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Full Text of SB2636  98th General Assembly

SB2636enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 10 and 60 as
6follows:
 
7    (410 ILCS 130/10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 10. Definitions. The following terms, as used in this
10Act, shall have the meanings set forth in this Section:
11    (a) "Adequate supply" means:
12        (1) 2.5 ounces of usable cannabis during a period of 14
13    days and that is derived solely from an intrastate source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a physician
16    provides a substantial medical basis in a signed, written
17    statement asserting that, based on the patient's medical
18    history, in the physician's professional judgment, 2.5
19    ounces is an insufficient adequate supply for a 14-day
20    period to properly alleviate the patient's debilitating
21    medical condition or symptoms associated with the
22    debilitating medical condition.
23        (3) This subsection may not be construed to authorize

 

 

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

 

 

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

 

 

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1    characteristic of epilepsy), or the treatment of these
2    conditions; or
3        (2) any other debilitating medical condition or its
4    treatment that is added by the Department of Public Health
5    by rule as provided in Section 45.
6    (i) "Designated caregiver" means a person who: (1) is at
7least 21 years of age; (2) has agreed to assist with a
8patient's medical use of cannabis; (3) has not been convicted
9of an excluded offense; and (4) assists no more than one
10registered qualifying patient with his or her medical use of
11cannabis.
12    (j) "Dispensing organization agent identification card"
13means a document issued by the Department of Financial and
14Professional Regulation that identifies a person as a medical
15cannabis dispensing organization agent.
16    (k) "Enclosed, locked facility" means a room, greenhouse,
17building, or other enclosed area equipped with locks or other
18security devices that permit access only by a cultivation
19center's agents or a dispensing organization's agent working
20for the registered cultivation center or the registered
21dispensing organization to cultivate, store, and distribute
22cannabis for registered qualifying patients.
23    (l) "Excluded offense" means:
24        (1) a violent crime defined in Section 3 of the Rights
25    of Crime Victims and Witnesses Act or a substantially
26    similar offense that was classified as a felony in the

 

 

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1    jurisdiction where the person was convicted; or
2        (2) a violation of a state or federal controlled
3    substance law that was classified as a felony in the
4    jurisdiction where the person was convicted, except that
5    the registering Department may waive this restriction if
6    the person demonstrates to the registering Department's
7    satisfaction that his or her conviction was for the
8    possession, cultivation, transfer, or delivery of a
9    reasonable amount of cannabis intended for medical use.
10    This exception does not apply if the conviction was under
11    state law and involved a violation of an existing medical
12    cannabis law.
13    (m) "Medical cannabis cultivation center registration"
14means a registration issued by the Department of Agriculture.
15    (n) "Medical cannabis container" means a sealed,
16traceable, food compliant, tamper resistant, tamper evident
17container, or package used for the purpose of containment of
18medical cannabis from a cultivation center to a dispensing
19organization.
20    (o) "Medical cannabis dispensing organization", or
21"dispensing organization", or "dispensary organization" means
22a facility operated by an organization or business that is
23registered by the Department of Financial and Professional
24Regulation to acquire medical cannabis from a registered
25cultivation center for the purpose of dispensing cannabis,
26paraphernalia, or related supplies and educational materials

 

 

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

 

 

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1Regulation.
2    (v) "Registry identification card" means a document issued
3by the Department of Public Health that identifies a person as
4a registered qualifying patient or registered designated
5caregiver.
6    (w) "Usable cannabis" means the seeds, leaves, buds, and
7flowers of the cannabis plant and any mixture or preparation
8thereof, but does not include the stalks, and roots of the
9plant. It does not include the weight of any non-cannabis
10ingredients combined with cannabis, such as ingredients added
11to prepare a topical administration, food, or drink.
12    (x) "Verification system" means a Web-based system
13established and maintained by the Department of Public Health
14that is available to the Department of Agriculture, the
15Department of Financial and Professional Regulation, law
16enforcement personnel, and registered medical cannabis
17dispensing organization agents on a 24-hour basis for the
18verification of registry identification cards, the tracking of
19delivery of medical cannabis to medical cannabis dispensing
20organizations, and the tracking of the date of sale, amount,
21and price of medical cannabis purchased by a registered
22qualifying patient.
23    (y) "Written certification" means a document dated and
24signed by a physician, stating (1) that in the physician's
25professional opinion the patient is likely to receive
26therapeutic or palliative benefit from the medical use of

 

 

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

 

 

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

 

 

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

 

 

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