Sen. John J. Cullerton

Filed: 2/28/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2568

2     AMENDMENT NO. ______. Amend Senate Bill 2568, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Cannabis Control Act is amended by changing
6 Sections 3 and 8 and by adding the heading of Article 1 and the
7 heading of Article 2 and Sections 205, 210, 215, 220, 225, 230,
8 235, 240, 245, and 250 as follows:
 
9     (720 ILCS 550/Art. 1 heading new)
10
ARTICLE 1. CANNABIS CONTROL

 
11     (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
12     Sec. 3. As used in this Act, unless the context otherwise
13 requires:
14     (a) "Cannabis" includes marihuana, hashish and other
15 substances which are identified as including any parts of the
16 plant Cannabis Sativa, whether growing or not; the seeds
17 thereof, the resin extracted from any part of such plant; and
18 any compound, manufacture, salt, derivative, mixture, or
19 preparation of such plant, its seeds, or resin, including
20 tetrahydrocannabinol (THC) and all other cannabinol
21 derivatives, including its naturally occurring or
22 synthetically produced ingredients, whether produced directly
23 or indirectly by extraction, or independently by means of

 

 

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1 chemical synthesis or by a combination of extraction and
2 chemical synthesis; but shall not include the mature stalks of
3 such plant, fiber produced from such stalks, oil or cake made
4 from the seeds of such plant, any other compound, manufacture,
5 salt, derivative, mixture, or preparation of such mature stalks
6 (except the resin extracted therefrom), fiber, oil or cake, or
7 the sterilized seed of such plant which is incapable of
8 germination.
9     (b) "Casual delivery" means the delivery of not more than
10 10 grams of any substance containing cannabis without
11 consideration.
12     (c) For purposes of Article 1, "Department" means the
13 Illinois Department of Human Services (as successor to the
14 Department of Alcoholism and Substance Abuse) or its successor
15 agency.
16     (d) "Deliver" or "delivery" means the actual, constructive
17 or attempted transfer of possession of cannabis, with or
18 without consideration, whether or not there is an agency
19 relationship.
20     (e) "Department of State Police" means the Department of
21 State Police of the State of Illinois or its successor agency.
22     (f) "Director" means the Director of the Department of
23 State Police or his designated agent.
24     (g) "Local authorities" means a duly organized State,
25 county, or municipal peace unit or police force.
26     (h) "Manufacture" means the production, preparation,
27 propagation, compounding, conversion or processing of
28 cannabis, either directly or indirectly, by extraction from
29 substances of natural origin, or independently by means of
30 chemical synthesis, or by a combination of extraction and
31 chemical synthesis, and includes any packaging or repackaging
32 of cannabis or labeling of its container, except that this term
33 does not include the preparation, compounding, packaging, or
34 labeling of cannabis as an incident to lawful research,

 

 

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1 teaching, or chemical analysis and not for sale.
2     (i) "Person" means any individual, corporation, government
3 or governmental subdivision or agency, business trust, estate,
4 trust, partnership or association, or any other entity.
5     (j) "Produce" or "production" means planting, cultivating,
6 tending or harvesting.
7     (k) "State" includes the State of Illinois and any state,
8 district, commonwealth, territory, insular possession thereof,
9 and any area subject to the legal authority of the United
10 States of America.
11     (l) "Subsequent offense" means an offense under this Act,
12 the offender of which, prior to his conviction of the offense,
13 has at any time been convicted under this Act or under any laws
14 of the United States or of any state relating to cannabis, or
15 any controlled substance as defined in the Illinois Controlled
16 Substances Act.
17 (Source: P.A. 89-507, eff. 7-1-97.)
 
18     (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
19     Sec. 8. It is unlawful for any person knowingly to produce
20 the cannabis sativa plant or to possess such plants or to
21 deliver such plants unless production or possession has been
22 authorized pursuant to the provisions of Article 2 Section 11
23 of the Act.
24     (1) Any person who violates this Section with respect to
25 production or possession of:
26     (a) Not more than 5 plants is guilty of a Class A
27 misdemeanor, except that a violation under paragraph (2) of
28 this Section is a Class 4 felony.
29     (b) More than 5, but not more than 20 plants, is guilty of
30 a Class 4 felony, except that a violation under paragraph (2)
31 of this Section is a Class 3 felony.
32     (c) More than 20, but not more than 50 plants, is guilty of
33 a Class 3 felony, except that a violation under paragraph (2)

 

 

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1 of this Section is a Class 2 felony.
2     (d) More than 50 plants is guilty of a Class 2 felony,
3 except that a violation under paragraph (2) of this Section is
4 a Class 1 felony, for which a fine not to exceed $100,000 may
5 be imposed and for which liability for the cost of conducting
6 the investigation and eradicating such plants may be assessed.
7 Compensation for expenses incurred in the enforcement of this
8 provision shall be transmitted to and deposited in the
9 treasurer's office at the level of government represented by
10 the Illinois law enforcement agency whose officers or employees
11 conducted the investigation or caused the arrest or arrests
12 leading to the prosecution, to be subsequently made available
13 to that law enforcement agency as expendable receipts for use
14 in the enforcement of laws regulating controlled substances and
15 cannabis. If such seizure was made by a combination of law
16 enforcement personnel representing different levels of
17 government, the court levying the assessment shall determine
18 the allocation of such assessment. The proceeds of assessment
19 awarded to the State treasury shall be deposited in a special
20 fund known as the Drug Traffic Prevention Fund.
21     (2) Any person authorized pursuant to the provisions of
22 Article 2 of this Act to produce or possess the cannabis sativa
23 plant, who knowingly produces the cannabis sativa plant or
24 possesses such plants or delivers such plants except as
25 provided for in Article 2, is guilty of violating this Section.
26 Any violation of this paragraph (2) shall be punished according
27 to the number of plants involved in the violation as provided
28 in paragraph (1) of this Section.
29 (Source: P.A. 84-1233.)
 
30     (720 ILCS 550/Art. 2 heading new)
31
ARTICLE 2. MEDICAL CANNABIS

 
32     (720 ILCS 550/205 new)

 

 

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1     Sec. 205. Findings.
2     (a) Modern medical research has discovered beneficial uses
3 for cannabis in treating or alleviating the pain, nausea, and
4 other symptoms associated with certain debilitating medical
5 conditions, as found by the National Academy of Sciences'
6 Institute of Medicine in March 1999.
7     (b) Although federal law currently prohibits any use of
8 cannabis, the laws of Alaska, California, Colorado, Hawaii,
9 Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, and
10 Washington permit the medical use and cultivation of cannabis.
11 Illinois joins in this effort for the health and welfare of its
12 citizens.
13     (c) State law should make a distinction between the medical
14 and non-medical use of cannabis. Hence, the purpose of this
15 Article 2 is to protect patients with debilitating medical
16 conditions, and their practitioners and primary caregivers,
17 from arrest and prosecution, criminal and other penalties, and
18 property forfeiture if such patients engage in the medical use
19 of cannabis.
20     (d) The people of the State of Illinois declare that they
21 enact this Article 2 pursuant to the police power to protect
22 the health of its citizens that is reserved to the State of
23 Illinois and its people under the Tenth Amendment to the United
24 States Constitution.
 
25     (720 ILCS 550/210 new)
26     Sec. 210. Definitions. The following terms, as used in this
27 Article, shall have the meanings set forth in this Section:
28     "Debilitating medical condition" means:
29         (1) cancer, glaucoma, positive status for human
30     immunodeficiency virus, acquired immune deficiency
31     syndrome, or Hepatitis C;     
32         (2) a chronic or debilitating disease or medical
33     condition that produces one or more of the following:

 

 

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1     cachexia or wasting syndrome; severe or chronic pain;
2     severe nausea; seizures, including but not limited to those
3     characteristic of epilepsy; severe and persistent muscle
4     spasms, including but not limited to those characteristic
5     of multiple sclerosis and Crohn's disease; or agitation of
6     Alzheimer's disease; or
7         (3) any other medical condition approved by the
8     Department, as provided for in subsection (a) of Section
9     220.
10     For purposes of Article 2, "Department" means the
11 Department of Public Health.
12     "Cannabis" has the meaning given that term in Section 3 of
13 this Act.
14     "Indoor locked facility" means a building, closet, room, or
15 other indoor area equipped with locks or other security devices
16 that permit access only by a registered caregiver or registered
17 patient.
18     "Medical use" means the acquisition, possession,
19 cultivation, manufacture, use, delivery, transfer, or
20 transportation of cannabis or paraphernalia relating to the
21 consumption of cannabis to alleviate a registered qualifying
22 patient's debilitating medical condition or symptoms
23 associated with the medical condition.
24     "Practitioner" means a physician licensed to practice
25 medicine in all its branches, an advanced practice nurse who
26 has a written collaborative agreement with the physician that
27 authorizes the provision of written certifications under this
28 Article 2, or a physician assistant who has been delegated the
29 authority to provide written certifications under this Article
30 2.
31     "Primary caregiver" means a person who is at least 18 years
32 old and who has agreed to assist with a person's medical use of
33 cannabis. A primary caregiver may assist no more than 3
34 qualifying patients with their medical use of cannabis.

 

 

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1     "Qualifying patient" means a person who has been diagnosed
2 by a practitioner as having a debilitating medical condition.
3     "Registry identification card" means a document issued by
4 the Department that identifies a person as a qualifying patient
5 or primary caregiver.
6     "Usable cannabis" means the dried leaves and flowers of the
7 cannabis plant, and any mixture or preparation thereof, but
8 does not include the seeds, stalks, and roots of the plant.
9     "Written certification" means the qualifying patient's
10 medical records, or a statement signed by a practitioner,
11 stating that in the practitioner's professional opinion the
12 potential benefits of the medical use of cannabis would likely
13 outweigh the health risks for the qualifying patient. A written
14 certification shall only be made in the course of a bona fide
15 practitioner-patient relationship after the practitioner has
16 completed a full assessment of the qualifying patient's medical
17 history. The written certification shall specify the
18 qualifying patient's debilitating medical condition or
19 conditions.
 
20     (720 ILCS 550/215 new)
21     Sec. 215. Protections for the medical use of cannabis.
22     (a) A qualifying patient who has in his or her possession a
23 registry identification card shall not be subject to arrest,
24 prosecution, or penalty in any manner, or denied any right or
25 privilege, including but not limited to civil penalty or
26 disciplinary action by a business or occupational or
27 professional licensing board or bureau, for the medical use of
28 cannabis, provided that the qualifying patient possesses an
29 amount of cannabis that does not exceed 8 cannabis plants and
30 two and one-half ounces of usable cannabis, which must be grown
31 in an indoor locked facility.
32     (b) A primary caregiver who has in his or her possession a
33 registry identification card shall not be subject to arrest,

 

 

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1 prosecution, or penalty in any manner, or denied any right or
2 privilege, including but not limited to civil penalty or
3 disciplinary action by a business or occupational or
4 professional licensing board or bureau, for assisting a
5 qualifying patient to whom he or she is connected through the
6 Department's registration process with the medical use of
7 cannabis, provided that the primary caregiver possesses an
8 amount of cannabis that does not exceed 8 cannabis plants and
9 two and one-half ounces of usable cannabis for each qualifying
10 patient to whom he or she is connected through the Department's
11 registration process, which must be grown in an indoor locked
12 facility.
13     (c) No school, employer, or landlord may refuse to enroll,
14 employ, lease to, or otherwise penalize a person solely for his
15 or her status as a registered qualifying patient or a
16 registered primary caregiver.
17     (d) There shall exist a presumption that a qualifying
18 patient or primary caregiver is engaged in the medical use of
19 cannabis if the qualifying patient or primary caregiver:
20         (1) is in possession of a registry identification card;
21     and
22         (2) is in possession of an amount of cannabis that does
23     not exceed the amount permitted under this Article 2. Such
24     presumption may be rebutted by evidence that conduct
25     related to cannabis was not for the purpose of alleviating
26     the qualifying patient's debilitating medical condition or
27     symptoms associated with the medical condition.
28     (e) A primary caregiver may receive reimbursement for costs
29 associated with assisting with a registered qualifying
30 patient's medical use of cannabis. Compensation shall not
31 constitute sale of controlled substances.
32     (f) A practitioner shall not be subject to arrest,
33 prosecution, or penalty in any manner, or denied any right or
34 privilege, including but not limited to civil penalty or

 

 

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1 disciplinary action by the Medical Disciplinary Board or by
2 another business or occupational or professional licensing
3 board or bureau solely for providing written certifications or
4 for otherwise stating that, in the practitioner's professional
5 opinion, the potential benefits of the medical cannabis would
6 likely outweigh the health risks for a patient.
7     Any interest in or right to property that is possessed,
8 owned, or used in connection with the medical use of cannabis,
9 or acts incidental to such use, shall not be forfeited.
10     (g) No person shall be subject to arrest or prosecution for
11 constructive possession, conspiracy, aiding and abetting,
12 being an accessory, or any other offense for simply being in
13 the presence or vicinity of the medical use of cannabis as
14 permitted under this Article 2 or for assisting a registered
15 qualifying patient with using or administering cannabis.
16     (h) A registry identification card, or its equivalent,
17 issued under the laws of another state, U.S. territory, or the
18 District of Columbia to permit the medical use of cannabis by a
19 qualifying patient, or to permit a person to assist with a
20 qualifying patient's medical use of cannabis, shall have the
21 same force and effect as a registry identification card issued
22 by the Department.
 
23     (720 ILCS 550/220 new)
24     Sec. 220. Department to adopt rules.
25     (a) Not later than 90 days after the effective date of this
26 Article 2, the Department shall, with notice to the Department
27 of State Police, adopt rules governing the manner in which it
28 shall consider petitions from the public to add debilitating
29 medical conditions to those included in this Article 2. In
30 considering such petitions, the Department shall include
31 public notice of, and an opportunity to comment in a public
32 hearing upon, such petitions. The Department shall, after
33 hearing, approve or deny such petitions within 180 days after

 

 

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1 submission. The approval or denial of such a petition shall be
2 considered a final Department action, subject to judicial
3 review. Jurisdiction and venue for judicial review are vested
4 in the circuit court. The denial of a petition shall not
5 disqualify qualifying patients with that condition if they have
6 a debilitating medical condition. The denial of a petition
7 shall not prevent a person with the denied condition from
8 raising an affirmative defense.
9     (b) Not later than 90 days after the effective date of this
10 Article 2, the Department shall adopt rules governing the
11 manner in which it shall consider applications for and renewals
12 of registry identification cards for qualifying patients and
13 primary caregivers. The Department's rules shall establish
14 application and renewal fees that generate revenues sufficient
15 to offset all expenses of implementing and administering this
16 Article 2. The fee shall include an additional $2 per registry
17 identification card which shall be allocated to drug treatment
18 and prevention. The Department may vary the application and
19 renewal fees along a sliding scale that accounts for a
20 qualifying patient's income. The Department may accept
21 donations from private sources in order to reduce the
22 application and renewal fees.
 
23     (720 ILCS 550/225 new)
24     Sec. 225. Administering the Department's rules.
25     (a) The Department shall issue registry identification
26 cards to qualifying patients who submit the following, in
27 accordance with the Department's rules:
28         (1) written certification;
29         (2) application or renewal fee;
30         (3) name, address, and date of birth of the qualifying
31     patient, except that if the applicant is homeless, no
32     address is required;
33         (4) name, address, and telephone number of the

 

 

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1     qualifying patient's practitioner; and
2         (5) name, address, and date of birth of the primary
3     caregiver of the qualifying patient, if any.
4     (b) The Department shall not issue a registry
5 identification card to a qualifying patient under the age of 18
6 unless:
7         (1) The qualifying patient's practitioner has
8     explained the potential risks and benefits of the medical
9     use of cannabis to the qualifying patient and to a parent,
10     guardian, or person having legal custody of the qualifying
11     patient; and
12         (2) A parent, guardian, or person having legal custody
13     consents in writing to:
14             (A) allow the qualifying patient's medical use of
15         cannabis;
16             (B) serve as the qualifying patient's primary
17         caregiver; and
18             (C) control the acquisition of the cannabis, the
19         dosage, and the frequency of the medical use of
20         cannabis by the qualifying patient.
21     (c) The Department shall verify the information contained
22 in an application or renewal submitted pursuant to this
23 Section, and shall approve or deny an application or renewal
24 within 15 days of receiving it. The Department may deny an
25 application or renewal only if the applicant did not provide
26 the information required pursuant to this Section, or if the
27 Department determines that the information provided was
28 falsified. Rejection of an application or renewal is considered
29 a final Department action, subject to judicial review under the
30 Administrative Review Law. Jurisdiction and venue for judicial
31 review are vested in the circuit court.
32     (d) The Department shall issue a registry identification
33 card to the primary caregiver, if any, who is named in a
34 qualifying patient's approved application. No more than one

 

 

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1 primary caregiver may be named in a qualifying patient's
2 application.
3     (e) The Department shall issue registry identification
4 cards within 5 days of approving an application or renewal,
5 which shall expire one year after the date of issuance.
6 Registry identification cards shall contain:
7         (1) the name, address, and date of birth of the
8     qualifying patient;
9         (2) the name, address, and date of birth of the primary
10     caregiver of the qualifying patient, if any;
11         (3) the date of issuance and expiration date of the
12     registry identification card;
13         (4) a unique random registry identification number;
14     and
15         (5) a recent photograph.
16         (f)(1) A qualifying patient who has been issued a
17     registry identification card shall notify the Department
18     of any change in the qualifying patient's name, address, or
19     primary caregiver, or if the qualifying patient ceases to
20     have his or her debilitating medical condition, within 10
21     days of such change.
22         (2) A registered qualifying patient who fails to notify
23     the Department of any of these changes is responsible for a
24     civil infraction, punishable by a fine of no more than
25     $150. If the person has ceased to suffer from a
26     debilitating medical condition, the card shall be deemed
27     null and void and the person shall be liable for any other
28     penalties that may apply to the person's non-medical use of
29     cannabis.
30         (3) A registered primary caregiver shall notify the
31     Department of any change in his or her name or address
32     within 10 days of such change. A primary caregiver who
33     fails to notify the Department of any of these changes is
34     responsible for a civil infraction, punishable by a fine of

 

 

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1     no more than $150.
2         (4) When a qualifying patient or primary caregiver
3     notifies the Department of any changes listed in this
4     subsection (f), the Department shall issue the registered
5     qualifying patient and the primary caregiver a new registry
6     identification card within 10 days of receiving the updated
7     information and a $10 fee.
8         (5) When a qualifying patient who possesses a registry
9     identification card changes his or her primary caregiver,
10     the Department shall notify the primary caregiver within 10
11     days. The primary caregiver's protections as provided in
12     this Article 2 shall expire 10 days after notification by
13     the Department.
14         (6) If a registered qualifying patient or a primary
15     caregiver loses his or her registry identification card, he
16     or she shall notify the Department and submit a $10 fee
17     within 10 days of losing the card. Within 5 days, the
18     Department shall issue a new registry identification card
19     with a new random identification number.
20     (g) Possession of, or application for, a registry
21 identification card does not constitute probable cause or
22 reasonable suspicion, nor may it be used to support the search
23 of the person or property of the person possessing or applying
24 for the registry identification card, or otherwise subject the
25 person or property of the person to inspection by any
26 governmental agency.
27         (h)(1) Applications and supporting information
28     submitted by qualifying patients, including information
29     regarding their primary caregivers and practitioners, are
30     confidential and protected under the federal Health
31     Insurance Portability and Accountability Act of 1996 and
32     when applicable, the AIDS Confidentiality Act.
33         (2) The Department shall maintain a confidential list
34     of the persons to whom the Department has issued registry

 

 

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1     identification cards. Individual names and other
2     identifying information on the list shall be confidential,
3     exempt from the Freedom of Information Act, and not subject
4     to disclosure, except to authorized employees of the
5     Department as necessary to perform official duties of the
6     Department.
7         (3) The Department shall make available to law
8     enforcement personnel a secure website whereby law
9     enforcement can determine whether a registry
10     identification card is valid solely by entering the random
11     identification number. The secure website shall return
12     data as it appears on the registry identification card,
13     which includes the digital photo used on the card, name,
14     address, and date of birth.
15         (4) It is a Class B misdemeanor for any person,
16     including an employee or official of the Department or
17     another State agency or local government, to breach the
18     confidentiality of information obtained pursuant to this
19     Article 2. Notwithstanding this provision, Department
20     employees may notify law enforcement about falsified or
21     fraudulent information submitted to the Department.
22     (i) The Department shall report annually to the General
23 Assembly on the number of applications for registry
24 identification cards, the number of qualifying patients and
25 primary caregivers approved, the nature of the debilitating
26 medical conditions of the qualifying patients, the number of
27 registry identification cards revoked, and the number of
28 practitioners providing written certification for qualifying
29 patients. The Department shall not provide any information
30 identifying qualifying patients, primary caregivers, or
31 practitioners.
 
32     (720 ILCS 550/230 new)
33     Sec. 230. Scope of Article 2.

 

 

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1     (a) This Article 2 does not permit:
2         (1) any person to undertake any task under the
3     influence of cannabis, when doing so would constitute
4     negligence or professional malpractice;
5         (2) the smoking of cannabis:
6             (A) in a school bus or other form of public
7         transportation;
8             (B) on any school grounds;
9             (C) in any correctional facility; or
10             (D) in any public place; and
11         (3) any person to operate, navigate, or be in actual
12     physical control of any motor vehicle, aircraft, or
13     motorboat while under the influence of cannabis. However, a
14     registered qualifying patient may not be considered to be
15     under the influence solely for having cannabis metabolites
16     in his or her system.
17     (b) Nothing in this Article 2 shall be construed to
18 require:
19         (1) a government medical assistance program or private
20     health insurer to reimburse a person for costs associated
21     with the medical use of cannabis; or
22         (2) an employer to accommodate the medical use of
23     cannabis in any workplace.
 
24     (720 ILCS 550/235 new)
25     Sec. 235. Affirmative defense and dismissal for medical
26 cannabis.
27     (a) Except as provided in Section 230, a person and a
28 person's primary caregiver, if any, may assert the medical
29 purpose for using cannabis as a defense to any prosecution
30 involving cannabis, and such defense shall be presumed valid
31 where the evidence shows that:
32         (1) the person's medical records indicate, or a
33     practitioner has stated that, in the practitioner's

 

 

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1     professional opinion, after having completed a full
2     assessment of the person's medical history and current
3     medical condition made in the course of a bona fide
4     practitioner-patient relationship, the potential benefits
5     of using cannabis for medical purposes would likely
6     outweigh the health risks for the person; and
7         (2) the person and the person's primary caregiver, if
8     any, were collectively in possession of a quantity of
9     cannabis that was not more than was reasonably necessary to
10     ensure the uninterrupted availability of cannabis for the
11     purpose of alleviating the person's medical condition or
12     symptoms associated with the medical condition.
13     (b) A person may assert the medical purpose for using
14 cannabis in a motion to dismiss, and the charges shall be
15 dismissed following an evidentiary hearing where the defendant
16 shows the elements listed in subsection (a) of this Section.
17     (c) Any interest in or right to property that was
18 possessed, owned, or used in connection with a person's use of
19 cannabis for medical purposes shall not be forfeited if the
20 person or the person's primary caregiver demonstrates the
21 person's medical purpose for using cannabis pursuant to this
22 Section.
 
23     (720 ILCS 550/240 new)
24     Sec. 240. Enforcement of this Article 2.
25     (a) Within 30 days after the effective date of this Article
26 2, the Department shall adopt emergency rules to implement this
27 Article 2. Within 6 months after the effective date of this
28 Article 2, a task force consisting of the Directors or their
29 designees of the Departments of Public Health and State Police
30 and the Secretary of Human Services or his or her designee; 2
31 members of the House of Representatives appointed by the
32 Speaker of the House of Representatives; 2 members of the
33 Senate appointed by the President of the Senate; one member of

 

 

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1 the House of Representatives appointed by the House Minority
2 Leader; and one member of the Senate appointed by the Senate
3 Minority Leader shall act to implement permanent rules. In
4 addition the Speaker and the President shall appoint one person
5 each involved in patient services or advocacy. If the
6 Department fails to adopt rules to implement this Article 2
7 within 6 months after the effective date of this Article 2, a
8 qualifying patient may commence an action in a court of
9 competent jurisdiction to compel the Department to perform the
10 actions mandated pursuant to the provisions of this Article 2.
11     (b) If the Department fails to issue a valid registry
12 identification card in response to a valid application
13 submitted pursuant to this Article 2 within 20 days of its
14 submission, the registry identification card shall be deemed
15 granted and a copy of the registry identification application
16 shall be deemed a valid registry identification card.
 
17     (720 ILCS 550/245 new)
18     Sec. 245. Non-profit dispensaries.
19     (a) "Registered organization" means a non-profit entity
20 registered with the State under this Article 2 that acquires,
21 possesses, cultivates, manufactures, delivers, transfers,
22 transports, supplies, or dispenses cannabis, cultivation
23 equipment, related supplies and educational materials, or
24 cannabis seeds to registered qualifying patients. A registered
25 organization is a primary caregiver, although it may supply
26 cannabis to any number of registered qualifying patients who
27 have designated it as their primary caregiver.
28         (b)(1) The Department shall issue a registered
29     organization license within 20 days to any person who
30     complies with this Article 2, including the limitations in
31     subsection (i), and Department rules and provides the
32     following:
33             (A) a fee paid to the Department in the amount

 

 

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1         established by the Department, which shall not exceed
2         $1,000;
3             (B) the name of the registered organization;
4             (C) the physical addresses of the registered
5         organization and any other real property where
6         cannabis is to be possessed, cultivated, manufactured,
7         supplied, or dispensed relating to the operations of
8         the registered organization; and
9             (D) the name, address, date of birth, and
10         photograph of any person who is an agent of or employed
11         by the registered organization.
12         (2) The Department shall issue each agent and employee
13     of a registered organization a registry identification
14     card for a cost of $10 each within 10 days of receipt of
15     the person's identifying information and the fee. Each card
16     shall specify that the cardholder is an employee or agent
17     of a registered organization.
18         (3) Each license for a registered organization and each
19     employee or agent registry identification card shall
20     expire one year after the date of issuance.
21         (4) Not later than 90 days after the effective date of
22     this Article 2, the Department shall promulgate rules to
23     implement this Section, including the following:
24             (A) procedures for the oversight of registered
25         organizations, record-keeping and reporting
26         requirements for registered organizations, the
27         potential transfer or sale of seized cultivation
28         equipment and related supplies from law enforcement
29         agencies to registered organizations, and procedures
30         for suspending or terminating the registration of
31         registered organizations; and
32             (B) the form and content of the registration and
33         renewal applications.
34     (c) Registered organizations shall be subject to

 

 

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1 reasonable inspection by the Department to determine that
2 applicable rules are being followed. Reasonable notice shall be
3 given prior to these inspections.
4         (d) (1) Registered organizations shall be established
5     as nonprofit entities. They shall be subject to all
6     applicable State laws governing nonprofit entities, but
7     need not be recognized as a 501(c)(3) organization by the
8     Internal Revenue Service.
9         (2) Registered organizations may not be located within
10     500 feet of the property line of a public school, private
11     school, or structure used primarily for religious services
12     or worship.
13         (3) The operating documents of a registered
14     organization shall include procedures for the oversight of
15     the registered organization and procedures to ensure
16     adequate record-keeping.
17         (e)(1) A registered organization shall notify the
18     Department within 10 days of when an employee or agent
19     ceases to work at the registered organization.
20         (2) The registered organization shall notify the
21     Department before a new agent or employee begins working at
22     the registered organization, in writing, and it shall
23     submit a $10 fee for that person's registry identification
24     card.
25         (f)(1) No registered organization shall be subject to
26     prosecution, search, seizure, or penalty in any manner, or
27     denied any right or privilege, including but not limited to
28     civil penalty or disciplinary action by a business or
29     occupational or professional licensing board or bureau for
30     acting in accordance with this Article 2 and the rules
31     issued pursuant to this Article 2 to assist registered
32     qualifying patients to whom it is connected through the
33     Department's registration process with the medical use of
34     cannabis, provided that the registered organization

 

 

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1     possesses an amount of cannabis which does not exceed 8
2     cannabis plants and two and one-half ounces of usable
3     cannabis for each registered qualifying patient.
4         (2) No employees, agents, or board members of a
5     registered organization shall be subject to arrest,
6     prosecution, search, seizure, or penalty in any manner, or
7     denied any right or privilege, including but not limited to
8     civil penalty or disciplinary action by a business or
9     occupational or professional licensing board or bureau,
10     for working for a registered organization in accordance
11     with this Article 2.
12         (3) Applications and supporting information submitted
13     by registered organizations, including licenses and
14     information regarding their patients, primary caregivers,
15     agents and employees of the organization are confidential
16     and when applicable protected under the federal Health
17     Insurance Portability and Accountability Act of 1996 and
18     the AIDS Confidentiality Act.
19     (g) The registered organization is prohibited from:
20         (1) obtaining cannabis from outside the State in
21     violation of federal law;
22         (2) acquiring, possessing, cultivating, manufacturing,
23     delivering, transferring, transporting, supplying, or
24     dispensing cannabis for any purpose except to assist
25     registered qualifying patients with their medical use of
26     cannabis.
27     (h) Except as provided in this Article 2, a municipality
28 may not prevent a registered organization from operating in
29 accordance with this Article 2 in an area where zoning permits
30 retail businesses. This subsection (h) is a limitation under
31 subsection (i) of Section 6 of Article VII of the Illinois
32 Constitution on the concurrent exercise by home rule units of
33 powers and functions exercised by the State.
34     (i) The number of licenses for registered organizations

 

 

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1 that the Department issues shall be limited to one registered
2 organization license for each municipality with a population of
3 50,000 or more, except that a municipality with a population of
4 1,000,000 or more shall be limited to 15 registered
5 organization licenses.
6     (j) If provisions of this Article 2 establishing registered
7 organizations are enjoined or declared unconstitutional, then
8 enforcing laws against delivery of cannabis for consideration
9 to registered qualifying patients shall be the lowest priority
10 of law enforcement.
 
11     (720 ILCS 550/250 new)
12     Sec. 250. Application. In the event of a conflict between
13 this Article 2 and Article 1 of this Act, the provisions of
14 this Article 2 shall control.
 
15     (720 ILCS 550/11 rep.)
16     Section 10. The Cannabis Control Act is amended by
17 repealing Section 11.
 
18     Section 95. Severability. The provisions of this Act are
19 severable under Section 1.31 of the Statute on Statutes.
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".