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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 10, 25, 35, 50, 55,
660, 75, and 220 and by adding Section 74 as follows:
7    (410 ILCS 130/10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 10. Definitions. The following terms, as used in this
10Act, shall have the meanings set forth in this Section:
11    (a) "Adequate supply" means:
12        (1) 2.5 ounces of usable cannabis during a period of 14
13    days and that is derived solely from an intrastate source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a physician
16    provides a substantial medical basis in a signed, written
17    statement asserting that, based on the patient's medical
18    history, in the physician's professional judgment, 2.5
19    ounces is an insufficient adequate supply for a 14-day
20    period to properly alleviate the patient's debilitating
21    medical condition or symptoms associated with the
22    debilitating medical condition.
23        (3) This subsection may not be construed to authorize



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1    the possession of more than 2.5 ounces at any time without
2    authority from the Department of Public Health.
3        (4) The pre-mixed weight of medical cannabis used in
4    making a cannabis infused product shall apply toward the
5    limit on the total amount of medical cannabis a registered
6    qualifying patient may possess at any one time.
7    (b) "Cannabis" has the meaning given that term in Section 3
8of the Cannabis Control Act.
9    (c) "Cannabis plant monitoring system" means a system that
10includes, but is not limited to, testing and data collection
11established and maintained by the registered cultivation
12center and available to the Department for the purposes of
13documenting each cannabis plant and for monitoring plant
14development throughout the life cycle of a cannabis plant
15cultivated for the intended use by a qualifying patient from
16seed planting to final packaging.
17    (d) "Cardholder" means a qualifying patient or a designated
18caregiver who has been issued and possesses a valid registry
19identification card by the Department of Public Health.
20    (e) "Cultivation center" means a facility operated by an
21organization or business that is registered by the Department
22of Agriculture to perform necessary activities to provide only
23registered medical cannabis dispensing organizations with
24usable medical cannabis.
25    (f) "Cultivation center agent" means a principal officer,
26board member, employee, or agent of a registered cultivation



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1center who is 21 years of age or older and has not been
2convicted of an excluded offense.
3    (g) "Cultivation center agent identification card" means a
4document issued by the Department of Agriculture that
5identifies a person as a cultivation center agent.
6    (h) "Debilitating medical condition" means one or more of
7the following:
8        (1) cancer, glaucoma, positive status for human
9    immunodeficiency virus, acquired immune deficiency
10    syndrome, hepatitis C, amyotrophic lateral sclerosis,
11    Crohn's disease, agitation of Alzheimer's disease,
12    cachexia/wasting syndrome, muscular dystrophy, severe
13    fibromyalgia, spinal cord disease, including but not
14    limited to arachnoiditis, Tarlov cysts, hydromyelia,
15    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
16    spinal cord injury, traumatic brain injury and
17    post-concussion syndrome, Multiple Sclerosis,
18    Arnold-Chiari malformation and Syringomyelia,
19    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
20    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
21    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
22    (Complex Regional Pain Syndromes Type II),
23    Neurofibromatosis, Chronic Inflammatory Demyelinating
24    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
25    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
26    syndrome, residual limb pain, seizures (including those



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1    characteristic of epilepsy), or the treatment of these
2    conditions; or
3        (2) any other debilitating medical condition or its
4    treatment that is added by the Department of Public Health
5    by rule as provided in Section 45.
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
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    (l) "Excluded offense" means:
24        (1) a violent crime defined in Section 3 of the Rights
25    of Crime Victims and Witnesses Act or a substantially
26    similar offense that was classified as a felony in the



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1    jurisdiction where the person was convicted; or
2        (2) a violation of a state or federal controlled
3    substance law that was classified as a felony in the
4    jurisdiction where the person was convicted, except that
5    the registering Department may waive this restriction if
6    the person demonstrates to the registering Department's
7    satisfaction that his or her conviction was for the
8    possession, cultivation, transfer, or delivery of a
9    reasonable amount of cannabis intended for medical use.
10    This exception does not apply if the conviction was under
11    state law and involved a violation of an existing medical
12    cannabis law.
13    (m) "Medical cannabis cultivation center registration"
14means a registration issued by the Department of Agriculture.
15    (n) "Medical cannabis container" means a sealed,
16traceable, food compliant, tamper resistant, tamper evident
17container, or package used for the purpose of containment of
18medical cannabis from a cultivation center to a dispensing
20    (o) "Medical cannabis dispensing organization", or
21"dispensing organization", or "dispensary organization" means
22a facility operated by an organization or business that is
23registered by the Department of Financial and Professional
24Regulation to acquire medical cannabis from a registered
25cultivation center for the purpose of dispensing cannabis,
26paraphernalia, or related supplies and educational materials



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



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



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1cannabis to treat or alleviate the patient's debilitating
2medical condition or symptoms associated with the debilitating
3medical condition; (2) that the qualifying patient has a
4debilitating medical condition and specifying the debilitating
5medical condition the qualifying patient has; and (2) (3) that
6the patient is under the physician's care for the physician is
7treating or managing treatment of the patient's debilitating
8medical condition. A written certification shall be made only
9in the course of a bona fide physician-patient relationship,
10after the physician has completed an assessment of the
11qualifying patient's medical history, reviewed relevant
12records related to the patient's debilitating condition, and
13conducted a physical examination.
14    A veteran who has received treatment at a VA hospital shall
15be deemed to have a bona fide physician-patient relationship
16with a VA physician if the patient has been seen for his or her
17debilitating medical condition at the VA Hospital in accordance
18with VA Hospital protocols.
19    A bona fide physician-patient relationship under this
20subsection is a privileged communication within the meaning of
21Section 8-802 of the Code of Civil Procedure.
22(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
23    (410 ILCS 130/35)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 35. Physician requirements.



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



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



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1        (7) advertise in a cultivation center or a dispensing
2    organization.
3    (c) The Department of Public Health may with reasonable
4cause refer a physician, who has certified a debilitating
5medical condition of a patient, to the Illinois Department of
6Financial and Professional Regulation for potential violations
7of this Section.
8    (d) Any violation of this Section or any other provision of
9this Act or rules adopted under this Act is a violation of the
10Medical Practice Act of 1987.
11(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
12    (410 ILCS 130/60)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 60. Issuance of registry identification cards.
15    (a) Except as provided in subsection (b), the Department of
16Public Health shall:
17        (1) verify the information contained in an application
18    or renewal for a registry identification card submitted
19    under this Act, and approve or deny an application or
20    renewal, within 30 days of receiving a completed
21    application or renewal application and all supporting
22    documentation specified in Section 55;
23        (2) issue registry identification cards to a
24    qualifying patient and his or her designated caregiver, if
25    any, within 15 business days of approving the application



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



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1with VA hospital protocols. All reasonable inferences
2regarding the existence of a bona fide physician-patient
3relationship shall be drawn in favor of an applicant who is a
4veteran and has undergone treatment at a VA hospital.
5    (d) Upon the approval of the registration and issuance of a
6registry card under this Section, the Department of Public
7Health shall forward the designated caregiver or registered
8qualified patient's driver's registration number to the
9Secretary of State and certify that the individual is permitted
10to engage in the medical use of cannabis. For the purposes of
11law enforcement, the Secretary of State shall make a notation
12on the person's driving record stating the person is a
13registered qualifying patient who is entitled to the lawful
14medical use of cannabis. If the person no longer holds a valid
15registry card, the Department shall notify the Secretary of
16State and the Secretary of State shall remove the notation from
17the person's driving record. The Department and the Secretary
18of State may establish a system by which the information may be
19shared electronically.
20    (e) Upon the approval of the registration and issuance of a
21registry card under this Section, the Department of Public
22Health shall electronically forward the registered qualifying
23patient's identification card information to the Prescription
24Monitoring Program established under the Illinois Controlled
25Substances Act and certify that the individual is permitted to
26engage in the medical use of cannabis. For the purposes of



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1patient care, the Prescription Monitoring Program shall make a
2notation on the person's prescription record stating that the
3person is a registered qualifying patient who is entitled to
4the lawful medical use of cannabis. If the person no longer
5holds a valid registry card, the Department of Public Health
6shall notify the Prescription Monitoring Program and
7Department of Human Services to remove the notation from the
8person's record. The Department of Human Services and the
9Prescription Monitoring Program shall establish a system by
10which the information may be shared electronically. This
11confidential list may not be combined or linked in any manner
12with any other list or database except as provided in this
14(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
15    (410 ILCS 130/74 new)
16    Sec. 74. Posting of patient information on the use of
17medical cannabis. The Department of Public Health shall post
18on its website information available from other State public
19health departments or other sources on the proper use of
20medical cannabis. This information shall include at a minimum
21any available information on the risks and benefits of cannabis
22use for medical conditions. Each licensed dispensary shall post
23on its websites information available from State public health
24departments or other sources on the proper use of medical
25cannabis. This information shall include at a minimum any



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1available information on the risks and benefits of cannabis use
2for medical conditions.
3    (410 ILCS 130/75)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 75. Notifications to Department of Public Health and
6responses; civil penalty.
7    (a) The following notifications and Department of Public
8Health responses are required:
9        (1) A registered qualifying patient shall notify the
10    Department of Public Health of any change in his or her
11    name or address, or if the registered qualifying patient
12    ceases to have his or her debilitating medical condition,
13    within 10 days of the change.
14        (2) A registered designated caregiver shall notify the
15    Department of Public Health of any change in his or her
16    name or address, or if the designated caregiver becomes
17    aware the registered qualifying patient passed away,
18    within 10 days of the change.
19        (3) Before a registered qualifying patient changes his
20    or her designated caregiver, the qualifying patient must
21    notify the Department of Public Health.
22        (4) If a cardholder loses his or her registry
23    identification card, he or she shall notify the Department
24    within 10 days of becoming aware the card has been lost.
25    (b) When a cardholder notifies the Department of Public



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



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1this Act.
2    (f) If the registered qualifying patient's certifying
3physician notifies the Department in writing that either the
4registered qualifying patient has ceased to suffer from a
5debilitating medical condition or that the physician no longer
6believes the patient would receive therapeutic or palliative
7benefit from the medical use of cannabis, the card shall become
8null and void. However, the registered qualifying patient shall
9have 15 days to destroy his or her remaining medical cannabis
10and related paraphernalia.
11(Source: P.A. 98-122, eff. 1-1-14.)
12    (410 ILCS 130/220)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 220. Repeal of Act. This Act is repealed on July 1,
152020 4 years after the effective date of this Act.
16(Source: P.A. 98-122, eff. 1-1-14.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.