Sen. Don Harmon

Filed: 4/19/2018

 

 


 

 


 
10000SB0336sam003LRB100 05118 MJP 38791 a

1
AMENDMENT TO SENATE BILL 336

2    AMENDMENT NO. ______. Amend Senate Bill 336, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. This Act may be referred to as the Alternatives
6to Opioids Act of 2018.
 
7    Section 5. The Compassionate Use of Medical Cannabis Pilot
8Program Act is amended by changing Sections 5, 7, 10, 35, 55,
960, 65, 75, 130, and 160 and by adding Section 62 as follows:
 
10    (410 ILCS 130/5)
11    (Section scheduled to be repealed on July 1, 2020)
12    Sec. 5. Findings.
13    (a) The recorded use of cannabis as a medicine goes back
14nearly 5,000 years. Modern medical research has confirmed the
15beneficial uses of cannabis in treating or alleviating the

 

 

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1pain, nausea, and other symptoms associated with a variety of
2debilitating medical conditions, including cancer, multiple
3sclerosis, and HIV/AIDS, as found by the National Academy of
4Sciences' Institute of Medicine in March 1999.
5    (b) Studies published since the 1999 Institute of Medicine
6report continue to show the therapeutic value of cannabis in
7treating a wide array of debilitating medical conditions. These
8include relief of the neuropathic pain caused by multiple
9sclerosis, HIV/AIDS, and other illnesses that often fail to
10respond to conventional treatments and relief of nausea,
11vomiting, and other side effects of drugs used to treat
12HIV/AIDS and hepatitis C, increasing the chances of patients
13continuing on life-saving treatment regimens.
14    (c) Cannabis has many currently accepted medical uses in
15the United States, having been recommended by thousands of
16licensed physicians to at least 600,000 patients in states with
17medical cannabis laws. The medical utility of cannabis is
18recognized by a wide range of medical and public health
19organizations, including the American Academy of HIV Medicine,
20the American College of Physicians, the American Nurses
21Association, the American Public Health Association, the
22Leukemia & Lymphoma Society, and many others.
23    (d) Data from the Federal Bureau of Investigation's Uniform
24Crime Reports and the Compendium of Federal Justice Statistics
25show that approximately 99 out of every 100 cannabis arrests in
26the U.S. are made under state law, rather than under federal

 

 

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1law. Consequently, changing State law will have the practical
2effect of protecting from arrest the vast majority of seriously
3ill patients who have a medical need to use cannabis.
4    (d-5) In 2014, the Task Force on Veterans' Suicide was
5created by the Illinois General Assembly to gather data on
6veterans' suicide prevention. Data from a U.S. Department of
7Veterans Affairs study indicates that 22 veterans commit
8suicide each day.
9    (d-10) According to the State of Illinois Opioid Action
10Plan released in September 2017, "The opioid epidemic is the
11most significant public health and public safety crisis facing
12Illinois".
13    According to the Action Plan, "Fueled by the growing opioid
14epidemic, drug overdoses have now become the leading cause of
15death nationwide for people under the age of 50. In Illinois,
16opioid overdoses have killed nearly 11,000 people since 2008.
17Just last year, nearly 1,900 people died of overdoses—almost
18twice the number of fatal car accidents. Beyond these deaths
19are thousands of emergency department visits, hospital stays,
20as well as the pain suffered by individuals, families, and
21communities".
22    According to the Action Plan, "At the current rate, the
23opioid epidemic will claim the lives of more than 2,700
24Illinoisans in 2020".
25    Further, the Action Plan states, "Physical tolerance to
26opioids can begin to develop as early as two to three days

 

 

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1following the continuous use of opioids, which is a large
2factor that contributes to their addictive potential".
3    The 2017 State of Illinois Opioid Action Plan also states,
4"The increase in OUD [opioid use disorder] and opioid overdose
5deaths is largely due to the dramatic rise in the rate and
6amount of opioids prescribed for pain over the past decades".
7    Further, according to the Action Plan, "In the absence of
8alternative treatments, reducing the supply of prescription
9opioids too abruptly may drive more people to switch to using
10illicit drugs (including heroin), thus increasing the risk of
11overdose".
12    (e) Alaska, Arizona, California, Colorado, Connecticut,
13Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
14Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
15Washington, and Washington, D.C. have removed state-level
16criminal penalties from the medical use and cultivation of
17cannabis. Illinois joins in this effort for the health and
18welfare of its citizens.
19    (f) States are not required to enforce federal law or
20prosecute people for engaging in activities prohibited by
21federal law. Therefore, compliance with this Act does not put
22the State of Illinois in violation of federal law.
23    (g) State law should make a distinction between the medical
24and non-medical uses of cannabis. Hence, the purpose of this
25Act is to protect patients with debilitating medical
26conditions, as well as their physicians and providers, from

 

 

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1arrest and prosecution, criminal and other penalties, and
2property forfeiture if the patients engage in the medical use
3of cannabis.
4(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
5    (410 ILCS 130/7)
6    (Section scheduled to be repealed on July 1, 2020)
7    Sec. 7. Lawful user and lawful products. For the purposes
8of this Act and to clarify the legislative findings on the
9lawful use of cannabis:
10        (1) A cardholder under this Act shall not be considered
11    an unlawful user or addicted to narcotics solely as a
12    result of his or her qualifying patient or designated
13    caregiver status.
14        (2) All medical cannabis products purchased by a
15    qualifying patient at a licensed dispensing organization
16    shall be lawful products and a distinction shall be made
17    between medical and non-medical uses of cannabis as a
18    result of the qualifying patient's cardholder status under
19    the authorized use granted under State law.
20        (3) An individual in possession of an endorsement card
21    from a dispensary organization under Section 62 shall not
22    be considered an unlawful user or addicted to narcotics
23    solely as a result of his or her endorsement card.
24(Source: P.A. 99-519, eff. 6-30-16.)
 

 

 

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1    (410 ILCS 130/10)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 10. Definitions. The following terms, as used in this
4Act, shall have the meanings set forth in this Section:
5    (a) "Adequate supply" means:
6        (1) 2.5 ounces of usable cannabis during a period of 14
7    days and that is derived solely from an intrastate source.
8        (2) Subject to the rules of the Department of Public
9    Health, a patient may apply for a waiver where a physician
10    provides a substantial medical basis in a signed, written
11    statement asserting that, based on the patient's medical
12    history, in the physician's professional judgment, 2.5
13    ounces is an insufficient adequate supply for a 14-day
14    period to properly alleviate the patient's debilitating
15    medical condition or symptoms associated with the
16    debilitating medical condition.
17        (3) This subsection may not be construed to authorize
18    the possession of more than 2.5 ounces at any time without
19    authority from the Department of Public Health.
20        (4) The pre-mixed weight of medical cannabis used in
21    making a cannabis infused product shall apply toward the
22    limit on the total amount of medical cannabis a registered
23    qualifying patient may possess at any one time.
24    (b) "Cannabis" has the meaning given that term in Section 3
25of the Cannabis Control Act.
26    (c) "Cannabis plant monitoring system" means a system that

 

 

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1includes, but is not limited to, testing and data collection
2established and maintained by the registered cultivation
3center and available to the Department for the purposes of
4documenting each cannabis plant and for monitoring plant
5development throughout the life cycle of a cannabis plant
6cultivated for the intended use by a qualifying patient from
7seed planting to final packaging.
8    (d) "Cardholder" means a qualifying patient or a designated
9caregiver who has been issued and possesses a valid registry
10identification card by the Department of Public Health.
11    (e) "Cultivation center" means a facility operated by an
12organization or business that is registered by the Department
13of Agriculture to perform necessary activities to provide only
14registered medical cannabis dispensing organizations with
15usable medical cannabis.
16    (f) "Cultivation center agent" means a principal officer,
17board member, employee, or agent of a registered cultivation
18center who is 21 years of age or older and has not been
19convicted of an excluded offense.
20    (g) "Cultivation center agent identification card" means a
21document issued by the Department of Agriculture that
22identifies a person as a cultivation center agent.
23    (h) "Debilitating medical condition" means one or more of
24the following:
25        (1) cancer, glaucoma, positive status for human
26    immunodeficiency virus, acquired immune deficiency

 

 

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1    syndrome, hepatitis C, amyotrophic lateral sclerosis,
2    Crohn's disease, agitation of Alzheimer's disease,
3    cachexia/wasting syndrome, muscular dystrophy, severe
4    fibromyalgia, spinal cord disease, including but not
5    limited to arachnoiditis, Tarlov cysts, hydromyelia,
6    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
7    spinal cord injury, traumatic brain injury and
8    post-concussion syndrome, Multiple Sclerosis,
9    Arnold-Chiari malformation and Syringomyelia,
10    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
11    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
12    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
13    (Complex Regional Pain Syndromes Type II),
14    Neurofibromatosis, Chronic Inflammatory Demyelinating
15    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
16    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
17    syndrome, residual limb pain, seizures (including those
18    characteristic of epilepsy), post-traumatic stress
19    disorder (PTSD), or the treatment of these conditions;
20        (1.5) terminal illness with a diagnosis of 6 months or
21    less; if the terminal illness is not one of the qualifying
22    debilitating medical conditions, then the physician shall
23    on the certification form identify the cause of the
24    terminal illness; or
25        (2) any other debilitating medical condition or its
26    treatment that is added by the Department of Public Health

 

 

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1    by rule as provided in Section 45.
2    Through June 30, 2020, "debilitating medical condition"
3includes any other medical condition for which an opioid has
4been or could be prescribed by a physician based on generally
5accepted standards of care.
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    (k-5) "Endorsement card" means documentation provided by a
24medical cannabis dispensing organization to an individual who
25receives medical cannabis under Section 62.
26    (l) "Excluded offense" for cultivation center agents and

 

 

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1dispensing organizations means:
2        (1) a violent crime defined in Section 3 of the Rights
3    of Crime Victims and Witnesses Act or a substantially
4    similar offense that was classified as a felony in the
5    jurisdiction where the person was convicted; or
6        (2) a violation of a state or federal controlled
7    substance law, the Cannabis Control Act, or the
8    Methamphetamine Control and Community Protection Act that
9    was classified as a felony in the jurisdiction where the
10    person was convicted, except that the registering
11    Department may waive this restriction if the person
12    demonstrates to the registering Department's satisfaction
13    that his or her conviction was for the possession,
14    cultivation, transfer, or delivery of a reasonable amount
15    of cannabis intended for medical use. This exception does
16    not apply if the conviction was under state law and
17    involved a violation of an existing medical cannabis law.
18    For purposes of this subsection, the Department of Public
19Health shall determine by emergency rule within 30 days after
20the effective date of this amendatory Act of the 99th General
21Assembly what constitutes a "reasonable amount".
22    (l-5) (Blank). "Excluded offense" for a qualifying patient
23or designated caregiver means a violation of state or federal
24controlled substance law, the Cannabis Control Act, or the
25Methamphetamine and Community Protection Act that was
26classified as a felony in the jurisdiction where the person was

 

 

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1convicted, except that the registering Department may waive
2this restriction if the person demonstrates to the registering
3Department's satisfaction that his or her conviction was for
4the possession, cultivation, transfer, or delivery of a
5reasonable amount of cannabis intended for medical use. This
6exception does not apply if the conviction was under state law
7and involved a violation of an existing medical cannabis law.
8For purposes of this subsection, the Department of Public
9Health shall determine by emergency rule within 30 days after
10the effective date of this amendatory Act of the 99th General
11Assembly what constitutes a "reasonable amount".
12    (m) "Medical cannabis cultivation center registration"
13means a registration issued by the Department of Agriculture.
14    (n) "Medical cannabis container" means a sealed,
15traceable, food compliant, tamper resistant, tamper evident
16container, or package used for the purpose of containment of
17medical cannabis from a cultivation center to a dispensing
18organization.
19    (o) "Medical cannabis dispensing organization", or
20"dispensing organization", or "dispensary organization" means
21a facility operated by an organization or business that is
22registered by the Department of Financial and Professional
23Regulation to acquire medical cannabis from a registered
24cultivation center for the purpose of dispensing cannabis,
25paraphernalia, or related supplies and educational materials
26to registered qualifying patients.

 

 

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1    (p) "Medical cannabis dispensing organization agent" or
2"dispensing organization agent" means a principal officer,
3board member, employee, or agent of a registered medical
4cannabis dispensing organization who is 21 years of age or
5older and has not been convicted of an excluded offense.
6    (q) "Medical cannabis infused product" means food, oils,
7ointments, or other products containing usable cannabis that
8are not smoked.
9    (r) "Medical use" means the acquisition; administration;
10delivery; possession; transfer; transportation; or use of
11cannabis to treat or alleviate a registered qualifying
12patient's debilitating medical condition or symptoms
13associated with the patient's debilitating medical condition.
14    (r-5) "Opioid" means a narcotic drug or substance that is a
15Schedule II controlled substance under paragraph (1), (2), (3),
16or (5) of subsection (b) or under subsection (c) of Section 206
17of the Illinois Controlled Substances Act.
18    (s) "Physician" means a doctor of medicine or doctor of
19osteopathy licensed under the Medical Practice Act of 1987 to
20practice medicine and who has a controlled substances license
21under Article III of the Illinois Controlled Substances Act. It
22does not include a licensed practitioner under any other Act
23including but not limited to the Illinois Dental Practice Act.
24    (t) "Qualifying patient" means a person who has been
25diagnosed by a physician as having a debilitating medical
26condition.

 

 

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

 

 

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1signed by a physician, stating (1) that the qualifying patient
2has a debilitating medical condition and specifying the
3debilitating medical condition the qualifying patient has; and
4(2) that the physician is treating or managing treatment of the
5patient's debilitating medical condition. A written
6certification shall be made only in the course of a bona fide
7physician-patient relationship, after the physician has
8completed an assessment of the qualifying patient's medical
9history, reviewed relevant records related to the patient's
10debilitating condition, and conducted a physical examination.
11    (z) "Bona fide physician-patient relationship" means a
12relationship in which the physician has an ongoing
13responsibility for the assessment, care, and treatment of a
14patient's debilitating medical condition or a symptom of the
15patient's debilitating medical condition.
16    A veteran who has received treatment at a VA hospital shall
17be deemed to have a bona fide physician-patient relationship
18with a VA physician if the patient has been seen for his or her
19debilitating medical condition at the VA Hospital in accordance
20with VA Hospital protocols.
21    A bona fide physician-patient relationship under this
22subsection is a privileged communication within the meaning of
23Section 8-802 of the Code of Civil Procedure.
24(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
25eff. 6-30-16.)
 

 

 

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1    (410 ILCS 130/35)
2    (Section scheduled to be repealed on July 1, 2020)
3    Sec. 35. Physician requirements.
4    (a) A physician who certifies a debilitating medical
5condition for a qualifying patient shall comply with all of the
6following requirements:
7        (1) The Physician shall be currently licensed under the
8    Medical Practice Act of 1987 to practice medicine in all
9    its branches and in good standing, and must hold a
10    controlled substances license under Article III of the
11    Illinois Controlled Substances Act.
12        (2) A physician certifying a patient's condition shall
13    comply with generally accepted standards of medical
14    practice, the provisions of the Medical Practice Act of
15    1987 and all applicable rules.
16        (3) The physical examination required by this Act may
17    not be performed by remote means, including telemedicine.
18        (4) The physician shall maintain a record-keeping
19    system for all patients for whom the physician has
20    certified the patient's medical condition. These records
21    shall be accessible to and subject to review by the
22    Department of Public Health and the Department of Financial
23    and Professional Regulation upon request.
24    (b) A physician may not:
25        (1) accept, solicit, or offer any form of remuneration
26    from or to a qualifying patient, primary caregiver,

 

 

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1    cultivation center, or dispensing organization, including
2    each principal officer, board member, agent, and employee,
3    to certify a patient, other than accepting payment from a
4    patient for the fee associated with the required
5    examination;
6        (2) offer a discount of any other item of value to a
7    qualifying patient who uses or agrees to use a particular
8    primary caregiver or dispensing organization to obtain
9    medical cannabis;
10        (3) conduct a personal physical examination of a
11    patient for purposes of diagnosing a debilitating medical
12    condition at a location where medical cannabis is sold or
13    distributed or at the address of a principal officer,
14    agent, or employee or a medical cannabis organization;
15        (4) hold a direct or indirect economic interest in a
16    cultivation center or dispensing organization if he or she
17    recommends the use of medical cannabis to qualified
18    patients or is in a partnership or other fee or
19    profit-sharing relationship with a physician who
20    recommends medical cannabis, except for the limited
21    purpose of performing a medical cannabis related research
22    study;
23        (5) serve on the board of directors or as an employee
24    of a cultivation center or dispensing organization;
25        (6) refer patients to a cultivation center, a
26    dispensing organization, or a registered designated

 

 

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1    caregiver; or
2        (7) advertise in a cultivation center or a dispensing
3    organization.
4    (c) The Department of Public Health may with reasonable
5cause refer a physician, who has certified a debilitating
6medical condition of a patient, to the Illinois Department of
7Financial and Professional Regulation for potential violations
8of this Section.
9    (d) Any violation of this Section or any other provision of
10this Act or rules adopted under this Act is a violation of the
11Medical Practice Act of 1987.
12    (e) A physician who certifies a debilitating medical
13condition for a qualifying patient may notify the Department in
14writing if the physician has reason to believe either that the
15registered qualifying patient has ceased to suffer from a
16debilitating medical condition or that continued use of medical
17cannabis would result in contraindication with the patient's
18other medication. The registered qualifying patient's registry
19identification card shall be revoked by the Department of
20Public Health after receiving the physician's notification.
21(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
2299-519, eff. 6-30-16.)
 
23    (410 ILCS 130/55)
24    (Section scheduled to be repealed on July 1, 2020)
25    Sec. 55. Registration of qualifying patients and

 

 

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1designated caregivers.
2    (a) The Department of Public Health shall issue registry
3identification cards to qualifying patients and designated
4caregivers who submit a completed application, and at minimum,
5the following, in accordance with Department of Public Health
6rules:
7        (1) A written certification, on a form developed by the
8    Department of Public Health and issued by a physician,
9    within 90 days immediately preceding the date of an
10    application;
11        (2) upon the execution of applicable privacy waivers,
12    the patient's medical documentation related to his or her
13    debilitating condition and any other information that may
14    be reasonably required by the Department of Public Health
15    to confirm that the physician and patient have a bona fide
16    physician-patient relationship, that the qualifying
17    patient is in the physician's care for his or her
18    debilitating medical condition, and to substantiate the
19    patient's diagnosis;
20        (3) the application or renewal fee as set by rule;
21        (4) the name, address, date of birth, and social
22    security number of the qualifying patient, except that if
23    the applicant is homeless no address is required;
24        (5) the name, address, and telephone number of the
25    qualifying patient's physician;
26        (6) the name, address, and date of birth of the

 

 

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1    designated caregiver, if any, chosen by the qualifying
2    patient;
3        (7) the name of the registered medical cannabis
4    dispensing organization the qualifying patient designates;
5        (8) signed statements from the patient and designated
6    caregiver asserting that they will not divert medical
7    cannabis; and
8        (9) (blank). completed background checks for the
9    patient and designated caregiver.
10(Source: P.A. 98-122, eff. 1-1-14.)
 
11    (410 ILCS 130/60)
12    (Section scheduled to be repealed on July 1, 2020)
13    Sec. 60. Issuance of registry identification cards.
14    (a) Except as provided in subsection (b), the Department of
15Public Health shall:
16        (1) verify the information contained in an application
17    or renewal for a registry identification card submitted
18    under this Act, and approve or deny an application or
19    renewal, within 30 days of receiving a completed
20    application or renewal application and all supporting
21    documentation specified in Section 55;
22        (2) issue registry identification cards to a
23    qualifying patient and his or her designated caregiver, if
24    any, within 15 business days of approving the application
25    or renewal;

 

 

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1        (3) enter the registry identification number of the
2    registered dispensing organization the patient designates
3    into the verification system; and
4        (4) allow for an electronic application process, and
5    provide a confirmation by electronic or other methods that
6    an application has been submitted.
7    (b) The Department of Public Health may not issue a
8registry identification card to a qualifying patient who is
9under 18 years of age, unless that patient suffers from
10seizures, including those characteristic of epilepsy, or as
11provided by administrative rule. The Department of Public
12Health shall adopt rules for the issuance of a registry
13identification card for qualifying patients who are under 18
14years of age and suffering from seizures, including those
15characteristic of epilepsy. The Department of Public Health may
16adopt rules to allow other individuals under 18 years of age to
17become registered qualifying patients under this Act with the
18consent of a parent or legal guardian. Registered qualifying
19patients under 18 years of age shall be prohibited from
20consuming forms of cannabis other than medical cannabis infused
21products and purchasing any usable cannabis.
22    (c) A veteran who has received treatment at a VA hospital
23is deemed to have a bona fide physician-patient relationship
24with a VA physician if the patient has been seen for his or her
25debilitating medical condition at the VA hospital in accordance
26with VA hospital protocols. All reasonable inferences

 

 

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1regarding the existence of a bona fide physician-patient
2relationship shall be drawn in favor of an applicant who is a
3veteran and has undergone treatment at a VA hospital.
4    (c-10) An individual who submits an application as someone
5who is terminally ill shall have all fees and fingerprinting
6requirements waived. The Department of Public Health shall
7within 30 days after this amendatory Act of the 99th General
8Assembly adopt emergency rules to expedite approval for
9terminally ill individuals. These rules shall include, but not
10be limited to, rules that provide that applications by
11individuals with terminal illnesses shall be approved or denied
12within 14 days of their submission.
13    (d) Upon the approval of the registration and issuance of a
14registry card under this Section, the Department of Public
15Health shall forward the designated caregiver or registered
16qualified patient's driver's registration number to the
17Secretary of State and certify that the individual is permitted
18to engage in the medical use of cannabis. For the purposes of
19law enforcement, the Secretary of State shall make a notation
20on the person's driving record stating the person is a
21registered qualifying patient who is entitled to the lawful
22medical use of cannabis. If the person no longer holds a valid
23registry card, the Department shall notify the Secretary of
24State and the Secretary of State shall remove the notation from
25the person's driving record. The Department and the Secretary
26of State may establish a system by which the information may be

 

 

10000SB0336sam003- 22 -LRB100 05118 MJP 38791 a

1shared electronically.
2    (e) Upon the approval of the registration and issuance of a
3registry card under this Section, the Department of Public
4Health shall electronically forward the registered qualifying
5patient's identification card information to the Prescription
6Monitoring Program established under the Illinois Controlled
7Substances Act and certify that the individual is permitted to
8engage in the medical use of cannabis. For the purposes of
9patient care, the Prescription Monitoring Program shall make a
10notation on the person's prescription record stating that the
11person is a registered qualifying patient who is entitled to
12the lawful medical use of cannabis. If the person no longer
13holds a valid registry card, the Department of Public Health
14shall notify the Prescription Monitoring Program and
15Department of Human Services to remove the notation from the
16person's record. The Department of Human Services and the
17Prescription Monitoring Program shall establish a system by
18which the information may be shared electronically. This
19confidential list may not be combined or linked in any manner
20with any other list or database except as provided in this
21Section.
22    (f) (Blank). All applicants for a registry card shall be
23fingerprinted as part of the application process if they are a
24first-time applicant, if their registry card has already
25expired, or if they previously have had their registry card
26revoked or otherwise denied. At renewal, cardholders whose

 

 

10000SB0336sam003- 23 -LRB100 05118 MJP 38791 a

1registry cards have not yet expired, been revoked, or otherwise
2denied shall not be subject to fingerprinting. Registry cards
3shall be revoked by the Department of Public Health if the
4Department of Public Health is notified by the Secretary of
5State that a cardholder has been convicted of an excluded
6offense. For purposes of enforcing this subsection, the
7Department of Public Health and Secretary of State shall
8establish a system by which violations reported to the
9Secretary of State under paragraph 18 of subsection (a) of
10Section 6-205 of the Illinois Vehicle Code shall be shared with
11the Department of Public Health.
12(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15; 99-519,
13eff. 6-30-16.)
 
14    (410 ILCS 130/62 new)
15    Sec. 62. Opioid Prescription Pilot Program.
16    (a) Notwithstanding Sections 55 and 60, a person who has
17received a physician certification for a medical condition for
18which an opioid has been or could be prescribed by a physician
19based on generally accepted standards of care is entitled to
20purchase medical cannabis from a dispensing organization.
21    In order to purchase medical cannabis from a dispensing
22organization, the person must take the physician certification
23and prescription, if provided, to the dispensing organization
24of his or her choice.
25    A physician issuing a certification under this Section

 

 

10000SB0336sam003- 24 -LRB100 05118 MJP 38791 a

1shall indicate, on the certification form, the length of time
2of the opioid prescription, including any refills or renewals,
3that the physician did or could have prescribed to the patient.
4    Before dispensing medical cannabis to a person under this
5Section, the dispensing organization must verify that the
6person is not an active registered qualifying patient with a
7valid medical cannabis registry identification card.
8    Upon verification of the physician certification, the
9dispensing organization shall, subject to the limitations in
10subsection (h) of Section 130, dispense medical cannabis to the
11person according to the following schedule:
12        (1) If the certification indicates a prescription,
13    including any refills or renewals, for 7 days or less, then
14    the dispensing organization shall dispense medical
15    cannabis to the person for a length of time equivalent to 4
16    times the length of the prescription.
17        (2) If the certification indicates a prescription,
18    including any refills or renewals, for more than 7 days but
19    less than 30 days, then the dispensing organization shall
20    dispense medical cannabis to the person for a length of
21    time equivalent to 3 times the length of the prescription.
22        (3) If the certification indicates a prescription,
23    including any refills or renewals, for 30 days or more,
24    then the dispensing organization shall dispense medical
25    cannabis to the person for a length of time equivalent to
26    twice the length of the prescription.

 

 

10000SB0336sam003- 25 -LRB100 05118 MJP 38791 a

1    Upon dispensing medical cannabis to a person, the
2dispensing organization must enter information about the
3person in the verification system and provide the person with
4an endorsement card to certify that the person is in lawful
5possession of medical cannabis.
6    The Department of Public Health shall review the
7information entered into the verification system by the
8dispensing organizations under this Section and electronically
9forward the information to the Prescription Monitoring Program
10under the Illinois Controlled Substances Act and certify that
11the individual is permitted to engage in the medical use of
12cannabis. For the purposes of patient care, the Prescription
13Monitoring Program shall make a notation on the person's
14prescription record stating that the person is entitled to the
15lawful medical use of cannabis. If the person no longer holds a
16valid endorsement card and does not have a valid registry
17identification card, the Department of Public Health shall
18notify the Prescription Monitoring Program and Department of
19Human Services to remove the notation from the person's record.
20This confidential notation may not be combined or linked in any
21manner with any other list or database except those authorized
22by this Act.
23    A person who wishes to continue use of medical cannabis
24shall apply for a registration card with the Department of
25Public Health.
26    (b) The provisions of this Section are inoperative on and

 

 

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1after July 1, 2020.
 
2    (410 ILCS 130/65)
3    (Section scheduled to be repealed on July 1, 2020)
4    Sec. 65. Denial of registry identification cards.
5    (a) The Department of Public Health may deny an application
6or renewal of a qualifying patient's registry identification
7card only if the applicant:
8        (1) did not provide the required information and
9    materials;
10        (2) previously had a registry identification card
11    revoked;
12        (3) did not meet the requirements of this Act; or
13        (4) provided false or falsified information; or .
14        (5) violated any requirement of this Act.
15    (b) (Blank). Except as provided in subsection (b-5) of this
16Section, no person who has been convicted of a felony under the
17Illinois Controlled Substances Act, Cannabis Control Act, or
18Methamphetamine Control and Community Protection Act, or
19similar provision in a local ordinance or other jurisdiction is
20eligible to receive a registry identification card.
21    (b-5) (Blank). If a person was convicted of a felony under
22the Cannabis Control Act or a similar provision of a local
23ordinance or of a law of another jurisdiction, and the action
24warranting that felony is no longer considered a felony after
25the effective date of this amendatory Act of the 99th General

 

 

10000SB0336sam003- 27 -LRB100 05118 MJP 38791 a

1Assembly, that person shall be eligible to receive a registry
2identification card.
3    (c) The Department of Public Health may deny an application
4or renewal for a designated caregiver chosen by a qualifying
5patient whose registry identification card was granted only if:
6        (1) the designated caregiver does not meet the
7    requirements of subsection (i) of Section 10;
8        (2) the applicant did not provide the information
9    required;
10        (3) the prospective patient's application was denied;
11        (4) the designated caregiver previously had a registry
12    identification card revoked; or
13        (5) the applicant or the designated caregiver provided
14    false or falsified information; or .
15        (6) violated any requirement of this Act.
16    (d) (Blank). The Department of Public Health through the
17Department of State Police shall conduct a background check of
18the prospective qualifying patient and designated caregiver in
19order to carry out this Section. The Department of State Police
20shall charge a fee for conducting the criminal history record
21check, which shall be deposited in the State Police Services
22Fund and shall not exceed the actual cost of the record check.
23Each person applying as a qualifying patient or a designated
24caregiver shall submit a full set of fingerprints to the
25Department of State Police for the purpose of obtaining a State
26and federal criminal records check. These fingerprints shall be

 

 

10000SB0336sam003- 28 -LRB100 05118 MJP 38791 a

1checked against the fingerprint records now and hereafter, to
2the extent allowed by law, filed in the Department of State
3Police and Federal Bureau of Investigation criminal history
4records databases. The Department of State Police shall
5furnish, following positive identification, all Illinois
6conviction information to the Department of Public Health. The
7Department of Public Health may waive the submission of a
8qualifying patient's complete fingerprints based on (1) the
9severity of the patient's illness and (2) the inability of the
10qualifying patient to supply those fingerprints, provided that
11a complete criminal background check is conducted by the
12Department of State Police prior to the issuance of a registry
13identification card.
14    (e) The Department of Public Health shall notify the
15qualifying patient who has designated someone to serve as his
16or her designated caregiver if a registry identification card
17will not be issued to the designated caregiver.
18    (f) Denial of an application or renewal is considered a
19final Department action, subject to judicial review.
20Jurisdiction and venue for judicial review are vested in the
21Circuit Court.
22(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
2399-697, eff. 7-29-16.)
 
24    (410 ILCS 130/75)
25    (Section scheduled to be repealed on July 1, 2020)

 

 

10000SB0336sam003- 29 -LRB100 05118 MJP 38791 a

1    Sec. 75. Notifications to Department of Public Health and
2responses; civil penalty.
3    (a) The following notifications and Department of Public
4Health responses are required:
5        (1) A registered qualifying patient shall notify the
6    Department of Public Health of any change in his or her
7    name or address, or if the registered qualifying patient
8    ceases to have his or her debilitating medical condition,
9    within 10 days of the change.
10        (2) A registered designated caregiver shall notify the
11    Department of Public Health of any change in his or her
12    name or address, or if the designated caregiver becomes
13    aware the registered qualifying patient passed away,
14    within 10 days of the change.
15        (3) Before a registered qualifying patient changes his
16    or her designated caregiver, the qualifying patient must
17    notify the Department of Public Health.
18        (4) If a cardholder loses his or her registry
19    identification card, he or she shall notify the Department
20    within 10 days of becoming aware the card has been lost.
21    (b) When a cardholder notifies the Department of Public
22Health of items listed in subsection (a), but remains eligible
23under this Act, the Department of Public Health shall issue the
24cardholder a new registry identification card with a new random
25alphanumeric identification number within 15 business days of
26receiving the updated information and a fee as specified in

 

 

10000SB0336sam003- 30 -LRB100 05118 MJP 38791 a

1Department of Public Health rules. If the person notifying the
2Department of Public Health is a registered qualifying patient,
3the Department shall also issue his or her registered
4designated caregiver, if any, a new registry identification
5card within 15 business days of receiving the updated
6information.
7    (c) If a registered qualifying patient ceases to be a
8registered qualifying patient or changes his or her registered
9designated caregiver, the Department of Public Health shall
10promptly notify the designated caregiver. The registered
11designated caregiver's protections under this Act as to that
12qualifying patient shall expire 15 days after notification by
13the Department.
14    (d) A cardholder who fails to make a notification to the
15Department of Public Health that is required by this Section is
16subject to a civil infraction, punishable by a penalty of no
17more than $150.
18    (e) A registered qualifying patient shall notify the
19Department of Public Health of any change to his or her
20designated registered dispensing organization. Registered
21dispensing organizations must comply with all requirements of
22this Act.
23    (f) If the registered qualifying patient's certifying
24physician notifies the Department in writing that either the
25registered qualifying patient has ceased to suffer from a
26debilitating medical condition or that continued use of medical

 

 

10000SB0336sam003- 31 -LRB100 05118 MJP 38791 a

1cannabis would result in contraindication with the patient's
2other medication, the card shall become null and void. However,
3the registered qualifying patient shall have 15 days to destroy
4his or her remaining medical cannabis and related
5paraphernalia.
6(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
 
7    (410 ILCS 130/130)
8    (Section scheduled to be repealed on July 1, 2020)
9    Sec. 130. Requirements; prohibitions; penalties;
10dispensing organizations.
11    (a) The Department of Financial and Professional
12Regulation shall implement the provisions of this Section by
13rule.
14    (b) A dispensing organization shall maintain operating
15documents which shall include procedures for the oversight of
16the registered dispensing organization and procedures to
17ensure accurate recordkeeping.
18    (c) A dispensing organization shall implement appropriate
19security measures, as provided by rule, to deter and prevent
20the theft of cannabis and unauthorized entrance into areas
21containing cannabis.
22    (d) A dispensing organization may not be located within
231,000 feet of the property line of a pre-existing public or
24private preschool or elementary or secondary school or day care
25center, day care home, group day care home, or part day child

 

 

10000SB0336sam003- 32 -LRB100 05118 MJP 38791 a

1care facility. A registered dispensing organization may not be
2located in a house, apartment, condominium, or an area zoned
3for residential use.
4    (e) A dispensing organization is prohibited from acquiring
5cannabis from anyone other than a registered cultivation
6center. A dispensing organization is prohibited from obtaining
7cannabis from outside the State of Illinois.
8    (f) A registered dispensing organization is prohibited
9from dispensing cannabis for any purpose except to assist
10registered qualifying patients with the medical use of cannabis
11directly or through the qualifying patients' designated
12caregivers.
13    (g) The area in a dispensing organization where medical
14cannabis is stored can only be accessed by dispensing
15organization agents working for the dispensing organization,
16Department of Financial and Professional Regulation staff
17performing inspections, law enforcement or other emergency
18personnel, and contractors working on jobs unrelated to medical
19cannabis, such as installing or maintaining security devices or
20performing electrical wiring.
21    (h) A dispensing organization may not dispense more than
222.5 ounces of cannabis to a registered qualifying patient,
23directly or via a designated caregiver, in any 14-day period
24unless the qualifying patient has a Department of Public
25Health-approved quantity waiver.
26    (i) Except as provided in subsection (i-5), before Before

 

 

10000SB0336sam003- 33 -LRB100 05118 MJP 38791 a

1medical cannabis may be dispensed to a designated caregiver or
2a registered qualifying patient, a dispensing organization
3agent must determine that the individual is a current
4cardholder in the verification system and must verify each of
5the following:
6        (1) that the registry identification card presented to
7    the registered dispensing organization is valid;
8        (2) that the person presenting the card is the person
9    identified on the registry identification card presented
10    to the dispensing organization agent;
11        (3) that the dispensing organization is the designated
12    dispensing organization for the registered qualifying
13    patient who is obtaining the cannabis directly or via his
14    or her designated caregiver; and
15        (4) that the registered qualifying patient has not
16    exceeded his or her adequate supply.
17    (i-5) A dispensing organization may dispense medical
18cannabis to a qualifying patient under Section 62.
19    (j) Dispensing organizations shall ensure compliance with
20this limitation by maintaining internal, confidential records
21that include records specifying how much medical cannabis is
22dispensed to the registered qualifying patient and whether it
23was dispensed directly to the registered qualifying patient or
24to the designated caregiver. Each entry must include the date
25and time the cannabis was dispensed. Additional recordkeeping
26requirements may be set by rule.

 

 

10000SB0336sam003- 34 -LRB100 05118 MJP 38791 a

1    (k) The physician-patient privilege as set forth by Section
28-802 of the Code of Civil Procedure shall apply between a
3qualifying patient and a registered dispensing organization
4and its agents with respect to communications and records
5concerning qualifying patients' debilitating conditions.
6    (l) A dispensing organization may not permit any person to
7consume cannabis on the property of a medical cannabis
8organization.
9    (m) A dispensing organization may not share office space
10with or refer patients to a physician.
11    (n) Notwithstanding any other criminal penalties related
12to the unlawful possession of cannabis, the Department of
13Financial and Professional Regulation may revoke, suspend,
14place on probation, reprimand, refuse to issue or renew, or
15take any other disciplinary or non-disciplinary action as the
16Department of Financial and Professional Regulation may deem
17proper with regard to the registration of any person issued
18under this Act to operate a dispensing organization or act as a
19dispensing organization agent, including imposing fines not to
20exceed $10,000 for each violation, for any violations of this
21Act and rules adopted in accordance with this Act. The
22procedures for disciplining a registered dispensing
23organization shall be determined by rule. All final
24administrative decisions of the Department of Financial and
25Professional Regulation are subject to judicial review under
26the Administrative Review Law and its rules. The term

 

 

10000SB0336sam003- 35 -LRB100 05118 MJP 38791 a

1"administrative decision" is defined as in Section 3-101 of the
2Code of Civil Procedure.
3    (o) Dispensing organizations are subject to random
4inspection and cannabis testing by the Department of Financial
5and Professional Regulation and State Police as provided by
6rule.
7(Source: P.A. 98-122, eff. 1-1-14.)
 
8    (410 ILCS 130/160)
9    (Section scheduled to be repealed on July 1, 2020)
10    Sec. 160. Annual reports. (a) The Department of Public
11Health shall submit to the General Assembly a report, by
12September 30 of each year, that does not disclose any
13identifying information about registered qualifying patients,
14registered caregivers, or physicians, but does contain, at a
15minimum, all of the following information based on the fiscal
16year for reporting purposes:
17        (1) the number of applications and renewals filed for
18    registry identification cards or registrations;
19        (2) the number of qualifying patients and designated
20    caregivers served by each dispensary during the report
21    year;
22        (3) the nature of the debilitating medical conditions
23    of the qualifying patients;
24        (4) the number of registry identification cards or
25    registrations revoked for misconduct;

 

 

10000SB0336sam003- 36 -LRB100 05118 MJP 38791 a

1        (5) the number of physicians providing written
2    certifications for qualifying patients; and
3        (6) the number of registered medical cannabis
4    cultivation centers or registered dispensing
5    organizations; .
6        (7) the number of applications received from
7    applicants seeking an alternative to opioid treatment;
8        (8) the nature of the conditions of the applicants
9    seeking an alternative to opioid treatment; and
10        (9) the number of applications approved and denied from
11    applicants seeking an alternative to opioid treatment.
12(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)".