Bill Status of SB2568  94th General Assembly


Short Description:  MEDICAL CANNABIS ACT-CREATES

Senate Sponsors
Sen. John J. Cullerton - Kwame Raoul - Iris Y. Martinez

Last Action
DateChamber Action
  1/9/2007SenateSession Sine Die

Statutes Amended In Order of Appearance
New Act
720 ILCS 550/11from Ch. 56 1/2, par. 711


Synopsis As Introduced
Creates the Medical Cannabis Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more than 12 cannabis plants and two and one-half ounces 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 12 cannabis plants and two and one-half ounces of usable cannabis. Provides that within 30 days after the effective date of the Act, the Department shall adopt emergency rules to implement the Act. Creates a task force to implement permanent rules. Provides that if the Department fails to adopt rules to implement the Act within 6 months after the effective date of the Act, a qualifying patient may commence an action in a court of competent jurisdiction to compel the Department to perform the actions mandated pursuant to the provisions of the Act. Provides that a municipality may not prevent a registered organization from operating in accordance with the Act in an area where zoning permits retail businesses. Provides that this provision is a limitation on home rule powers. Provides that if there is a conflict between the Medical Cannabis Act and the Cannabis Control Act, the provisions of the Medical Cannabis Act control. Amends the Cannabis Control Act to make conforming changes consistent with the Medical Cannabis Act. Effective immediately.

Senate Committee Amendment No. 1
Provides that the exemption from liability for a practitioner who provides written certification or states that, in the practitioner's professional opinion, the potential benefits of medical cannabis would likely outweigh the health risks for a patient, shall not limit the Medical Disciplinary Board's or another business or occupational or professional licensing board's or bureau's power to penalize a physician if he or she violates the standard of care.

Senate Floor Amendment No. 2
Deletes reference to:
New Act
720 ILCS 550/11
Adds reference to:
720 ILCS 550/Art. 1 heading new
720 ILCS 550/3from Ch. 56 1/2, par. 703
720 ILCS 550/8from Ch. 56 1/2, par. 708
720 ILCS 550/Art. 2 heading new
720 ILCS 550/205 new
720 ILCS 550/210 new
720 ILCS 550/215 new
720 ILCS 550/220 new
720 ILCS 550/225 new
720 ILCS 550/230 new
720 ILCS 550/235 new
720 ILCS 550/240 new
720 ILCS 550/245 new
720 ILCS 550/250 new
720 ILCS 550/11 rep.

Deletes everything after the enacting clause. Reinserts the provisions of the bill with these changes: (1) makes the provisions amendatory of the Cannabis Control Act instead of a new Medical Cannabis Act; (2) provides that a primary caregiver may assist no more than 3 (rather than 5) qualifying patients with their medical use of cannabis; (3) provides that a qualifying patient or qualifying caregiver may possess no more than 8 (rather than 12) cannabis plants; (4) provides that the cannabis must be grown in an indoor locked facility; (5) provides for an additional $2 fee for a registry identification card which shall be allocated to drug treatment and prevention; (6) provides for only one qualifying primary caregiver per qualifying patient; (7) provides for various penalties for the delivery of cannabis by a primary caregiver for non-medical purposes and for the use of cannabis for non-medical purposes; and (8) limits the number registered organizations that may dispense cannabis for medical purposes. Effective immediately.

Actions 
DateChamber Action
  1/20/2006SenateFiled with Secretary by Sen. John J. Cullerton
  1/20/2006SenateFirst Reading
  1/20/2006SenateReferred to Rules
  2/8/2006SenateAssigned to Health & Human Services
  2/9/2006SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  2/14/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  2/14/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  2/14/2006SenateSenate Committee Amendment No. 1 Rules Refers to Health & Human Services
  2/15/2006SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  2/15/2006SenateSenate Committee Amendment No. 1 Adopted
  2/16/2006SenateDo Pass as Amended Health & Human Services; 006-005-000
  2/16/2006SenatePlaced on Calendar Order of 2nd Reading February 22, 2006
  2/28/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  2/28/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  2/28/2006SenateSenate Floor Amendment No. 2 Rules Refers to Health & Human Services
  3/1/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Health & Human Services; 006-003-001
  3/1/2006SenateSecond Reading
  3/1/2006SenateSenate Floor Amendment No. 2 Adopted; Cullerton
  3/1/2006SenatePlaced on Calendar Order of 3rd Reading March 2, 2006
  6/4/2006SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  1/9/2007SenateSession Sine Die