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Public Act 101-0370


 

Public Act 0370 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0370
 
SB0455 EnrolledLRB101 04216 AXK 49224 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
22-33 as follows:
 
    (105 ILCS 5/22-33)
    Sec. 22-33. Medical cannabis.
    (a) This Section may be referred to as Ashley's Law.
    (a-5) In this Section:
    "Designated , "designated caregiver", "medical cannabis
infused product", "qualifying patient", and "registered" have
the meanings given to those terms under Section 10 of the
Compassionate Use of Medical Cannabis Pilot Program Act.
    "Self-administration" means a student's discretionary use
of his or her medical cannabis infused product.
    (b) Subject to the restrictions under subsections (c)
through (g) of this Section, a school district, public school,
charter school, or nonpublic school shall authorize a parent or
guardian or any other individual registered with the Department
of Public Health as a designated caregiver of a student who is
a registered qualifying patient to administer a medical
cannabis infused product to the student on the premises of the
child's school or on the child's school bus if both the student
(as a registered qualifying patient) and the parent or guardian
or other individual (as a registered designated caregiver) have
been issued registry identification cards under the
Compassionate Use of Medical Cannabis Pilot Program Act. After
administering the product, the parent or guardian or other
individual shall remove the product from the school premises or
the school bus.
    (b-5) Notwithstanding subsection (b) and subject to the
restrictions under subsections (c) through (g), a school
district, public school, charter school, or nonpublic school
must allow a school nurse or school administrator to administer
a medical cannabis infused product to a student who is a
registered qualifying patient (i) while on school premises,
(ii) while at a school-sponsored activity, or (iii) before or
after normal school activities, including while the student is
in before-school or after-school care on school-operated
property or while the student is being transported on a school
bus. A school district, public school, charter school, or
nonpublic school may authorize the self-administration of a
medical cannabis infused product by a student who is a
registered qualifying patient if the self-administration takes
place under the direct supervision of a school nurse or school
administrator.
    Before allowing the administration of a medical cannabis
infused product by a school nurse or school administrator or a
student's self-administration of a medical cannabis infused
product under the supervision of a school nurse or school
administrator under this subsection, the parent or guardian of
a student who is the registered qualifying patient must provide
written authorization for its use, along with a copy of the
registry identification card of the student (as a registered
qualifying patient) and the parent or guardian (as a registered
designated caregiver). The written authorization must specify
the times where or the special circumstances under which the
medical cannabis infused product must be administered. The
written authorization and a copy of the registry identification
cards must be kept on file in the office of the school nurse.
The authorization for a student to self-administer medical
cannabis infused products is effective for the school year in
which it is granted and must be renewed each subsequent school
year upon fulfillment of the requirements of this Section.
    (b-10) Medical cannabis infused products that are to be
administered under subsection (b-5) must be stored with the
school nurse at all times in a manner consistent with storage
of other student medication at the school and may be accessible
only by the school nurse or a school administrator.
    (c) A parent or guardian or other individual may not
administer a medical cannabis infused product under this
Section in a manner that, in the opinion of the school district
or school, would create a disruption to the school's
educational environment or would cause exposure of the product
to other students.
    (d) A school district or school may not discipline a
student who is administered a medical cannabis infused product
by a parent or guardian or other individual under this Section
or who self-administers a medical cannabis infused product
under the supervision of a school nurse or school administrator
under this Section and may not deny the student's eligibility
to attend school solely because the student requires the
administration of the product.
    (e) Nothing in this Section requires a member of a school's
staff to administer a medical cannabis infused product to a
student.
    (f) A school district, public school, charter school, or
nonpublic school may not authorize the use of a medical
cannabis infused product under this Section if the school
district or school would lose federal funding as a result of
the authorization.
    (f-5) The State Board of Education, in consultation with
the Department of Public Health, must develop a training
curriculum for school nurses and school administrators on the
administration of medical cannabis infused products. Prior to
the administration of a medical cannabis infused product under
subsection (b-5), a school nurse or school administrator must
annually complete the training curriculum developed under this
subsection and must submit to the school's administration proof
of its completion. A school district, public school, charter
school, or nonpublic school must maintain records related to
the training curriculum and of the school nurses or school
administrators who have completed the training.
    (g) A school district, public school, charter school, or
nonpublic school shall adopt a policy to implement this
Section.
(Source: P.A. 100-660, eff. 8-1-18.)
 
    Section 10. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Section 25 as follows:
 
    (410 ILCS 130/25)
    (Section scheduled to be repealed on July 1, 2020)
    Sec. 25. Immunities and presumptions related to the medical
use of cannabis.
    (a) A registered qualifying patient is not subject to
arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
the medical use of cannabis in accordance with this Act, if the
registered qualifying patient possesses an amount of cannabis
that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis
and, where the registered qualifying patient is a licensed
professional, the use of cannabis does not impair that licensed
professional when he or she is engaged in the practice of the
profession for which he or she is licensed.
    (b) A registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege,
including but not limited to civil penalty or disciplinary
action by an occupational or professional licensing board, for
acting in accordance with this Act to assist a registered
qualifying patient to whom he or she is connected through the
Department's registration process with the medical use of
cannabis if the designated caregiver possesses an amount of
cannabis that does not exceed an adequate supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis. A
school nurse or school administrator is not subject to arrest,
prosecution, or denial of any right or privilege, including,
but not limited to, a civil penalty, for acting in accordance
with Section 22-33 of the School Code relating to administering
or assisting a student in self-administering a medical cannabis
infused product. The total amount possessed between the
qualifying patient and caregiver shall not exceed the patient's
adequate supply as defined in subsection (a) of Section 10 of
this Act.
    (c) A registered qualifying patient or registered
designated caregiver is not subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to
civil penalty or disciplinary action by an occupational or
professional licensing board for possession of cannabis that is
incidental to medical use, but is not usable cannabis as
defined in this Act.
    (d)(1) There is a rebuttable presumption that a registered
qualifying patient is engaged in, or a designated caregiver is
assisting with, the medical use of cannabis in accordance with
this Act if the qualifying patient or designated caregiver:
        (A) is in possession of a valid registry identification
    card; and
        (B) is in possession of an amount of cannabis that does
    not exceed the amount allowed under subsection (a) of
    Section 10.
    (2) The presumption may be rebutted by evidence that
conduct related to cannabis was not for the purpose of treating
or alleviating the qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical
condition in compliance with this Act.
    (e) A physician is not subject to arrest, prosecution, or
penalty in any manner, or denied any right or privilege,
including but not limited to civil penalty or disciplinary
action by the Medical Disciplinary Board or by any other
occupational or professional licensing board, solely for
providing written certifications or for otherwise stating
that, in the physician's professional opinion, a 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, provided that nothing shall
prevent a professional licensing or disciplinary board from
sanctioning a physician for: (1) issuing a written
certification to a patient who is not under the physician's
care for a debilitating medical condition; or (2) failing to
properly evaluate a patient's medical condition or otherwise
violating the standard of care for evaluating medical
conditions.
    (f) No person may be subject to arrest, prosecution, or
denial of any right or privilege, including but not limited to
civil penalty or disciplinary action by an occupational or
professional licensing board, solely for: (1) selling cannabis
paraphernalia to a cardholder upon presentation of an unexpired
registry identification card in the recipient's name, if
employed and registered as a dispensing agent by a registered
dispensing organization; (2) being in the presence or vicinity
of the medical use of cannabis as allowed under this Act; or
(3) assisting a registered qualifying patient with the act of
administering cannabis.
    (g) A registered cultivation center is not subject to
prosecution; search or inspection, except by the Department of
Agriculture, Department of Public Health, or State or local law
enforcement under Section 130; seizure; or penalty in any
manner, or be denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business
licensing board or entity, for acting under this Act and
Department of Agriculture rules to: acquire, possess,
cultivate, manufacture, deliver, transfer, transport, supply,
or sell cannabis to registered dispensing organizations.
    (h) A registered cultivation center agent is not subject to
prosecution, search, or penalty in any manner, or be denied any
right or privilege, including but not limited to civil penalty
or disciplinary action by a business licensing board or entity,
for working or volunteering for a registered cannabis
cultivation center under this Act and Department of Agriculture
rules, including to perform the actions listed under subsection
(g).
    (i) A registered dispensing organization is not subject to
prosecution; search or inspection, except by the Department of
Financial and Professional Regulation or State or local law
enforcement pursuant to Section 130; seizure; or penalty in any
manner, or be denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business
licensing board or entity, for acting under this Act and
Department of Financial and Professional Regulation rules to:
acquire, possess, or dispense cannabis, or related supplies,
and educational materials to registered qualifying patients or
registered designated caregivers on behalf of registered
qualifying patients.
    (j) A registered dispensing organization agent is not
subject to prosecution, search, or penalty in any manner, or be
denied any right or privilege, including but not limited to
civil penalty or disciplinary action by a business licensing
board or entity, for working or volunteering for a dispensing
organization under this Act and Department of Financial and
Professional Regulation rules, including to perform the
actions listed under subsection (i).
    (k) Any cannabis, cannabis paraphernalia, illegal
property, or interest in legal property that is possessed,
owned, or used in connection with the medical use of cannabis
as allowed under this Act, or acts incidental to that use, may
not be seized or forfeited. This Act does not prevent the
seizure or forfeiture of cannabis exceeding the amounts allowed
under this Act, nor shall it prevent seizure or forfeiture if
the basis for the action is unrelated to the cannabis that is
possessed, manufactured, transferred, or used under this Act.
    (l) Mere possession of, or application for, a registry
identification card or registration certificate does not
constitute probable cause or reasonable suspicion, nor shall it
be used as the sole basis to support the search of the person,
property, or home of the person possessing or applying for the
registry identification card. The possession of, or
application for, a registry identification card does not
preclude the existence of probable cause if probable cause
exists on other grounds.
    (m) Nothing in this Act shall preclude local or State law
enforcement agencies from searching a registered cultivation
center where there is probable cause to believe that the
criminal laws of this State have been violated and the search
is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
    (n) Nothing in this Act shall preclude local or state law
enforcement agencies from searching a registered dispensing
organization where there is probable cause to believe that the
criminal laws of this State have been violated and the search
is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
    (o) No individual employed by the State of Illinois shall
be subject to criminal or civil penalties for taking any action
in accordance with the provisions of this Act, when the actions
are within the scope of his or her employment. Representation
and indemnification of State employees shall be provided to
State employees as set forth in Section 2 of the State Employee
Indemnification Act.
    (p) No law enforcement or correctional agency, nor any
individual employed by a law enforcement or correctional
agency, shall be subject to criminal or civil liability, except
for willful and wanton misconduct, as a result of taking any
action within the scope of the official duties of the agency or
individual to prohibit or prevent the possession or use of
cannabis by a cardholder incarcerated at a correctional
facility, jail, or municipal lockup facility, on parole or
mandatory supervised release, or otherwise under the lawful
jurisdiction of the agency or individual.
(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)

Effective Date: 1/1/2020