93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4868

 

Introduced 02/04/04, by Angelo Saviano, Larry McKeon, Susana Mendoza

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 550/11   from Ch. 56 1/2, par. 711

    Creates the Medical Cannabis Act. Provides that a person who has been diagnosed by a physician as having a debilitating medical condition and the person's primary caregiver may be issued a registry identification card by the Department of Human Services that permits the person or the person's primary caregiver to legally possess no more than 6 Cannabis Sativa plants and one ounce of usable cannabis. Provides that a person who possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for the medical use of cannabis; provided that the qualifying patient or primary caregiver possesses an amount of cannabis that does not exceed 6 Cannabis Sativa plants and one ounce of usable cannabis. Amends the Cannabis Control Act to make conforming changes consistent with the Medical Cannabis Act. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4868 LRB093 15939 RLC 44137 b

1     AN ACT concerning the medicinal use of cannabis.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Medical Cannabis Act.
 
6     Section 5. Purpose.
7     (a) Modern medical research has discovered a beneficial use
8 for cannabis in treating or alleviating the pain or other
9 symptoms associated with certain debilitating medical
10 conditions, as found by the National Academy of Sciences'
11 Institute of Medicine in March 1999.
12     (b) According to the U.S. Sentencing Commission and the
13 Federal Bureau of Investigation, 99 out of every 100 cannabis
14 arrests in the U.S. are made under state law, rather than under
15 federal law. Consequently, changing state law will have the
16 practical effect of protecting from arrest the vast majority of
17 seriously ill people who have a medical need to use cannabis.
18     (c) Although federal law currently prohibits the use of
19 cannabis, the laws of Alaska, California, Colorado, Hawaii,
20 Maine, Nevada, Oregon, and Washington permit the medical use
21 and cultivation of cannabis. Illinois joins in this effort for
22 the health and welfare of its citizens.
23     (d) States are not required to enforce federal law or
24 prosecute people for engaging in activities prohibited by
25 federal law. Therefore, compliance with this Act does not put
26 the State of Illinois in violation of federal law.
27     (e) State law should make a distinction between the medical
28 and non-medical use of cannabis. Hence, the purpose of this Act
29 is to protect patients with debilitating medical conditions,
30 and their physicians and primary caregivers, from arrest and
31 prosecution, criminal and other penalties, and property
32 forfeiture if such patients engage in the medical use of

 

 

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1 cannabis.
 
2     Section 10. Definitions. The following terms, as used in
3 this Act, shall have the meanings set forth in this Section:
4     "Debilitating medical condition" means:
5         (A) cancer, glaucoma, positive status for human
6     immunodeficiency virus, acquired immune deficiency
7     syndrome, or the treatment of these conditions;
8         (B) a chronic or debilitating disease or medical
9     condition or its treatment that produces one or more of the
10     following: cachexia or wasting syndrome; severe pain;
11     severe nausea; seizures, including those characteristic of
12     epilepsy; or severe and persistent muscle spasms,
13     including those characteristic of multiple sclerosis or
14     Crohn's disease; or
15         (C) any other medical condition or its treatment
16     approved by the Department, as provided for as follows: Not
17     later than 90 days after the effective date of this Act,
18     the Department shall promulgate rules governing the manner
19     in which it will consider petitions from the public to add
20     debilitating medical conditions to those included in this
21     Act. In considering those petitions, the Department shall
22     include public notice of, and an opportunity to comment in
23     a public hearing upon, the petitions. The Department shall,
24     after hearing, approve or deny such petitions within 180
25     days of submission. The approval or denial of such a
26     petition shall be considered a final Department action,
27     subject to judicial review under the Administrative Review
28     Law. Jurisdiction and venue for judicial review are vested
29     in the Circuit Court.
30     "Department" means the Department of Human Services or its
31     successor agency.
32     "Cannabis" has the meaning given that term in Section 3 of
33     the Cannabis Control Act.
34     "Medical use" means the acquisition, possession,
35     cultivation, manufacture, use, delivery, transfer, or

 

 

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1     transportation of cannabis or paraphernalia relating to the
2     consumption of cannabis to alleviate the symptoms or effects of
3     a qualifying patient's debilitating medical condition.
4     "Physician" means a person who is licensed to practice
5     medicine in all its branches under the Medical Practice Act of
6     1987.
7     "Primary caregiver" means a person who is at least 18 years
8     old, who has never been convicted of a felony drug offense, and
9     who has agreed not to provide cannabis to any person other than
10     qualifying patients. A qualifying patient may have only one
11     primary caregiver at any one time.
12     "Qualifying patient" means a person who has been diagnosed
13     by a physician as having a debilitating medical condition.
14     "Registry identification card" means a document issued by
15     the Department that identifies a person as a qualifying patient
16     or primary caregiver.
17     "Usable cannabis" means the dried leaves and flowers of the
18     Cannabis Sativa plant, and any mixture or preparation thereof,
19     and does not include the seeds, stalks, and roots of the plant.
20     "Written certification" means the qualifying patient's
21     medical records, or a statement signed by a physician, stating
22     that in the physician's professional opinion, after having
23     completed a full assessment of the qualifying patient's medical
24     history and current medical condition made in the course of a
25     bona fide physician-patient relationship, the qualifying
26     patient has a debilitating medical condition and the potential
27     benefits of the medical use of cannabis would likely outweigh
28     the health risks for the qualifying patient.
 
29     Section 15. Protections for the medical use of cannabis.
30     (a) A qualifying patient who has in his or her possession a
31 registry identification card is not subject to arrest,
32 prosecution, or penalty in any manner, or denial of any right
33 or privilege, including civil penalty or disciplinary action by
34 a professional licensing board, for the medical use of
35 cannabis, provided that the qualifying patient possesses an

 

 

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1 amount of cannabis that does not exceed 6 Cannabis Sativa
2 plants and one ounce of usable cannabis.
3     (b) Subsection (a) does not apply to a qualifying patient
4 under the age of 18 years, unless:
5         (1) The qualifying patient's physician has explained
6     the potential risks and benefits of the medical use of
7     cannabis to the qualifying patient and to a parent,
8     guardian, or person having legal custody of the qualifying
9     patient; and
10         (2) A parent, guardian, or person having legal custody
11     consents in writing to:
12             (A) allow the qualifying patient's medical use of
13         cannabis;
14             (B) serve as the qualifying patient's primary
15         caregiver; and
16             (C) control the acquisition of the cannabis, the
17         dosage, and the frequency of the medical use of
18         cannabis by the qualifying patient.
19     (c) A primary caregiver who has in his or her possession a
20     registry identification card shall not be subject to arrest,
21     prosecution, or penalty in any manner, or denial of any right
22     or privilege, including civil penalty or disciplinary action by
23     a professional licensing board, for assisting the qualifying
24     patient to whom he or she is connected through the Department's
25     registration process with the medical use of cannabis, provided
26     that the primary caregiver possesses an amount of cannabis
27     which does not exceed 6 Cannabis Sativa plants and one ounce of
28     usable cannabis.
29     (d) There is a presumption that a qualifying patient or
30     primary caregiver is engaged in the medical use of cannabis if
31     the qualifying patient or primary caregiver:
32         (1) is in possession of a registry identification card;
33     and
34         (2) is in possession of an amount of cannabis which
35     does not exceed the amount permitted under this Act.
36     Such presumption may be rebutted by evidence that conduct

 

 

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1     related to cannabis was not for the purpose of alleviating the
2     symptoms or effects of a qualifying patient's debilitating
3     medical condition.
4     (e) A primary caregiver may receive reasonable
5     compensation for services provided to assist with a qualifying
6     patient's medical use of cannabis.
7     (f) A physician shall not be subject to arrest,
8     prosecution, or penalty in any manner, or denied any right or
9     privilege, including civil penalty or disciplinary action by
10     the Department of Professional Regulation or the Medical
11     Disciplinary Board, for providing written certification for
12     the medical use of cannabis to qualifying patients.
13     (g) Any interest in or right to property that is possessed,
14     owned, or used in connection with the medical use of cannabis,
15     or acts incidental to such use, shall not be forfeited.
16     (h) No person shall be subject to arrest or prosecution for
17     "constructive possession," "conspiracy," or any other offense
18     for simply being in the presence or vicinity of the medical use
19     of cannabis as permitted under this Act.
20     (i) A registry identification card, or its equivalent,
21     issued by another state government to permit the medical use of
22     cannabis by a qualifying patient, or to permit a person to
23     assist with a qualifying patient's medical use of cannabis,
24     shall have the same force of effect as a registry
25     identification card issued by the Department.
 
26     Section 20. Procedures and rules governing registration.
27     (a) Not later than 90 days after the effective date of this
28 Act, the Department shall promulgate rules governing the manner
29 in which it will consider applications for and renewals of
30 registry identification cards for qualifying patients and
31 primary caregivers. The Department's rules shall establish
32 application and renewal fees that generate revenues sufficient
33 to offset all expenses of implementing and administering this
34 Act. The Department may vary the application and renewal fees
35 along a sliding scale that accounts for a qualifying patient's

 

 

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1 income. The Department may accept donations from private
2 sources in order to reduce the application and renewal fees.
3     (b) The Department shall issue registry identification
4 cards to qualifying patients who submit the following, in
5 accordance with the Department's rules:
6         (1) written certification that the person is a
7     qualifying patient;
8         (2) application or renewal fee;
9         (3) the name, address, and date of birth of the
10     qualifying patient;
11         (4) the name, address, and telephone number of the
12     qualifying patient's physician; and
13         (5) the name, address, and date of birth of the
14     qualifying patient's primary caregiver, if any.
15     (c) The Department shall verify the information contained
16 in an application or renewal submitted under this Section, and
17 shall approve or deny an application or renewal within 30 days
18 of receipt of the application or renewal. The Department may
19 deny an application or renewal only if the applicant did not
20 provide the information required under this Section, or if the
21 Department determines that the information provided was
22 falsified.
23     (d) The Department shall issue a registry identification
24 card to the primary caregiver who is named in a qualifying
25 patient's approved application, so long as the primary
26 caregiver signs a statement agreeing to provide cannabis only
27 to qualifying patients who have named him or her as primary
28 caregiver; provided, the Department may not issue a registry
29 identification card to a proposed primary caregiver who has
30 previously been convicted of a felony drug offense.
31     (e) The Department shall issue registry identification
32 cards within 5 days of approving an application or renewal,
33 which shall expire one year after the date of issuance.
34 Registry identification cards shall contain: (1) name,
35 address, and date of birth of the qualifying patient; (2) name,
36 address, and date of birth of the qualifying patient's primary

 

 

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1 caregiver, if any; (3) the date of issuance and expiration date
2 of the registry identification card; and (4) other information
3 that the Department may specify in its regulations.
4     (f) A person who possesses a registry identification card
5 shall notify the Department of any change in the qualifying
6 patient's name, address, physician, or primary caregiver, or
7 change in status of the qualifying patient's debilitating
8 medical condition, within 10 days of such change, or the
9 registry identification card shall be deemed null and void.
10     (g) Possession of, or application for, a registry
11 identification card does not alone constitute probable cause to
12 search the person or property of the person possessing or
13 applying for the registry identification card, or otherwise
14 subject the person or property of the person possessing the
15 card to inspection by any governmental agency.
16     (h) The Department shall maintain a confidential list of
17 the persons to whom the Department has issued registry
18 identification cards. Individual names and other identifying
19 information on the list shall be confidential, exempt from the
20 Freedom of Information Act, and not subject to disclosure,
21 except to:
22         (1) authorized employees of the Department as
23     necessary to perform official duties of the Department; or
24         (2) authorized employees of State or local law
25     enforcement agencies, only as necessary to verify that a
26     person who is engaged in the suspected or alleged medical
27     use of cannabis is lawfully in possession of a registry
28     identification card.
29     (i) The Department shall report annually to the General
30     Assembly on the number of applications for registry
31     identification cards, the number of qualifying patients and
32     primary caregivers approved, the nature of the debilitating
33     medical conditions of the qualifying patients, the number of
34     registry identification cards revoked, and the number of
35     physicians providing written certification for qualifying
36     patients. The Department may not provide any identifying

 

 

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1     information of qualifying patients, primary caregivers, or
2     physicians.
3     (j) It is a Class B misdemeanor for any person, including
4     employees and officials of the Department and other State and
5     local governmental units or agencies, to provide any
6     identifying information of qualifying patients or primary
7     caregivers to a federal official or federal agency.
 
8     Section 25. Scope of Act.
9     (a) This Act does not permit:
10         (1) any person to operate, navigate, or be in actual
11     physical control of any motor vehicle, aircraft, or
12     motorboat while under the influence of cannabis; or
13         (2) the smoking of cannabis:
14             (A) in a school bus or other form of public
15         transportation;
16             (B) on any school grounds;
17             (C) in any correctional facility; or
18             (D) at any public park, public beach, public
19         recreation center, or youth center.
20     (b) Nothing in this Act shall be construed to require:
21         (1) a government medical assistance program or private
22     health insurer to reimburse a person for costs associated
23     with the medical use of cannabis; or
24         (2) an employer to accommodate the medical use of
25     cannabis in any workplace.
26     (c) Notwithstanding any law to the contrary, fraudulent
27     representation to a law enforcement official of any fact or
28     circumstance relating to the medical use of cannabis to avoid
29     arrest or prosecution is a petty offense punishable by a fine
30     of $500, which shall be in addition to any other penalties that
31     may apply for the non-medical use of cannabis.
 
32     Section 30. Affirmative defense. A person and a person's
33 primary caregiver, if any, may assert the medical use of
34 cannabis as a defense to any prosecution involving cannabis,

 

 

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1 and such defense shall be presumed valid where the evidence
2 shows that:
3     (1) the person's medical records indicate, or a physician
4 has stated that, in the physician's professional opinion, after
5 having completed a full assessment of the person's medical
6 history and current medical condition made in the course of a
7 bona fide physician-patient relationship, the potential
8 benefits of the medical use of cannabis would likely outweigh
9 the health risks for the person; and
10     (2) the person and the person's primary caregiver, if any,
11 were collectively in possession of a quantity of cannabis that
12 was not more than was reasonably necessary to ensure the
13 uninterrupted availability of cannabis for the purpose of
14 alleviating the symptoms or effects of the person's medical
15 condition.
 
16     Section 35. The Cannabis Control Act is amended by changing
17 Section 11 as follows:
 
18     (720 ILCS 550/11)  (from Ch. 56 1/2, par. 711)
19     Sec. 11. Authorization for use of cannabis for medical
20 purposes. The Department may authorize the possession,
21 production, manufacture, and delivery of substances containing
22 cannabis in accordance with the Medical Cannabis Act. (a) The
23 Department, with the written approval of the Department of
24 State Police, may authorize the possession, production,
25 manufacture and delivery of substances containing cannabis by
26 persons engaged in research and when such authorization is
27 requested by a physician licensed to practice medicine in all
28 its branches, such authorization shall issue without
29 unnecessary delay where the Department finds that such
30 physician licensed to practice medicine in all its branches has
31 certified that such possession, production, manufacture or
32 delivery of such substance is necessary for the treatment of
33 glaucoma, the side effects of chemotherapy or radiation therapy
34 in cancer patients or such other procedure certified to be

 

 

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1 medically necessary; such authorization shall be, upon such
2 terms and conditions as may be consistent with the public
3 health and safety. To the extent of the applicable
4 authorization, persons are exempt from prosecution in this
5 State for possession, production, manufacture or delivery of
6 cannabis.
7     (b) Persons registered under Federal law to conduct
8 research with cannabis may conduct research with cannabis
9 including, but not limited to treatment by a physician licensed
10 to practice medicine in all its branches for glaucoma, the side
11 effects of chemotherapy or radiation therapy in cancer patients
12 or such other procedure which is medically necessary within
13 this State upon furnishing evidence of that Federal
14 registration and notification of the scope and purpose of such
15 research to the Department and to the Department of State
16 Police of that Federal registration.
17     (c) Persons authorized to engage in research may be
18 authorized by the Department to protect the privacy of
19 individuals who are the subjects of such research by
20 withholding from all persons not connected with the conduct of
21 the research the names and other identifying characteristics of
22 such individuals. Persons who are given this authorization
23 shall not be compelled in any civil, criminal, administrative,
24 legislative or other proceeding to identify the individuals who
25 are the subjects of research for which the authorization was
26 granted, except to the extent necessary to permit the
27 Department to determine whether the research is being conducted
28 in accordance with the authorization.
29 (Source: P.A. 84-25.)
 
30     Section 95. Severability. The provisions of this Act are
31 severable under Section 1.31 of the Statute on Statutes.
 
32     Section 99. Effective date. This Act takes effect upon
33 becoming law.