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Public Act 098-0775


 

Public Act 0775 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0775
 
SB2636 EnrolledLRB098 15170 RPM 50147 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Sections 10 and 60 as
follows:
 
    (410 ILCS 130/10)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
    (a) "Adequate supply" means:
        (1) 2.5 ounces of usable cannabis during a period of 14
    days and that is derived solely from an intrastate source.
        (2) Subject to the rules of the Department of Public
    Health, a patient may apply for a waiver where a physician
    provides a substantial medical basis in a signed, written
    statement asserting that, based on the patient's medical
    history, in the physician's professional judgment, 2.5
    ounces is an insufficient adequate supply for a 14-day
    period to properly alleviate the patient's debilitating
    medical condition or symptoms associated with the
    debilitating medical condition.
        (3) This subsection may not be construed to authorize
    the possession of more than 2.5 ounces at any time without
    authority from the Department of Public Health.
        (4) The pre-mixed weight of medical cannabis used in
    making a cannabis infused product shall apply toward the
    limit on the total amount of medical cannabis a registered
    qualifying patient may possess at any one time.
    (b) "Cannabis" has the meaning given that term in Section 3
of the Cannabis Control Act.
    (c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department for the purposes of
documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
    (d) "Cardholder" means a qualifying patient or a designated
caregiver who has been issued and possesses a valid registry
identification card by the Department of Public Health.
    (e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.
    (f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
    (g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
    (h) "Debilitating medical condition" means one or more of
the following:
        (1) cancer, glaucoma, positive status for human
    immunodeficiency virus, acquired immune deficiency
    syndrome, hepatitis C, amyotrophic lateral sclerosis,
    Crohn's disease, agitation of Alzheimer's disease,
    cachexia/wasting syndrome, muscular dystrophy, severe
    fibromyalgia, spinal cord disease, including but not
    limited to arachnoiditis, Tarlov cysts, hydromyelia,
    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
    spinal cord injury, traumatic brain injury and
    post-concussion syndrome, Multiple Sclerosis,
    Arnold-Chiari malformation and Syringomyelia,
    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
    (Complex Regional Pain Syndromes Type II),
    Neurofibromatosis, Chronic Inflammatory Demyelinating
    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
    syndrome, residual limb pain, seizures (including those
    characteristic of epilepsy), or the treatment of these
    conditions; or
        (2) any other debilitating medical condition or its
    treatment that is added by the Department of Public Health
    by rule as provided in Section 45.
    (i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (4) assists no more than one
registered qualifying patient with his or her medical use of
cannabis.
    (j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.
    (k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients.
    (l) "Excluded offense" means:
        (1) a violent crime defined in Section 3 of the Rights
    of Crime Victims and Witnesses Act or a substantially
    similar offense that was classified as a felony in the
    jurisdiction where the person was convicted; or
        (2) a violation of a state or federal controlled
    substance law that was classified as a felony in the
    jurisdiction where the person was convicted, except that
    the registering Department may waive this restriction if
    the person demonstrates to the registering Department's
    satisfaction that his or her conviction was for the
    possession, cultivation, transfer, or delivery of a
    reasonable amount of cannabis intended for medical use.
    This exception does not apply if the conviction was under
    state law and involved a violation of an existing medical
    cannabis law.
    (m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
    (n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.
    (o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization" means
a facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients.
    (p) "Medical cannabis dispensing organization agent" or
"dispensing organization agent" means a principal officer,
board member, employee, or agent of a registered medical
cannabis dispensing organization who is 21 years of age or
older and has not been convicted of an excluded offense.
    (q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.
    (r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
    (s) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act. It
does not include a licensed practitioner under any other Act
including but not limited to the Illinois Dental Practice Act.
    (t) "Qualifying patient" means a person who has been
diagnosed by a physician as having a debilitating medical
condition.
    (u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of
Public Health, or Department of Financial and Professional
Regulation.
    (v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient or registered designated
caregiver.
    (w) "Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant and any mixture or preparation
thereof, but does not include the stalks, and roots of the
plant. It does not include the weight of any non-cannabis
ingredients combined with cannabis, such as ingredients added
to prepare a topical administration, food, or drink.
    (x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the
Department of Financial and Professional Regulation, law
enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
    (y) "Written certification" means a document dated and
signed by a physician, stating (1) that in the physician's
professional opinion the patient is likely to receive
therapeutic or palliative benefit from the medical use of
cannabis to treat or alleviate the patient's debilitating
medical condition or symptoms associated with the debilitating
medical condition; (2) that the qualifying patient has a
debilitating medical condition and specifying the debilitating
medical condition the qualifying patient has; and (3) that the
patient is under the physician's care for the debilitating
medical condition. A written certification shall be made only
in the course of a bona fide physician-patient relationship,
after the physician has completed an assessment of the
qualifying patient's medical history, reviewed relevant
records related to the patient's debilitating condition, and
conducted a physical examination.
    A veteran who has received treatment at a VA hospital shall
be deemed to have a bona fide physician-patient relationship
with a VA physician if the patient has been seen for his or her
debilitating medical condition at the VA Hospital in accordance
with VA Hospital protocols.
    A bona fide physician-patient relationship under this
subsection is a privileged communication within the meaning of
Section 8-802 of the Code of Civil Procedure.
(Source: P.A. 98-122, eff. 1-1-14.)
 
    (410 ILCS 130/60)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 60. Issuance of registry identification cards.
    (a) Except as provided in subsection (b), the Department of
Public Health shall:
        (1) verify the information contained in an application
    or renewal for a registry identification card submitted
    under this Act, and approve or deny an application or
    renewal, within 30 days of receiving a completed
    application or renewal application and all supporting
    documentation specified in Section 55;
        (2) issue registry identification cards to a
    qualifying patient and his or her designated caregiver, if
    any, within 15 business days of approving the application
    or renewal;
        (3) enter the registry identification number of the
    registered dispensing organization the patient designates
    into the verification system; and
        (4) allow for an electronic application process, and
    provide a confirmation by electronic or other methods that
    an application has been submitted.
    (b) The Department of Public Health may not issue a
registry identification card to a qualifying patient who is
under 18 years of age, unless that patient suffers from
seizures, including those characteristic of epilepsy, or as
provided by administrative rule. The Department of Public
Health shall adopt rules for the issuance of a registry
identification card for qualifying patients who are under 18
years of age and suffering from seizures, including those
characteristic of epilepsy. The Department of Public Health may
adopt rules to allow other individuals under 18 years of age to
become registered qualifying patients under this Act with the
consent of a parent or legal guardian. Registered qualifying
patients under 18 years of age shall be prohibited from
consuming forms of cannabis other than medical cannabis infused
products and purchasing any usable cannabis.
    (c) A veteran who has received treatment at a VA hospital
is deemed to have a bona fide physician-patient relationship
with a VA physician if the patient has been seen for his or her
debilitating medical condition at the VA hospital in accordance
with VA hospital protocols. All reasonable inferences
regarding the existence of a bona fide physician-patient
relationship shall be drawn in favor of an applicant who is a
veteran and has undergone treatment at a VA hospital.
    (d) Upon the approval of the registration and issuance of a
registry card under this Section, the Department of Public
Health shall forward the designated caregiver or registered
qualified patient's driver's registration number to the
Secretary of State and certify that the individual is permitted
to engage in the medical use of cannabis. For the purposes of
law enforcement, the Secretary of State shall make a notation
on the person's driving record stating the person is a
registered qualifying patient who is entitled to the lawful
medical use of cannabis. If the person no longer holds a valid
registry card, the Department shall notify the Secretary of
State and the Secretary of State shall remove the notation from
the person's driving record. The Department and the Secretary
of State may establish a system by which the information may be
shared electronically.
(Source: P.A. 98-122, eff. 1-1-14.)

Effective Date: 1/1/2015