human consumption that is to
18be consumed off the premises where it is sold" includes all
19food sold through a vending machine, except soft drinks and
20food products that are dispensed hot from a vending machine,
21regardless of the location of the vending machine. Beginning
22August 1, 2009, and notwithstanding any other provisions of
23this Act, "food for human consumption that is to be consumed
24off the premises where it is sold" includes all food sold
25through a vending machine, except soft drinks, candy, and food
26products that are dispensed hot from a vending machine,

 

 

HB0030 Engrossed- 67 -LRB097 03078 RLC 43111 b

1regardless of the location of the vending machine.
2    Notwithstanding any other provisions of this Act,
3beginning September 1, 2009, "food for human consumption that
4is to be consumed off the premises where it is sold" does not
5include candy. For purposes of this Section, "candy" means a
6preparation of sugar, honey, or other natural or artificial
7sweeteners in combination with chocolate, fruits, nuts or other
8ingredients or flavorings in the form of bars, drops, or
9pieces. "Candy" does not include any preparation that contains
10flour or requires refrigeration.
11    Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "nonprescription medicines and
13drugs" does not include grooming and hygiene products.
14Beginning on the effective date of this amendatory Act of the
1597th General Assembly, "prescription and nonprescription
16medicines and drugs" includes medical cannabis purchased from a
17registered nonprofit medical cannabis organization under the
18Compassionate Use of Medical Cannabis Pilot Program Act. For
19purposes of this Section, "grooming and hygiene products"
20includes, but is not limited to, soaps and cleaning solutions,
21shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
22lotions and screens, unless those products are available by
23prescription only, regardless of whether the products meet the
24definition of "over-the-counter-drugs". For the purposes of
25this paragraph, "over-the-counter-drug" means a drug for human
26use that contains a label that identifies the product as a drug

 

 

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1as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
2label includes:
3        (A) A "Drug Facts" panel; or
4        (B) A statement of the "active ingredient(s)" with a
5    list of those ingredients contained in the compound,
6    substance or preparation.
7(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
8eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
9    Section 140. The Retailers' Occupation Tax Act is amended
10by changing Section 2-10 as follows:
 
11    (35 ILCS 120/2-10)
12    Sec. 2-10. Rate of tax. Unless otherwise provided in this
13Section, the tax imposed by this Act is at the rate of 6.25% of
14gross receipts from sales of tangible personal property made in
15the course of business.
16    Beginning on July 1, 2000 and through December 31, 2000,
17with respect to motor fuel, as defined in Section 1.1 of the
18Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
19the Use Tax Act, the tax is imposed at the rate of 1.25%.
20    Beginning on August 6, 2010 through August 15, 2010, with
21respect to sales tax holiday items as defined in Section 2-8 of
22this Act, the tax is imposed at the rate of 1.25%.
23    Within 14 days after the effective date of this amendatory
24Act of the 91st General Assembly, each retailer of motor fuel

 

 

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1and gasohol shall cause the following notice to be posted in a
2prominently visible place on each retail dispensing device that
3is used to dispense motor fuel or gasohol in the State of
4Illinois: "As of July 1, 2000, the State of Illinois has
5eliminated the State's share of sales tax on motor fuel and
6gasohol through December 31, 2000. The price on this pump
7should reflect the elimination of the tax." The notice shall be
8printed in bold print on a sign that is no smaller than 4
9inches by 8 inches. The sign shall be clearly visible to
10customers. Any retailer who fails to post or maintain a
11required sign through December 31, 2000 is guilty of a petty
12offense for which the fine shall be $500 per day per each
13retail premises where a violation occurs.
14    With respect to gasohol, as defined in the Use Tax Act, the
15tax imposed by this Act applies to (i) 70% of the proceeds of
16sales made on or after January 1, 1990, and before July 1,
172003, (ii) 80% of the proceeds of sales made on or after July
181, 2003 and on or before December 31, 2013, and (iii) 100% of
19the proceeds of sales made thereafter. If, at any time,
20however, the tax under this Act on sales of gasohol, as defined
21in the Use Tax Act, is imposed at the rate of 1.25%, then the
22tax imposed by this Act applies to 100% of the proceeds of
23sales of gasohol made during that time.
24    With respect to majority blended ethanol fuel, as defined
25in the Use Tax Act, the tax imposed by this Act does not apply
26to the proceeds of sales made on or after July 1, 2003 and on or

 

 

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1before December 31, 2013 but applies to 100% of the proceeds of
2sales made thereafter.
3    With respect to biodiesel blends, as defined in the Use Tax
4Act, with no less than 1% and no more than 10% biodiesel, the
5tax imposed by this Act applies to (i) 80% of the proceeds of
6sales made on or after July 1, 2003 and on or before December
731, 2013 and (ii) 100% of the proceeds of sales made
8thereafter. If, at any time, however, the tax under this Act on
9sales of biodiesel blends, as defined in the Use Tax Act, with
10no less than 1% and no more than 10% biodiesel is imposed at
11the rate of 1.25%, then the tax imposed by this Act applies to
12100% of the proceeds of sales of biodiesel blends with no less
13than 1% and no more than 10% biodiesel made during that time.
14    With respect to 100% biodiesel, as defined in the Use Tax
15Act, and biodiesel blends, as defined in the Use Tax Act, with
16more than 10% but no more than 99% biodiesel, the tax imposed
17by this Act does not apply to the proceeds of sales made on or
18after July 1, 2003 and on or before December 31, 2013 but
19applies to 100% of the proceeds of sales made thereafter.
20    With respect to food for human consumption that is to be
21consumed off the premises where it is sold (other than
22alcoholic beverages, soft drinks, and food that has been
23prepared for immediate consumption) and prescription and
24nonprescription medicines, drugs, medical appliances,
25modifications to a motor vehicle for the purpose of rendering
26it usable by a disabled person, and insulin, urine testing

 

 

HB0030 Engrossed- 71 -LRB097 03078 RLC 43111 b

1materials, syringes, and needles used by diabetics, for human
2use, the tax is imposed at the rate of 1%. For the purposes of
3this Section, until September 1, 2009: the term "soft drinks"
4means any complete, finished, ready-to-use, non-alcoholic
5drink, whether carbonated or not, including but not limited to
6soda water, cola, fruit juice, vegetable juice, carbonated
7water, and all other preparations commonly known as soft drinks
8of whatever kind or description that are contained in any
9closed or sealed bottle, can, carton, or container, regardless
10of size; but "soft drinks" does not include coffee, tea,
11non-carbonated water, infant formula, milk or milk products as
12defined in the Grade A Pasteurized Milk and Milk Products Act,
13or drinks containing 50% or more natural fruit or vegetable
14juice.
15    Notwithstanding any other provisions of this Act,
16beginning September 1, 2009, "soft drinks" means non-alcoholic
17beverages that contain natural or artificial sweeteners. "Soft
18drinks" do not include beverages that contain milk or milk
19products, soy, rice or similar milk substitutes, or greater
20than 50% of vegetable or fruit juice by volume.
21    Until August 1, 2009, and notwithstanding any other
22provisions of this Act, "food for human consumption that is to
23be consumed off the premises where it is sold" includes all
24food sold through a vending machine, except soft drinks and
25food products that are dispensed hot from a vending machine,
26regardless of the location of the vending machine. Beginning

 

 

HB0030 Engrossed- 72 -LRB097 03078 RLC 43111 b

1August 1, 2009, and notwithstanding any other provisions of
2this Act, "food for human consumption that is to be consumed
3off the premises where it is sold" includes all food sold
4through a vending machine, except soft drinks, candy, and food
5products that are dispensed hot from a vending machine,
6regardless of the location of the vending machine.
7    Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "food for human consumption that
9is to be consumed off the premises where it is sold" does not
10include candy. For purposes of this Section, "candy" means a
11preparation of sugar, honey, or other natural or artificial
12sweeteners in combination with chocolate, fruits, nuts or other
13ingredients or flavorings in the form of bars, drops, or
14pieces. "Candy" does not include any preparation that contains
15flour or requires refrigeration.
16    Notwithstanding any other provisions of this Act,
17beginning September 1, 2009, "nonprescription medicines and
18drugs" does not include grooming and hygiene products.
19Beginning on the effective date of this amendatory Act of the
2097th General Assembly, "prescription and nonprescription
21medicines and drugs" includes medical cannabis purchased from a
22registered nonprofit medical cannabis organization under the
23Compassionate Use of Medical Cannabis Pilot Program Act. For
24purposes of this Section, "grooming and hygiene products"
25includes, but is not limited to, soaps and cleaning solutions,
26shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

 

 

HB0030 Engrossed- 73 -LRB097 03078 RLC 43111 b

1lotions and screens, unless those products are available by
2prescription only, regardless of whether the products meet the
3definition of "over-the-counter-drugs". For the purposes of
4this paragraph, "over-the-counter-drug" means a drug for human
5use that contains a label that identifies the product as a drug
6as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
7label includes:
8        (A) A "Drug Facts" panel; or
9        (B) A statement of the "active ingredient(s)" with a
10    list of those ingredients contained in the compound,
11    substance or preparation.
12(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
13eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
 
14    Section 145. The Illinois Vehicle Code is amended by
15changing Section 11-501 and by adding Section 11-501.9 as
16follows:
 
17    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
18    Sec. 11-501. Driving while under the influence of alcohol,
19other drug or drugs, intoxicating compound or compounds or any
20combination thereof.
21    (a) A person shall not drive or be in actual physical
22control of any vehicle within this State while:
23        (1) the alcohol concentration in the person's blood or
24    breath is 0.08 or more based on the definition of blood and

 

 

HB0030 Engrossed- 74 -LRB097 03078 RLC 43111 b

1    breath units in Section 11-501.2;
2        (2) under the influence of alcohol;
3        (3) under the influence of any intoxicating compound or
4    combination of intoxicating compounds to a degree that
5    renders the person incapable of driving safely;
6        (4) under the influence of any other drug or
7    combination of drugs to a degree that renders the person
8    incapable of safely driving;
9        (5) under the combined influence of alcohol, other drug
10    or drugs, or intoxicating compound or compounds to a degree
11    that renders the person incapable of safely driving; or
12        (6) there is any amount of a drug, substance, or
13    compound in the person's breath, blood, or urine resulting
14    from the unlawful use or consumption of cannabis listed in
15    the Cannabis Control Act, a controlled substance listed in
16    the Illinois Controlled Substances Act, an intoxicating
17    compound listed in the Use of Intoxicating Compounds Act,
18    or methamphetamine as listed in the Methamphetamine
19    Control and Community Protection Act. Subject to all other
20    requirements set forth in this Act, for the purposes of
21    this subsection the lawful consumption of cannabis by a
22    qualifying patient licensed under the Compassionate Use of
23    Medical Cannabis Pilot Program Act who is in possession of
24    a valid registry card shall be governed by the provisions
25    set forth in Section 11-501.9.
26    (b) The fact that any person charged with violating this

 

 

HB0030 Engrossed- 75 -LRB097 03078 RLC 43111 b

1Section is or has been legally entitled to use alcohol, other
2drug or drugs, or intoxicating compound or compounds, or any
3combination thereof, shall not constitute a defense against any
4charge of violating this Section.
5    (c) Penalties.
6        (1) Except as otherwise provided in this Section, any
7    person convicted of violating subsection (a) of this
8    Section is guilty of a Class A misdemeanor.
9        (2) A person who violates subsection (a) or a similar
10    provision a second time shall be sentenced to a mandatory
11    minimum term of either 5 days of imprisonment or 240 hours
12    of community service in addition to any other criminal or
13    administrative sanction.
14        (3) A person who violates subsection (a) is subject to
15    6 months of imprisonment, an additional mandatory minimum
16    fine of $1,000, and 25 days of community service in a
17    program benefiting children if the person was transporting
18    a person under the age of 16 at the time of the violation.
19        (4) A person who violates subsection (a) a first time,
20    if the alcohol concentration in his or her blood, breath,
21    or urine was 0.16 or more based on the definition of blood,
22    breath, or urine units in Section 11-501.2, or 2 times the
23    cannabis in Section 11-501.9, shall be subject, in addition
24    to any other penalty that may be imposed, to a mandatory
25    minimum of 100 hours of community service and a mandatory
26    minimum fine of $500.

 

 

HB0030 Engrossed- 76 -LRB097 03078 RLC 43111 b

1        (5) A person who violates subsection (a) a second time,
2    if at the time of the second violation the alcohol
3    concentration in his or her blood, breath, or urine was
4    0.16 or more based on the definition of blood, breath, or
5    urine units in Section 11-501.2, or 2 times the cannabis in
6    Section 11-501.9, shall be subject, in addition to any
7    other penalty that may be imposed, to a mandatory minimum
8    of 2 days of imprisonment and a mandatory minimum fine of
9    $1,250.
10    (d) Aggravated driving under the influence of alcohol,
11other drug or drugs, or intoxicating compound or compounds, or
12any combination thereof.
13        (1) Every person convicted of committing a violation of
14    this Section shall be guilty of aggravated driving under
15    the influence of alcohol, other drug or drugs, or
16    intoxicating compound or compounds, or any combination
17    thereof if:
18            (A) the person committed a violation of subsection
19        (a) or a similar provision for the third or subsequent
20        time;
21            (B) the person committed a violation of subsection
22        (a) while driving a school bus with persons 18 years of
23        age or younger on board;
24            (C) the person in committing a violation of
25        subsection (a) was involved in a motor vehicle accident
26        that resulted in great bodily harm or permanent

 

 

HB0030 Engrossed- 77 -LRB097 03078 RLC 43111 b

1        disability or disfigurement to another, when the
2        violation was a proximate cause of the injuries;
3            (D) the person committed a violation of subsection
4        (a) and has been previously convicted of violating
5        Section 9-3 of the Criminal Code of 1961 or a similar
6        provision of a law of another state relating to
7        reckless homicide in which the person was determined to
8        have been under the influence of alcohol, other drug or
9        drugs, or intoxicating compound or compounds as an
10        element of the offense or the person has previously
11        been convicted under subparagraph (C) or subparagraph
12        (F) of this paragraph (1);
13            (E) the person, in committing a violation of
14        subsection (a) while driving at any speed in a school
15        speed zone at a time when a speed limit of 20 miles per
16        hour was in effect under subsection (a) of Section
17        11-605 of this Code, was involved in a motor vehicle
18        accident that resulted in bodily harm, other than great
19        bodily harm or permanent disability or disfigurement,
20        to another person, when the violation of subsection (a)
21        was a proximate cause of the bodily harm;
22            (F) the person, in committing a violation of
23        subsection (a), was involved in a motor vehicle,
24        snowmobile, all-terrain vehicle, or watercraft
25        accident that resulted in the death of another person,
26        when the violation of subsection (a) was a proximate

 

 

HB0030 Engrossed- 78 -LRB097 03078 RLC 43111 b

1        cause of the death;
2            (G) the person committed a violation of subsection
3        (a) during a period in which the defendant's driving
4        privileges are revoked or suspended, where the
5        revocation or suspension was for a violation of
6        subsection (a) or a similar provision, Section
7        11-501.1, 11-501.9, paragraph (b) of Section 11-401,
8        or for reckless homicide as defined in Section 9-3 of
9        the Criminal Code of 1961;
10            (H) the person committed the violation while he or
11        she did not possess a driver's license or permit or a
12        restricted driving permit or a judicial driving permit
13        or a monitoring device driving permit;
14            (I) the person committed the violation while he or
15        she knew or should have known that the vehicle he or
16        she was driving was not covered by a liability
17        insurance policy;
18            (J) the person in committing a violation of
19        subsection (a) was involved in a motor vehicle accident
20        that resulted in bodily harm, but not great bodily
21        harm, to the child under the age of 16 being
22        transported by the person, if the violation was the
23        proximate cause of the injury; or
24            (K) the person in committing a second violation of
25        subsection (a) or a similar provision was transporting
26        a person under the age of 16.

 

 

HB0030 Engrossed- 79 -LRB097 03078 RLC 43111 b

1        (2)(A) Except as provided otherwise, a person
2    convicted of aggravated driving under the influence of
3    alcohol, other drug or drugs, or intoxicating compound or
4    compounds, or any combination thereof is guilty of a Class
5    4 felony.
6        (B) A third violation of this Section or a similar
7    provision is a Class 2 felony. If at the time of the third
8    violation the alcohol concentration in his or her blood,
9    breath, or urine was 0.16 or more based on the definition
10    of blood, breath, or urine units in Section 11-501.2, a
11    mandatory minimum of 90 days of imprisonment and a
12    mandatory minimum fine of $2,500 shall be imposed in
13    addition to any other criminal or administrative sanction.
14    If at the time of the third violation, the defendant was
15    transporting a person under the age of 16, a mandatory fine
16    of $25,000 and 25 days of community service in a program
17    benefiting children shall be imposed in addition to any
18    other criminal or administrative sanction.
19        (C) A fourth violation of this Section or a similar
20    provision is a Class 2 felony, for which a sentence of
21    probation or conditional discharge may not be imposed. If
22    at the time of the violation, the alcohol concentration in
23    the defendant's blood, breath, or urine was 0.16 or more
24    based on the definition of blood, breath, or urine units in
25    Section 11-501.2, a mandatory minimum fine of $5,000 shall
26    be imposed in addition to any other criminal or

 

 

HB0030 Engrossed- 80 -LRB097 03078 RLC 43111 b

1    administrative sanction. If at the time of the fourth
2    violation, the defendant was transporting a person under
3    the age of 16 a mandatory fine of $25,000 and 25 days of
4    community service in a program benefiting children shall be
5    imposed in addition to any other criminal or administrative
6    sanction.
7        (D) A fifth violation of this Section or a similar
8    provision is a Class 1 felony, for which a sentence of
9    probation or conditional discharge may not be imposed. If
10    at the time of the violation, the alcohol concentration in
11    the defendant's blood, breath, or urine was 0.16 or more
12    based on the definition of blood, breath, or urine units in
13    Section 11-501.2, a mandatory minimum fine of $5,000 shall
14    be imposed in addition to any other criminal or
15    administrative sanction. If at the time of the fifth
16    violation, the defendant was transporting a person under
17    the age of 16, a mandatory fine of $25,000, and 25 days of
18    community service in a program benefiting children shall be
19    imposed in addition to any other criminal or administrative
20    sanction.
21        (E) A sixth or subsequent violation of this Section or
22    similar provision is a Class X felony. If at the time of
23    the violation, the alcohol concentration in the
24    defendant's blood, breath, or urine was 0.16 or more based
25    on the definition of blood, breath, or urine units in
26    Section 11-501.2, a mandatory minimum fine of $5,000 shall

 

 

HB0030 Engrossed- 81 -LRB097 03078 RLC 43111 b

1    be imposed in addition to any other criminal or
2    administrative sanction. If at the time of the violation,
3    the defendant was transporting a person under the age of
4    16, a mandatory fine of $25,000 and 25 days of community
5    service in a program benefiting children shall be imposed
6    in addition to any other criminal or administrative
7    sanction.
8        (F) For a violation of subparagraph (C) of paragraph
9    (1) of this subsection (d), the defendant, if sentenced to
10    a term of imprisonment, shall be sentenced to not less than
11    one year nor more than 12 years.
12        (G) A violation of subparagraph (F) of paragraph (1) of
13    this subsection (d) is a Class 2 felony, for which the
14    defendant, unless the court determines that extraordinary
15    circumstances exist and require probation, shall be
16    sentenced to: (i) a term of imprisonment of not less than 3
17    years and not more than 14 years if the violation resulted
18    in the death of one person; or (ii) a term of imprisonment
19    of not less than 6 years and not more than 28 years if the
20    violation resulted in the deaths of 2 or more persons.
21        (H) For a violation of subparagraph (J) of paragraph
22    (1) of this subsection (d), a mandatory fine of $2,500, and
23    25 days of community service in a program benefiting
24    children shall be imposed in addition to any other criminal
25    or administrative sanction.
26        (I) A violation of subparagraph (K) of paragraph (1) of

 

 

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1    this subsection (d), is a Class 2 felony and a mandatory
2    fine of $2,500, and 25 days of community service in a
3    program benefiting children shall be imposed in addition to
4    any other criminal or administrative sanction. If the child
5    being transported suffered bodily harm, but not great
6    bodily harm, in a motor vehicle accident, and the violation
7    was the proximate cause of that injury, a mandatory fine of
8    $5,000 and 25 days of community service in a program
9    benefiting children shall be imposed in addition to any
10    other criminal or administrative sanction.
11        (J) A violation of subparagraph (D) of paragraph (1) of
12    this subsection (d) is a Class 3 felony, for which a
13    sentence of probation or conditional discharge may not be
14    imposed.
15        (3) Any person sentenced under this subsection (d) who
16    receives a term of probation or conditional discharge must
17    serve a minimum term of either 480 hours of community
18    service or 10 days of imprisonment as a condition of the
19    probation or conditional discharge in addition to any other
20    criminal or administrative sanction.
21    (e) Any reference to a prior violation of subsection (a) or
22a similar provision includes any violation of a provision of a
23local ordinance or a provision of a law of another state or an
24offense committed on a military installation that is similar to
25a violation of subsection (a) of this Section.
26    (f) The imposition of a mandatory term of imprisonment or

 

 

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1assignment of community service for a violation of this Section
2shall not be suspended or reduced by the court.
3    (g) Any penalty imposed for driving with a license that has
4been revoked for a previous violation of subsection (a) of this
5Section shall be in addition to the penalty imposed for any
6subsequent violation of subsection (a).
7    (h) For any prosecution under this Section, a certified
8copy of the driving abstract of the defendant shall be admitted
9as proof of any prior conviction.
10(Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08;
1195-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08;
1295-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
 
13    (625 ILCS 5/11-501.9 new)
14    Sec. 11-501.9. Medical cannabis; qualifying patient;
15restrictions.
16    (a) No person who is a qualifying patient in possession of
17a valid registry card under the Compassionate Use of Medical
18Cannabis Pilot Program Act may operate a motor vehicle unless 6
19hours have passed from the time that the qualifying patient
20last consumed medical cannabis.
21    (b) No person who is a qualifying patient in possession of
22a valid registry card under the Compassionate Use of Medical
23Cannabis Pilot Program Act who has a concentration of cannabis
24in the person's urine of at least 15 nanograms of cannabis per
25milliliter of the person's urine or has a concentration of

 

 

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1cannabis in the person's whole blood of at least 5 nanograms of
2cannabis per milliliter of the person's whole blood shall drive
3or be in actual physical control of any vehicle within this
4State.
5    (c) The sole fact that the person is a qualifying patient
6under the Compassionate Use of Medical Cannabis Pilot Program
7Act in possession of a registry card shall not constitute
8reasonable suspicion or probable cause that there is a
9violation under this Section or elsewhere.
10    (d) Any violation of this Section shall subject the
11offender to the penalties set forth in Section 11-501 and all
12other appropriate sanctions under law.
 
13    Section 150. The Cannabis Control Act is amended by
14changing Sections 4, 5, 8, 9, and 16.1 as follows:
 
15    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
16    Sec. 4. It is unlawful for any person knowingly to possess
17cannabis. Any person who violates this section with respect to:
18        (a) not more than 2.5 grams of any substance containing
19    cannabis is guilty of a Class C misdemeanor;
20        (b) more than 2.5 grams but not more than 10 grams of
21    any substance containing cannabis is guilty of a Class B
22    misdemeanor;
23        (c) more than 10 grams but not more than 30 grams of
24    any substance containing cannabis is guilty of a Class A

 

 

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1    misdemeanor; provided, that if any offense under this
2    subsection (c) is a subsequent offense, the offender shall
3    be guilty of a Class 4 felony;
4        (d) more than 30 grams but not more than 500 grams of
5    any substance containing cannabis is guilty of a Class 4
6    felony; provided that if any offense under this subsection
7    (d) is a subsequent offense, the offender shall be guilty
8    of a Class 3 felony;
9        (e) more than 500 grams but not more than 2,000 grams
10    of any substance containing cannabis is guilty of a Class 3
11    felony;
12        (f) more than 2,000 grams but not more than 5,000 grams
13    of any substance containing cannabis is guilty of a Class 2
14    felony;
15        (g) more than 5,000 grams of any substance containing
16    cannabis is guilty of a Class 1 felony; .
17        (h) if any offense is committed under subsection (a) or
18    (b) and the defendant is a registered nonprofit medical
19    cannabis organization agent, the defendant is guilty of a
20    Class 4 felony;
21        (i) if any offense is committed under subsection (c)
22    and the defendant is a registered nonprofit medical
23    cannabis organization agent, the defendant is guilty of a
24    Class 3 felony;
25        (j) if any offense is committed under subsection (d)
26    and the defendant is a registered nonprofit medical

 

 

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1    cannabis organization agent, the defendant is guilty of a
2    Class 2 felony;
3        (k) if any offense is committed under subsection (e)
4    and the defendant is a registered nonprofit medical
5    cannabis organization agent, the defendant is guilty of a
6    Class 1 felony;
7        (l) if any offense is committed under subsection (f)
8    and the defendant is a registered nonprofit medical
9    cannabis organization agent, the defendant is guilty of a
10    Class X felony; or
11        (m) if any offense is committed under subsection (g)
12    and the defendant is a registered nonprofit medical
13    cannabis organization agent, the defendant is guilty of a
14    Class X felony extended term.
15(Source: P.A. 90-397, eff. 8-15-97.)
 
16    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
17    Sec. 5. It is unlawful for any person knowingly to
18manufacture, deliver, or possess with intent to deliver, or
19manufacture, cannabis. Any person who violates this section
20with respect to:
21    (a) not more than 2.5 grams of any substance containing
22cannabis is guilty of a Class B misdemeanor;
23    (b) more than 2.5 grams but not more than 10 grams of any
24substance containing cannabis is guilty of a Class A
25misdemeanor;

 

 

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1    (c) more than 10 grams but not more than 30 grams of any
2substance containing cannabis is guilty of a Class 4 felony;
3    (d) more than 30 grams but not more than 500 grams of any
4substance containing cannabis is guilty of a Class 3 felony for
5which a fine not to exceed $50,000 may be imposed;
6    (e) more than 500 grams but not more than 2,000 grams of
7any substance containing cannabis is guilty of a Class 2 felony
8for which a fine not to exceed $100,000 may be imposed;
9    (f) more than 2,000 grams but not more than 5,000 grams of
10any substance containing cannabis is guilty of a Class 1 felony
11for which a fine not to exceed $150,000 may be imposed;
12    (g) more than 5,000 grams of any substance containing
13cannabis is guilty of a Class X felony for which a fine not to
14exceed $200,000 may be imposed; .
15    (h) if any offense is committed under subsections (a), (b)
16or (c) and the defendant is a registered nonprofit medical
17cannabis organization agent, the defendant is guilty of a Class
183 felony;
19    (i) if any offense is committed under subsection (d) and
20the defendant is a registered nonprofit medical cannabis
21organization agent, the defendant is guilty of a Class 2
22felony;
23    (j) if any offense is committed under subsection (e) and
24the defendant is a registered nonprofit medical cannabis
25organization agent, the defendant is guilty of a Class 1
26felony;

 

 

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1    (k) if any offense is committed under subsection (f) and
2the defendant is a registered nonprofit medical cannabis
3organization agent, the defendant is guilty of a Class X
4felony; or
5    (l) if any offense is committed under subsection (g) and
6the defendant is a registered nonprofit medical cannabis
7organization agent, the defendant is guilty of a Class X with
8an extended term.
9(Source: P.A. 90-397, eff. 8-15-97.)
 
10    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
11    Sec. 8. It is unlawful for any person knowingly to produce
12the cannabis sativa plant or to possess such plants unless
13production or possession has been authorized pursuant to the
14provisions of Section 11 of the Act. Any person who violates
15this Section with respect to production or possession of:
16    (a) Not more than 5 plants is guilty of a Class A
17misdemeanor.
18    (b) More than 5, but not more than 20 plants, is guilty of
19a Class 4 felony.
20    (c) More than 20, but not more than 50 plants, is guilty of
21a Class 3 felony.
22    (d) More than 50, but not more than 200 plants, is guilty
23of a Class 2 felony for which a fine not to exceed $100,000 may
24be imposed and for which liability for the cost of conducting
25the investigation and eradicating such plants may be assessed.

 

 

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1Compensation for expenses incurred in the enforcement of this
2provision shall be transmitted to and deposited in the
3treasurer's office at the level of government represented by
4the Illinois law enforcement agency whose officers or employees
5conducted the investigation or caused the arrest or arrests
6leading to the prosecution, to be subsequently made available
7to that law enforcement agency as expendable receipts for use
8in the enforcement of laws regulating controlled substances and
9cannabis. If such seizure was made by a combination of law
10enforcement personnel representing different levels of
11government, the court levying the assessment shall determine
12the allocation of such assessment. The proceeds of assessment
13awarded to the State treasury shall be deposited in a special
14fund known as the Drug Traffic Prevention Fund.
15    (e) More than 200 plants is guilty of a Class 1 felony for
16which a fine not to exceed $100,000 may be imposed and for
17which liability for the cost of conducting the investigation
18and eradicating such plants may be assessed. Compensation for
19expenses incurred in the enforcement of this provision shall be
20transmitted to and deposited in the treasurer's office at the
21level of government represented by the Illinois law enforcement
22agency whose officers or employees conducted the investigation
23or caused the arrest or arrests leading to the prosecution, to
24be subsequently made available to that law enforcement agency
25as expendable receipts for use in the enforcement of laws
26regulating controlled substances and cannabis. If such seizure

 

 

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1was made by a combination of law enforcement personnel
2representing different levels of government, the court levying
3the assessment shall determine the allocation of such
4assessment. The proceeds of assessment awarded to the State
5treasury shall be deposited in a special fund known as the Drug
6Traffic Prevention Fund.
7(Source: P.A. 95-247, eff. 1-1-08.)
 
8    (720 ILCS 550/9)  (from Ch. 56 1/2, par. 709)
9    Sec. 9. (a) Any person who engages in a calculated criminal
10cannabis conspiracy, as defined in subsection (b), is guilty of
11a Class 3 felony, and fined not more than $200,000 and shall be
12subject to the forfeitures prescribed in subsection (c); except
13that, if any person engages in such offense after one or more
14prior convictions under this Section, Section 4 (d), Section 5
15(d), Section 8 (d) or any law of the United States or of any
16State relating to cannabis, or controlled substances as defined
17in the Illinois Controlled Substances Act, in addition to the
18fine and forfeiture authorized above, he shall be guilty of a
19Class 1 felony for which an offender may not be sentenced to
20death; if any offense is committed under this Section and the
21defendant is a registered nonprofit medical cannabis
22organization agent, the defendant is guilty of a Class X
23felony.
24    (b) For purposes of this section, a person engages in a
25calculated criminal cannabis conspiracy when:

 

 

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1    (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c) or
28 (d) of this Act; and
3    (2) such violation is a part of a conspiracy undertaken or
4carried on with 2 or more other persons; and
5    (3) he obtains anything of value greater than $500 from, or
6organizes, directs or finances such violation or conspiracy.
7    (c) Any person who is convicted under this Section of
8engaging in a calculated criminal cannabis conspiracy shall
9forfeit to the State of Illinois:
10    (1) the receipts obtained by him in such conspiracy; and
11    (2) any of his interests in, claims against, receipts from,
12or property or rights of any kind affording a source of
13influence over, such conspiracy.
14    (d) The circuit court may enter such injunctions,
15restraining orders, directions, or prohibitions, or take such
16other actions, including the acceptance of satisfactory
17performance bonds, in connection with any property, claim,
18receipt, right or other interest subject to forfeiture under
19this Section, as it deems proper.
20(Source: P.A. 84-1233.)
 
21    (720 ILCS 550/16.1)  (from Ch. 56 1/2, par. 716.1)
22    Sec. 16.1. In any prosecution for any violation of this
23Act, it shall be an affirmative defense that the substance
24possessed by the defendant was regulated as a controlled
25substance under the Illinois Controlled Substances Act or

 

 

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1pursuant to the Compassionate Use of Medical Cannabis Pilot
2Program Act. In order to raise this affirmative defense, the
3defendant shall give notice thereof to the State not less than
47 days prior to trial.
5(Source: P.A. 84-1313; 84-1362.)
 
6    (720 ILCS 550/11 rep.)
7    (720 ILCS 550/15 rep.)
8    Section 155. The Cannabis Control Act is amended by
9repealing Sections 11 and 15.
 
10    Section 160. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.