Full Text of HB0030 97th General Assembly
HB0030eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning alternative treatment for serious
| 2 | | diseases causing chronic pain and debilitating conditions.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 1. Short title. This Act may be cited as the | 6 | | Compassionate Use of Medical Cannabis Pilot Program Act. | 7 | | Section 5. Findings. | 8 | | (a) The recorded use of cannabis as a medicine goes back | 9 | | nearly 5,000 years. Modern medical research has confirmed the | 10 | | beneficial uses of cannabis in treating or alleviating the | 11 | | pain, nausea, and other symptoms associated with a variety of | 12 | | debilitating medical conditions, including cancer, multiple | 13 | | sclerosis, and HIV/AIDS, as found by the National Academy of | 14 | | Sciences' Institute of Medicine in March 1999. | 15 | | (b) Studies published since the 1999 Institute of Medicine | 16 | | report continue to show the therapeutic value of cannabis in | 17 | | treating a wide array of debilitating medical conditions. These | 18 | | include relief of the neuropathic pain caused by multiple | 19 | | sclerosis, HIV/AIDS, and other illnesses that often fail to | 20 | | respond to conventional treatments and relief of nausea, | 21 | | vomiting, and other side effects of drugs used to treat | 22 | | HIV/AIDS and hepatitis C, increasing the chances of patients | 23 | | continuing on life-saving treatment regimens. |
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| 1 | | (c) Cannabis has many currently accepted medical uses in | 2 | | the United States, having been recommended by thousands of | 3 | | licensed physicians to at least 600,000 patients in states with | 4 | | medical cannabis laws. The medical utility of cannabis is | 5 | | recognized by a wide range of medical and public health | 6 | | organizations, including the American Academy of HIV Medicine, | 7 | | the American College of Physicians, the American Nurses | 8 | | Association, the American Public Health Association, the | 9 | | Leukemia & Lymphoma Society, and many others. | 10 | | (d) Data from the Federal Bureau of Investigation's Uniform | 11 | | Crime Reports and the Compendium of Federal Justice Statistics | 12 | | show that approximately 99 out of every 100 cannabis arrests in | 13 | | the U.S. are made under State law, rather than under federal | 14 | | law. Consequently, changing State law will have the practical | 15 | | effect of protecting from arrest the vast majority of seriously | 16 | | ill patients who have a medical need to use cannabis. | 17 | | (e) Alaska, Arizona, California, Colorado, Hawaii, Maine, | 18 | | Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, | 19 | | Vermont, Rhode Island, Washington State, and Washington, D.C. | 20 | | have removed state-level criminal penalties from the medical | 21 | | use and cultivation of cannabis. Illinois joins in this effort | 22 | | for the health and welfare of its citizens. | 23 | | (f) 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. |
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| 1 | | (g) State law should make a distinction between the medical | 2 | | and non-medical uses of cannabis. Hence, the purpose of this | 3 | | Act is to protect patients with debilitating medical | 4 | | conditions, as well as their physicians and providers, from | 5 | | arrest and prosecution, criminal and other penalties, and | 6 | | property forfeiture if such patients engage in the medical use | 7 | | of cannabis. | 8 | | Section 10. Definitions. The following terms, as used in | 9 | | this Act, shall have the meanings set forth in this Section: | 10 | | (a) "Adequate supply" means: | 11 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 12 | | days and that is derived solely from an intrastate source; | 13 | | (2) Subject to the rules of the Department, a patient | 14 | | may apply for a waiver where a physician provides a | 15 | | substantial medical basis in a signed, written statement | 16 | | asserting that, based on the patient's medical history, in | 17 | | the physician's professional judgment, 2.5 ounces is an | 18 | | insufficient adequate supply for a 14-day period to | 19 | | properly alleviate the patient's debilitating medical | 20 | | condition or symptoms associated with the debilitating | 21 | | medical condition;
| 22 | | (3) This subsection shall not be construed to authorize | 23 | | the possession of more than 2.5 ounces at any time without | 24 | | authority from the Department. | 25 | | (b) "Cannabis" has the meaning given that term in Section 3 |
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| 1 | | of the Cannabis Control Act. | 2 | | (c) "Cardholder" means a qualifying patient or a designated | 3 | | caregiver who has been issued and possesses a valid registry | 4 | | identification card. | 5 | | (d) "Debilitating medical condition" means one or more of | 6 | | the following: | 7 | | (1) cancer, glaucoma, positive status for human | 8 | | immunodeficiency virus, acquired immune deficiency | 9 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 10 | | Crohn's disease, agitation of Alzheimer's disease, | 11 | | cachexia/wasting syndrome,
muscular dystrophy,
severe | 12 | | fibromyalgia, spinal cord disease, including but not | 13 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 14 | | syringomyelia,
spinal cord injury,
traumatic brain injury | 15 | | and post-concussion syndrome,
Multiple Sclerosis,
| 16 | | Arnold-Chiari malformation & Syringomyelia,
| 17 | | Spinocerebellar Ataxia (SCA),
Parkinson's,
Tourette's,
| 18 | | Myoclonus,
Dystonia,
Reflex Sympathetic Dystrophy, RSD | 19 | | (Complex Regional Pain Syndromes Type I),
Causalgia, CRPS | 20 | | (Complex Regional Pain Syndromes Type II),
| 21 | | Neurofibromatosis,
Chronic Inflammatory Demyelinating | 22 | | Polyneuropathy,
Sjogren's syndrome,
Lupus,
Interstitial | 23 | | Cystitis,
Myasthenia Gravis,
Hydrocephalus,
nail-patella | 24 | | syndrome,
or the treatment of these conditions; or | 25 | | (2) any other debilitating medical condition or its | 26 | | treatment shall be added by the Department by rule as |
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| 1 | | provided for in Section 30. | 2 | | (e) "Department" means the Department of Public Health or | 3 | | its successor agency. | 4 | | (f) "Designated caregiver" means a person who: | 5 | | (1) is at least 21 years of age; | 6 | | (2) has agreed to assist with a patient's medical use | 7 | | of cannabis; | 8 | | (3) has not been convicted of an excluded offense; and | 9 | | (4) assists no more than one qualifying patient with | 10 | | his or her medical use of cannabis. | 11 | | (g) "Enclosed, locked facility" means a closet, room, | 12 | | greenhouse, building, or other enclosed area equipped with | 13 | | locks or other security devices that permit access only by a | 14 | | nonprofit medical cannabis organization's agents working for | 15 | | the registered nonprofit medical cannabis organization to | 16 | | cultivate the plants for a registered qualifying patient. | 17 | | (h) "Excluded offense" means: | 18 | | (1) a violent crime defined in Section 3 of the Rights | 19 | | of Crime Victims and Witnesses Act or a substantially | 20 | | similar offense that was classified as a felony in the | 21 | | jurisdiction where the person was convicted; or | 22 | | (2) a violation of a state or federal controlled | 23 | | substance law that was classified as a felony in the | 24 | | jurisdiction where the person was convicted, except that | 25 | | the Department shall waive this restriction if the person | 26 | | demonstrates to the Department's satisfaction that his or |
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| 1 | | her conviction was for the possession, cultivation, | 2 | | transfer, or delivery of a reasonable amount of cannabis | 3 | | intended for medical use. This exception shall not apply if | 4 | | the conviction was under state law and involved a violation | 5 | | of an existing medical cannabis law. | 6 | | (i) "Nonprofit medical cannabis organization agent" means | 7 | | a principal officer, board member, employee, or agent of a | 8 | | registered nonprofit medical cannabis organization who is 21 | 9 | | years of age or older and has not been convicted of an excluded | 10 | | offense. | 11 | | (j) "Nonprofit medical cannabis organization agent | 12 | | identification card" means a document issued by the Department | 13 | | that identifies a person as a nonprofit medical cannabis | 14 | | organization agent. | 15 | | (k) "Medical use" means the acquisition; administration; | 16 | | delivery; possession; transfer; transportation; or use of | 17 | | cannabis or paraphernalia relating to the administration of | 18 | | cannabis to treat or alleviate a registered qualifying | 19 | | patient's debilitating medical condition or symptoms | 20 | | associated with the patient's debilitating medical condition. | 21 | | (l) "Physician" means a doctor of medicine or doctor of | 22 | | osteopathy licensed under the Medical Practice Act of 1987 to | 23 | | practice medicine in all its branches who has the authority to | 24 | | prescribe drugs to humans under Article III of the Illinois | 25 | | Controlled Substances Act. It does not include a licensed | 26 | | practitioner under any other Act including but not limited to |
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| 1 | | the Illinois Dental Practice Act. In relation to a visiting | 2 | | qualifying patient, "physician" means a person who is licensed | 3 | | as a doctor of medicine or doctor of osteopathy who has | 4 | | authority to prescribe drugs to humans in the state of the | 5 | | patient's residence. | 6 | | (m) "Qualifying patient" means a person who has been | 7 | | diagnosed by a physician as having a debilitating medical | 8 | | condition. "Qualifying patient" does not include active public | 9 | | safety personnel. For the purposes of this Act, "active public | 10 | | safety personnel" means a person who is not off work due to a | 11 | | permanent or temporary disability and who is a non-retired: (1) | 12 | | law enforcement officer, (2) paramedic, (3) emergency medical | 13 | | technician, (4) firefighter, or (5) State or county | 14 | | correctional officer. | 15 | | (n) "Registered nonprofit medical cannabis organization" | 16 | | means a not-for-profit entity that: | 17 | | (1) is organized pursuant to the General Not for Profit | 18 | | Corporation Act of 1986 provided that it has not been | 19 | | formed by a for-profit entity organized under the laws of | 20 | | this or any other state; | 21 | | (2) is registered with the Department pursuant to | 22 | | Section 65; and | 23 | | (3) acquires, possesses, cultivates, manufactures, | 24 | | delivers, transfers, transports, sells, supplies, or | 25 | | dispenses cannabis, paraphernalia, or related supplies and | 26 | | educational materials to registered qualifying patients. |
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| 1 | | Nothing in this subsection (n) shall be construed as | 2 | | prohibiting a nonprofit medical cannabis organization from | 3 | | receiving payment for all expenses incurred in its operation. | 4 | | (o) "Registry identification card" means a document issued | 5 | | by the Department that identifies a person as a registered | 6 | | qualifying patient or registered designated caregiver. | 7 | | (p) "Usable cannabis" means the flowers of the cannabis | 8 | | plant and any mixture or preparation thereof, but does not | 9 | | include the seeds, stalks, and roots of the plant. It does not | 10 | | include the weight of any non-cannabis ingredients combined | 11 | | with cannabis, such as ingredients added to prepare a topical | 12 | | administration, food, or drink. | 13 | | (q) "Verification system" means a Web-based system | 14 | | established and maintained by the Department that is available | 15 | | to law enforcement personnel and nonprofit medical cannabis | 16 | | organization agents on a 24-hour basis for the verification of | 17 | | registry identification cards. | 18 | | (r) "Visiting qualifying patient" means a person who: | 19 | | (1) has been diagnosed with a debilitating medical | 20 | | condition; | 21 | | (2) possesses a valid registry identification card, or | 22 | | its equivalent, that was issued pursuant to the laws of | 23 | | another state, district, territory, commonwealth, insular | 24 | | possession of the United States, or country recognized by | 25 | | the United States that allows the person to use cannabis | 26 | | for medical purposes in the jurisdiction of issuance; and |
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| 1 | | (3) is not a resident of Illinois and has been visiting | 2 | | Illinois for 30 days or less or who has been a resident of | 3 | | Illinois for less than 30 days. | 4 | | (s) "Written certification" means a document dated and | 5 | | signed by a physician, stating (1) that in the physician's | 6 | | professional opinion the patient is likely to receive | 7 | | therapeutic or palliative benefit from the medical use of | 8 | | cannabis to treat or alleviate the patient's debilitating | 9 | | medical condition or symptoms associated with the debilitating | 10 | | medical condition; (2) that the qualifying patient has a | 11 | | debilitating medical condition and specifying what | 12 | | debilitating medical condition the qualifying patient has; and | 13 | | (3) that the patient is under the physician's care for the | 14 | | debilitating medical condition. A written certification shall | 15 | | be made only in the course of a bona fide physician-patient | 16 | | relationship, after the physician has completed an assessment | 17 | | of the qualifying patient's medical history upon a complete | 18 | | review of records related to the patient's debilitating | 19 | | condition and conducted a physical exam. A bona fide | 20 | | physician-patient relationship under this subsection is a | 21 | | privileged communication within the meaning of Section 8-802 of | 22 | | the Code of Civil Procedure. | 23 | | Section 15. Immunities and presumptions related to the | 24 | | medical use of cannabis. | 25 | | (a) A registered qualifying patient shall not be subject to |
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| 1 | | arrest, prosecution, or denial of any right or privilege, | 2 | | including but not limited to civil penalty or disciplinary | 3 | | action by an occupational or professional licensing board, for | 4 | | the medical use of cannabis in accordance with this Act, if the | 5 | | registered qualifying patient possesses an amount of cannabis | 6 | | that does not exceed an adequate supply as defined in | 7 | | subsection (a) of Section 10 of this Act of usable cannabis. | 8 | | (b) A registered designated caregiver shall not be subject | 9 | | to arrest, prosecution, or denial of any right or privilege, | 10 | | including but not limited to civil penalty or disciplinary | 11 | | action by an occupational or professional licensing board, for | 12 | | acting in accordance with this Act to assist a registered | 13 | | qualifying patient to whom he or she is connected through the | 14 | | Department's registration process with the medical use of | 15 | | cannabis if the designated caregiver possesses an amount of | 16 | | cannabis that does not exceed an adequate supply as defined in | 17 | | subsection (a) of Section 10 of this Act of usable cannabis. | 18 | | The total amount possessed between the qualifying patient and | 19 | | caregiver shall not exceed the patient's adequate supply as | 20 | | defined in subsection (a) of Section 10 of this Act. | 21 | | (c)(1) A visiting qualifying patient shall not be subject | 22 | | to arrest, prosecution, or denial of any right or privilege, | 23 | | including but not limited to civil penalty or disciplinary | 24 | | action by an occupational or professional licensing board, for | 25 | | the medical use of cannabis pursuant to this Act if the | 26 | | visiting qualifying patient does not possess more than an |
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| 1 | | adequate supply of usable cannabis. A visiting qualifying | 2 | | patient may not purchase cannabis from a nonprofit medical | 3 | | dispensary until he or she receives a written certification | 4 | | from an Illinois physician and an Illinois registry card as | 5 | | provided for under this Act. | 6 | | (2) If a person in possession of no more than an adequate | 7 | | supply of usable cannabis claims to be a visiting qualifying | 8 | | patient, but the law enforcement agent is not able to verify | 9 | | the registry identification card or its equivalent or that the | 10 | | person has been in the State for 30 days or less, the agent may | 11 | | issue the visiting qualifying patient a summons for possession | 12 | | of cannabis. The summons shall be dismissed if the person | 13 | | demonstrates his or her status as a visiting qualifying | 14 | | patient. | 15 | | (d) A registered qualifying patient, visiting qualifying | 16 | | patient, or registered designated caregiver shall not be | 17 | | subject to arrest, prosecution, or denial of any right or | 18 | | privilege, including but not limited to civil penalty or | 19 | | disciplinary action by a occupational or professional | 20 | | licensing board for possession of cannabis that is incidental | 21 | | to medical use, but is not usable cannabis as defined in this | 22 | | Act. | 23 | | (e)(1) There shall be a rebuttable presumption that a | 24 | | qualifying patient is engaged in, or a designated caregiver is | 25 | | assisting with, the medical use of cannabis in accordance with | 26 | | this Act if the qualifying patient or designated caregiver: |
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| 1 | | (A) is in possession of a valid registry identification | 2 | | card; and | 3 | | (B) is in possession of an amount of cannabis that does | 4 | | not exceed the amount allowed under subsection (a) of | 5 | | Section 10. | 6 | | (2) The presumption may be rebutted by evidence that | 7 | | conduct related to cannabis was not for the purpose of treating | 8 | | or alleviating the qualifying patient's debilitating medical | 9 | | condition or symptoms associated with the debilitating medical | 10 | | condition in compliance with this Act. | 11 | | (f) A physician shall not be subject to arrest, | 12 | | prosecution, or penalty in any manner, or denied any right or | 13 | | privilege, including but not limited to civil penalty or | 14 | | disciplinary action by the Medical Disciplinary Board or by any | 15 | | other occupational or professional licensing board, solely for | 16 | | providing written certifications or for otherwise stating | 17 | | that, in the physician's professional opinion, a patient is | 18 | | likely to receive therapeutic or palliative benefit from the | 19 | | medical use of cannabis to treat or alleviate the patient's | 20 | | debilitating medical condition or symptoms associated with the | 21 | | debilitating medical condition, provided that nothing shall | 22 | | prevent a professional licensing board from sanctioning a | 23 | | physician for: | 24 | | (1) issuing a written certification to a patient who is | 25 | | not under the physician's care for a debilitating medical | 26 | | condition; or |
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| 1 | | (2) failing to properly evaluate a patient's medical | 2 | | condition or otherwise violating the standard of care for | 3 | | evaluating medical conditions. | 4 | | (g) No person may be subject to arrest, prosecution, or | 5 | | denial of any right or privilege, including but not limited to | 6 | | civil penalty or disciplinary action by an occupational or | 7 | | professional licensing board, solely for: | 8 | | (1) selling cannabis paraphernalia to a cardholder | 9 | | upon presentation of an unexpired registry identification | 10 | | card in the recipient's name; | 11 | | (2) being in the presence or vicinity of the medical | 12 | | use of cannabis as allowed under this Act; or | 13 | | (3) assisting a registered qualifying patient with the | 14 | | act of administering cannabis. | 15 | | (h) A registered nonprofit medical cannabis organization | 16 | | shall not be subject to prosecution; search or inspection, | 17 | | except by the Department pursuant to subsection (r) of Section | 18 | | 85; seizure; or penalty in any manner, or be denied any right | 19 | | or privilege, including but not limited to civil penalty or | 20 | | disciplinary action by a business licensing board or entity, | 21 | | for acting pursuant to this Act and Department rules to: | 22 | | acquire, possess, cultivate, manufacture, deliver, transfer, | 23 | | transport, supply, sell, or dispense cannabis or related | 24 | | supplies and educational materials to registered qualifying | 25 | | patients who have designated the medical cannabis organization | 26 | | to provide for them, to registered designated caregivers on |
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| 1 | | behalf of the registered qualifying patients who have | 2 | | designated the registered nonprofit medical cannabis | 3 | | organization. | 4 | | (i) A nonprofit medical cannabis organization agent shall | 5 | | not be subject to prosecution, search, or penalty in any | 6 | | manner, or be denied any right or privilege, including but not | 7 | | limited to civil penalty or disciplinary action by a business | 8 | | licensing board or entity, for working or volunteering for a | 9 | | registered nonprofit medical cannabis organization pursuant to | 10 | | this Act and Department rules, including to perform the actions | 11 | | listed under subsection (h). | 12 | | (j) Any cannabis, cannabis paraphernalia, licit property, | 13 | | or interest in licit property that is possessed, owned, or used | 14 | | in connection with the medical use of cannabis as allowed under | 15 | | this Act, or acts incidental to such use, shall not be seized | 16 | | or forfeited. This Act shall not prevent the seizure or | 17 | | forfeiture of cannabis exceeding the amounts allowed under this | 18 | | Act, nor shall it prevent seizure or forfeiture if the basis | 19 | | for the action is unrelated to the cannabis that is possessed, | 20 | | manufactured, transferred, or used pursuant to this Act. | 21 | | (k) Mere possession of, or application for, a registry | 22 | | identification card or registration certificate shall not | 23 | | constitute probable cause or reasonable suspicion, nor shall it | 24 | | be used as the sole basis to support the search of the person, | 25 | | property, or home of the person possessing or applying for the | 26 | | registry identification card. The possession of, or |
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| 1 | | application for, a registry identification card shall not | 2 | | preclude the existence of probable cause if probable cause | 3 | | exists on other grounds. | 4 | | (l) Nothing in this Act shall preclude law enforcement from | 5 | | searching a registered nonprofit medical cannabis organization | 6 | | where there is probable cause to believe that the criminal laws | 7 | | of this State have been violated and the search is conducted in | 8 | | conformity with the Illinois Constitution and the Constitution | 9 | | of the United States. | 10 | | Section 20. Limitations and penalties. | 11 | | (a) This Act shall not permit any person to engage in, and | 12 | | does not prevent the imposition of any civil, criminal, or | 13 | | other penalties for engaging in, the following conduct: | 14 | | (1) Undertaking any task under the influence of | 15 | | cannabis, when doing so would constitute negligence or | 16 | | professional malpractice; | 17 | | (2) Possessing cannabis, or otherwise engaging in the | 18 | | medical use of cannabis: | 19 | | (A) in a school bus; | 20 | | (B) on the grounds of any preschool or primary or | 21 | | secondary school; or | 22 | | (C) in any correctional facility. | 23 | | (3) Smoking cannabis: | 24 | | (A) on any form of public transportation; or | 25 | | (B) in any public place. |
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| 1 | | (4) Operating, navigating, or being in actual physical | 2 | | control of any motor vehicle, aircraft, or motorboat while | 3 | | under the influence of cannabis in violation of Sections | 4 | | 11-501 and 11-501.9 of the Illinois Vehicle Code. | 5 | | (5) Using cannabis if that person does not have a | 6 | | debilitating medical condition. | 7 | | (6) Allowing any person who is not allowed to use | 8 | | cannabis under this Act to use cannabis that a cardholder | 9 | | is allowed to possess pursuant to this Act. | 10 | | (7) Transferring cannabis to any person contrary to the | 11 | | provisions of this Act. | 12 | | (b) Nothing in this Act shall be construed to prevent the | 13 | | arrest or prosecution of a registered qualifying patient for | 14 | | reckless driving or driving under the influence of cannabis | 15 | | where probable cause exists. | 16 | | (c) Notwithstanding all other criminal penalties related | 17 | | to the unlawful possession of cannabis, fraudulent | 18 | | representation to a law enforcement official of any fact or | 19 | | circumstance relating to the medical use of cannabis to avoid | 20 | | arrest or prosecution is a petty offense punishable by a fine | 21 | | of up to $1,000, which shall be in addition to any other | 22 | | penalties that may apply for making a false statement or for | 23 | | the use of cannabis other than use undertaken pursuant to this | 24 | | Act. | 25 | | (d) Notwithstanding all other criminal penalties related | 26 | | to the unlawful possession of cannabis, any person who |
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| 1 | | fraudulently represents a medical condition to a physician or | 2 | | fraudulently provides material misinformation to a physician | 3 | | in order to obtain written certification is guilty of a petty | 4 | | offense punishable by a fine of up to $1,000. | 5 | | (e) Any cardholder or registered caregiver who sells | 6 | | cannabis shall have his or her registry identification card | 7 | | revoked and shall be subject to other penalties for the | 8 | | unauthorized sale of cannabis. | 9 | | (f) Any registered qualifying patient who commits a | 10 | | violation of Section 11-501.9 of the Illinois Vehicle Code or | 11 | | refuses a properly requested test related to operating a motor | 12 | | vehicle while under the influence of cannabis shall have his or | 13 | | her registry identification card revoked. | 14 | | (g) No registered qualifying patient or designated | 15 | | caregiver shall knowingly obtain, seek to obtain, or possess, | 16 | | individually or collectively, an amount of usable cannabis from | 17 | | a registered nonprofit medical cannabis organization that | 18 | | would cause him or her to exceed the authorized adequate supply | 19 | | under subsection (a) of Section 10. | 20 | | Section 25. Discrimination prohibited. | 21 | | (a)(1) No school, employer, or landlord may refuse to | 22 | | enroll or lease to, or otherwise penalize, a person solely for | 23 | | his or her status as a registered qualifying patient or a | 24 | | registered designated caregiver, unless failing to do so would | 25 | | put the school, employer, or landlord in violation of federal |
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| 1 | | law or unless failing to do so would cause it to lose a | 2 | | monetary or licensing-related benefit under federal law or | 3 | | rules. This shall not prevent a landlord from prohibiting the | 4 | | smoking of cannabis on the premises. | 5 | | (2) For the purposes of medical care, including organ | 6 | | transplants, a registered qualifying patient's authorized use | 7 | | of cannabis in accordance with this Act shall be considered the | 8 | | equivalent of the authorized use of any other medication used | 9 | | at the direction of a physician, and shall not constitute the | 10 | | use of an illicit substance or otherwise disqualify a | 11 | | qualifying patient from needed medical care. | 12 | | (b) A person otherwise entitled to custody of or visitation | 13 | | or parenting time with a minor shall not be denied such a | 14 | | right, and there shall be no presumption of neglect or child | 15 | | endangerment, for conduct allowed under this Act, unless the | 16 | | person's actions in relation to cannabis were such that they | 17 | | created an unreasonable danger to the safety of the minor as | 18 | | established by clear and convincing evidence. | 19 | | (c) No school, landlord, or employer may be penalized or | 20 | | denied any benefit under state law for enrolling, leasing to, | 21 | | or employing a cardholder. | 22 | | (d) Nothing in this Act may be construed to require a | 23 | | government medical assistance program or private health | 24 | | insurer to reimburse a person for costs associated with the | 25 | | medical use of cannabis. | 26 | | (e) Nothing in this Act may be construed to require any |
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| 1 | | person or establishment in lawful possession of property to | 2 | | allow a guest, client, customer, or visitor to smoke cannabis | 3 | | on or in that property.
| 4 | | Section 30. Addition of debilitating medical conditions. | 5 | | Any citizen may petition the Department to add debilitating | 6 | | conditions or treatments to the list of debilitating medical | 7 | | conditions listed in subsection (d) of Section 10. The | 8 | | Department shall consider petitions in the manner required by | 9 | | Department rule, including public notice and hearing. The | 10 | | Department shall approve or deny a petition within 180 days of | 11 | | its submission, and, upon approval, shall proceed to add such | 12 | | condition by rule. The approval or denial of any petition is a | 13 | | final decision of the Department, subject to judicial review. | 14 | | Jurisdiction and venue are vested in the Circuit Court. | 15 | | Section 35. Employment; employer liability. | 16 | | (a) Nothing in this Act shall prohibit an employer from | 17 | | adopting reasonable regulations concerning the consumption, | 18 | | storage, or timekeeping requirements for qualifying patients | 19 | | related to the use of medical cannabis. | 20 | | (b) Nothing in this Act shall prohibit an employer from | 21 | | enforcing a policy concerning drug testing, zero-tolerance, or | 22 | | a drug free workplace provided such policy is applied in a | 23 | | nondiscriminatory manner. | 24 | | (c) Nothing in this Act shall limit an employer from |
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| 1 | | disciplining a qualifying patient for violating a workplace | 2 | | drug policy. | 3 | | (d) Nothing in this Act shall limit an employer's ability | 4 | | to discipline an employee for failing a drug test if failing to | 5 | | do so would put the employer in violation of federal law or | 6 | | cause it to lose a federal contract or funding. | 7 | | (e) Nothing in this Act shall be construed to create a | 8 | | defense for a third party who fails a drug test. | 9 | | (f) An employer may consider a qualifying patient to be | 10 | | impaired when he or she manifests specific, articulable | 11 | | symptoms while working that decrease or lessen his or her | 12 | | performance of the duties or tasks of the employee's job | 13 | | position, including symptoms of the employee's speech, | 14 | | physical dexterity, agility, coordination, demeanor, | 15 | | irrational or unusual behavior, negligence or carelessness in | 16 | | operating equipment or machinery, disregard for the safety of | 17 | | the employee or others, or involvement in an accident that | 18 | | results in serious damage to equipment or property, disruption | 19 | | of a production or manufacturing process, or carelessness that | 20 | | results in any injury to the employee or others. If an employer | 21 | | elects to discipline a qualifying patient under this | 22 | | subsection, it must afford the employee a reasonable | 23 | | opportunity to contest the basis of the determination. | 24 | | (g) Notwithstanding subsection (b), an employer may | 25 | | presume a registered qualifying patient to be impaired where | 26 | | the level of cannabis in the person's blood or urine is greater |
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| 1 | | than the limits set for in subsection (b) of Section 11-501.9 | 2 | | of the Illinois Vehicle Code. | 3 | | (h) Nothing in this Act shall be construed to create or | 4 | | imply a cause of action for any person against an employer for: | 5 | | (1) actions based on the employer's good faith belief | 6 | | that a registered qualifying patient used or possessed | 7 | | cannabis while on the employer's premises or during the | 8 | | hours of employment; | 9 | | (2) actions based on the employer's good faith belief | 10 | | that a registered qualifying patient was impaired while | 11 | | working on the employer's premises during the hours of | 12 | | employment; | 13 | | (3) injury or loss to a third party so long as the | 14 | | employer neither knew nor had reason to know that the | 15 | | employee was impaired. | 16 | | (i) Nothing in this Act shall be construed to interfere | 17 | | with any federal restrictions on employment including but not | 18 | | limited to the United States Department of Transportation | 19 | | regulation 49 CFR 40.151(e).
| 20 | | Section 40. Registration of qualifying patients and | 21 | | designated caregivers. | 22 | | (a) The Department shall issue registry identification | 23 | | cards to qualifying patients who submit the following, in | 24 | | accordance with the Department's rules: | 25 | | (1) a written certification, on a form developed by the |
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| 1 | | Department and issued by a physician, within 90 days | 2 | | immediately preceding the date of an application; | 3 | | (2) upon the execution of applicable privacy waivers, | 4 | | the patient's medical documentation related to his or her | 5 | | debilitating condition and any other information that may | 6 | | be reasonably required by the Department to confirm that | 7 | | the physician and patient have a bona fide | 8 | | physician-patient relationship, that the qualifying | 9 | | patient is in the physician's care for his or her | 10 | | debilitating medical condition, and to substantiate the | 11 | | patient's diagnosis; | 12 | | (3) the application or renewal fee; | 13 | | (4) the name, address, and date of birth of the | 14 | | qualifying patient, except that if the applicant is | 15 | | homeless no address is required; | 16 | | (5) the name, address, and telephone number of the | 17 | | qualifying patient's physician; | 18 | | (6) the name, address, and date of birth of the | 19 | | designated caregiver, if any, chosen by the qualifying | 20 | | patient; | 21 | | (7) the name of the registered nonprofit medical | 22 | | cannabis organization the qualifying patient designates; | 23 | | and | 24 | | (8) signed statements from the patient and designated | 25 | | caregiver asserting that they will not divert medical | 26 | | cannabis. |
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| 1 | | Section 45. Issuance of registry identification cards. | 2 | | (a) Except as provided in subsection (b), the Department | 3 | | shall: | 4 | | (1) Verify the information contained in an application | 5 | | or renewal submitted pursuant to this Act, and approve or | 6 | | deny an application or renewal, within 30 days of receiving | 7 | | a completed application or renewal application. | 8 | | (2) Issue registry identification cards to a | 9 | | qualifying patient and his or her designated caregiver, if | 10 | | any, within 5 days of approving the application or renewal. | 11 | | (3) Enter the registry identification number of the | 12 | | registered nonprofit medical cannabis organization the | 13 | | patient designates into the verification system. | 14 | | (b) The Department shall not issue a registry | 15 | | identification card to a qualifying patient who is younger than | 16 | | 18 years of age unless: | 17 | | (1) the qualifying patient's physician has explained | 18 | | the potential risks and benefits of the medical use of | 19 | | cannabis to the custodial parent or legal guardian with | 20 | | responsibility for health care decisions for the | 21 | | qualifying patient; and | 22 | | (2) the custodial parent or legal guardian with | 23 | | responsibility for health care decisions for the | 24 | | qualifying patient consents in writing to: | 25 | | (A) allow the qualifying patient's medical use of |
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| 1 | | cannabis; | 2 | | (B) serve as the qualifying patient's designated | 3 | | caregiver; and | 4 | | (C) control the acquisition of the cannabis, the | 5 | | dosage, and the frequency of the medical use of | 6 | | cannabis by the qualifying patient. | 7 | | (c) The registry identification card of or its equivalent | 8 | | that is issued under the laws of another state, district, | 9 | | territory, commonwealth, or insular possession of the United | 10 | | States that allows that visiting qualifying patient to possess | 11 | | or use medical cannabis shall not authorize a visiting | 12 | | qualifying patient to obtain cannabis from a registered | 13 | | nonprofit medical cannabis dispensary. | 14 | | (d) A veteran who has received treatment at a VA hospital | 15 | | may have a bona fide physician-patient relationship so long as | 16 | | the doctor has taken over an aspect of care related to the | 17 | | debilitating condition and the patient meets all other | 18 | | statutory requirements. All reasonable inferences regarding | 19 | | the existence of a bona fide physician-patient relationship | 20 | | shall be drawn in favor of any applicant who is a veteran and | 21 | | has undergone treatment at a VA hospital. | 22 | | (e) Upon the approval of the registration and issuance of a | 23 | | registry card under this Section, the Department shall forward | 24 | | the patient's drivers license number to the Secretary of State | 25 | | and certify that the individual is permitted to engage in the | 26 | | medical use of cannabis. For the purposes of law enforcement, |
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| 1 | | the Secretary of State shall make a notation on the person's | 2 | | driving record stating the person is a qualifying patient who | 3 | | is entitled to the lawful medical use of cannabis. If the | 4 | | person no longer holds a valid registry card, the Department | 5 | | shall notify the Secretary of State and the Secretary of State | 6 | | shall remove the notation from the person's driving record. The | 7 | | Department and the Secretary of State may establish a system by | 8 | | which such information may be shared electronically. | 9 | | Section 50. Denial of registry identification cards. | 10 | | (a) The Department may deny an application or renewal of a | 11 | | qualifying patient's registry identification card only if the | 12 | | applicant: | 13 | | (1) did not provide the required information and | 14 | | materials; | 15 | | (2) previously had a registry identification card | 16 | | revoked; | 17 | | (3) did not meet the requirements of this Act; or | 18 | | (4) provided false or falsified information. | 19 | | (b) The Department may deny an application or renewal for a | 20 | | designated caregiver chosen by a qualifying patient whose | 21 | | registry identification card was granted only if: | 22 | | (1) the designated caregiver does not meet the | 23 | | requirements of subsection (f) of Section 10; | 24 | | (2) the applicant did not provide the information | 25 | | required; |
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| 1 | | (3) the prospective patient's application was denied; | 2 | | (4) the designated caregiver previously had a registry | 3 | | identification card revoked; or | 4 | | (5) the applicant or the designated caregiver provided | 5 | | false or falsified information. | 6 | | (c) The Department shall conduct a background check of the | 7 | | prospective designated caregiver in order to carry out this | 8 | | provision. Each person applying as a designated caregiver shall | 9 | | submit a full set of fingerprints to the Department for the | 10 | | purpose of obtaining a state and federal criminal records | 11 | | check. The Department may exchange this data with the Federal | 12 | | Bureau of Investigation without disclosing that the records | 13 | | check is related to this Act. The Department shall destroy each | 14 | | set of fingerprints after the criminal records check is | 15 | | completed. | 16 | | (d) The Department shall notify the qualifying patient who | 17 | | has designated someone to serve as his or her designated | 18 | | caregiver if a registry identification card will not be issued | 19 | | to the designated caregiver. | 20 | | (e) Denial of an application or renewal is considered a | 21 | | final Department action, subject to judicial review. | 22 | | Jurisdiction and venue for judicial review are vested in the | 23 | | Circuit Court. | 24 | | Section 55. Registry identification cards. A qualifying | 25 | | patient or designated caregiver must keep their registry |
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| 1 | | identification card in their possession at all times when | 2 | | engaging in the medical use of cannabis. | 3 | | (a) Registry identification cards shall contain all of the | 4 | | following: | 5 | | (1) the name of the cardholder; | 6 | | (2) a designation of whether the cardholder is a | 7 | | designated caregiver or qualifying patient; | 8 | | (3) the date of issuance and expiration date of the | 9 | | registry identification card; | 10 | | (4) a random 10-digit alphanumeric identification | 11 | | number, containing at least 4 numbers and at least 4 | 12 | | letters, that is unique to the cardholder; | 13 | | (5) if the cardholder is a designated caregiver, the | 14 | | random 10-digit alphanumeric identification number of the | 15 | | qualifying patient the designated caregiver is receiving | 16 | | the registry identification card to assist; and | 17 | | (6) a photograph of the cardholder, if the Department's | 18 | | rules require one. | 19 | | (b) Except as provided in this subsection, the expiration | 20 | | date shall be one year after the date of issuance. | 21 | | (c) The Department may, at its discretion, electronically | 22 | | store in the card any or all of the information listed in | 23 | | subsection (a), along with the address and date of birth of the | 24 | | cardholder, to allow it to be read by law enforcement agents. | 25 | | Section 60. Notifications to Department and responses; |
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| 1 | | civil penalty. | 2 | | (a) The following notifications and Department responses | 3 | | are required: | 4 | | (1) A registered qualifying patient shall notify the | 5 | | Department of any change in his or her name or address, or | 6 | | if the registered qualifying patient ceases to have his or | 7 | | her debilitating medical condition, within 10 days of the | 8 | | change. | 9 | | (2) A registered designated caregiver shall notify the | 10 | | Department of any change in his or her name or address, or | 11 | | if the designated caregiver becomes aware the qualifying | 12 | | patient passed away, within 10 days of the change. | 13 | | (3) Before a registered qualifying patient changes his | 14 | | or her designated caregiver, the qualifying patient must | 15 | | notify the Department. | 16 | | (4) If a cardholder loses his or her registry | 17 | | identification card, he or she shall notify the Department | 18 | | within 10 days of becoming aware the card has been lost. | 19 | | (b) When a cardholder notifies the Department of items | 20 | | listed in subsection (a), but remains eligible under this Act, | 21 | | the Department shall issue the cardholder a new registry | 22 | | identification card with a new random 10-digit alphanumeric | 23 | | identification number within 10 days of receiving the updated | 24 | | information and a $20 fee. If the person notifying the | 25 | | Department is a registered qualifying patient, the Department | 26 | | shall also issue his or her registered designated caregiver, if |
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| 1 | | any, a new registry identification card within 10 days of | 2 | | receiving the updated information. | 3 | | (c) If a registered qualifying patient ceases to be a | 4 | | registered qualifying patient or changes his or her registered | 5 | | designated caregiver, the Department shall promptly notify the | 6 | | designated caregiver. The registered designated caregiver's | 7 | | protections under this Act as to that qualifying patient shall | 8 | | expire 15 days after notification by the Department. | 9 | | (d) A cardholder who fails to make a notification to the | 10 | | Department that is required by this Section is subject to a | 11 | | civil infraction, punishable by a penalty of no more than $150. | 12 | | (e) A registered qualifying patient shall notify the | 13 | | Department before changing his or her designated registered | 14 | | nonprofit medical cannabis organization and pay a $20 fee. The | 15 | | Department must, within 5 business days of receiving the | 16 | | notification, update the registered qualifying patient's entry | 17 | | in the identification registry system to reflect the change in | 18 | | designation and notify the patient that the change has been | 19 | | processed. | 20 | | (f) If the registered qualifying patient's certifying | 21 | | physician notifies the Department in writing that either the | 22 | | registered qualifying patient has ceased to suffer from a | 23 | | debilitating medical condition or that the physician no longer | 24 | | believes the patient would receive therapeutic or palliative | 25 | | benefit from the medical use of cannabis, the card shall become | 26 | | null and void. However, the registered qualifying patient shall |
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| 1 | | have 15 days to destroy his or her remaining medical cannabis | 2 | | and related paraphernalia. | 3 | | Section 65. Registration of nonprofit medical cannabis | 4 | | organization. | 5 | | (a) Nonprofit medical cannabis organizations may only | 6 | | operate if they have been issued a valid registration | 7 | | certificate from the Department. When applying for a nonprofit | 8 | | medical cannabis organization registration certificate, the | 9 | | applicant shall submit the following in accordance with | 10 | | Department rules: | 11 | | (1) A $5,000 non-refundable application fee and a | 12 | | $20,000 certificate fee for those applicants selected by | 13 | | the Department to receive a nonprofit medical cannabis | 14 | | organization registration certificate. Such fees may be | 15 | | adjusted subject to the discretion of the Department in | 16 | | order to adequately fund the implementation and | 17 | | enforcement of this Act. | 18 | | (2) The proposed legal name of the medical cannabis | 19 | | organization. | 20 | | (3) The proposed physical address of the medical | 21 | | cannabis organization. | 22 | | (4) If the nonprofit medical cannabis organization | 23 | | proposes a location that is different than the location | 24 | | listed in paragraph (3) where cannabis will be cultivated, | 25 | | harvested, packaged, labeled, or otherwise prepared for |
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| 1 | | distribution by the nonprofit medical cannabis | 2 | | organization, the physical address of that location. | 3 | | However, approval for operation at a location under this | 4 | | Section that is different than the location listed in | 5 | | paragraph (3) requires a variance to be issued subject to | 6 | | the discretion of the Department. In such case where a | 7 | | variance is granted, by no means shall more than one | 8 | | separate location be granted per each individual medical | 9 | | cannabis organization registration certificate. | 10 | | (5) The name, address, and date of birth of each | 11 | | principal officer and board member of the medical cannabis | 12 | | organization, provided that all such individuals shall be | 13 | | at least 21 years of age. | 14 | | (6) Any instances in which a business or not-for-profit | 15 | | that any of the prospective board members managed or served | 16 | | on the board of was convicted, fined, censured, or had a | 17 | | registration or license suspended or revoked in any | 18 | | administrative or judicial proceeding. | 19 | | (7) Proposed operating by-laws that include procedures | 20 | | for the oversight of the nonprofit medical cannabis | 21 | | organization and procedures to ensure accurate record | 22 | | keeping and security measures that are in accordance with | 23 | | the rules issued by the Department pursuant to this Act. | 24 | | The by-laws shall include a description of the enclosed, | 25 | | locked facility where medical cannabis will be grown, | 26 | | cultivated, harvested, packaged, labeled, or otherwise |
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| 1 | | prepared for distribution by the medical cannabis | 2 | | organization. | 3 | | (8) Signed statements from each nonprofit medical | 4 | | cannabis organization agent stating that they will not | 5 | | divert medical cannabis. | 6 | | (9) The Department shall conduct a background check of | 7 | | the prospective nonprofit medical cannabis organization | 8 | | agents in order to carry out this provision. Each person | 9 | | applying as a nonprofit medical cannabis organization | 10 | | agent shall submit a full set of fingerprints to the | 11 | | department for the purpose of obtaining a state and federal | 12 | | criminal records check. The Department may exchange this | 13 | | data with the Federal Bureau of Investigation without | 14 | | disclosing that the records check is related to this Act. | 15 | | The Department shall destroy each set of fingerprints after | 16 | | the criminal records check is completed. | 17 | | (b) An application for a medical cannabis organization | 18 | | registration certificate must be denied if any of the following | 19 | | conditions are met: | 20 | | (A) the applicant failed to submit the materials | 21 | | required by this Section, including if the applicant's | 22 | | plans do not satisfy the security, oversight, or | 23 | | recordkeeping rules issued by the Department; | 24 | | (B) the applicant would not be in compliance with local | 25 | | zoning rules issued in accordance with Section 80; | 26 | | (C) the applicant does not meet the requirements of |
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| 1 | | Section 90; | 2 | | (D) one or more of the prospective principal officers | 3 | | or board members has been convicted of an excluded offense; | 4 | | (E) one or more of the prospective principal officers | 5 | | or board members has served as a principal officer or board | 6 | | member for a registered nonprofit medical cannabis | 7 | | organization that has had its registration certificate | 8 | | revoked; and | 9 | | (F) one or more of the principal officers or board | 10 | | members is younger than 21 years of age. | 11 | | (c) After a medical cannabis organization is approved, but | 12 | | before it begins operations, it shall submit its physical | 13 | | address if the address was not finalized when it applied. | 14 | | (d) When issuing a medical cannabis organization | 15 | | registration certificate, the Department shall also issue a | 16 | | renewable registration certificate with an identification | 17 | | number. | 18 | | (e) The Department may approve no more than one application | 19 | | for a medical cannabis organization registration certificate | 20 | | for operation within any single Illinois State Senate district | 21 | | as determined by the districts that were in existence as of | 22 | | January 1, 2011. | 23 | | Section 70. Nonprofit medical cannabis organization agent | 24 | | identification cards. | 25 | | (a) A nonprofit medical cannabis organization agent must |
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| 1 | | keep his or her identification card in their possession at all | 2 | | times when engaging in the medical use of cannabis related to | 3 | | dispensary operations. | 4 | | (b) Nonprofit medical cannabis organization agent | 5 | | identification cards shall contain all of the following: | 6 | | (1) the name of the cardholder; | 7 | | (2) a designation the cardholder is a nonprofit medical | 8 | | cannabis organization agent; | 9 | | (3) the date of issuance and expiration date of the | 10 | | nonprofit medical cannabis organization agent | 11 | | identification cards; | 12 | | (4) a random 10-digit alphanumeric identification | 13 | | number, containing at least four numbers and at least four | 14 | | letters, that is unique to the cardholder; and | 15 | | (5) a photograph of the cardholder, if the Department's | 16 | | rules require one. | 17 | | Section 75. Nonprofit medical cannabis organization | 18 | | certification renewal. Registration certificates may be | 19 | | renewed subject to the rule of the Department. The registered | 20 | | nonprofit medical cannabis organization may submit a renewal | 21 | | application beginning 90 days prior to the expiration of its | 22 | | registration certificate. The Department shall grant a renewal | 23 | | application within 45 days of its submission if the following | 24 | | conditions are all satisfied: | 25 | | (a) The registered nonprofit medical cannabis organization |
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| 1 | | submits a renewal application and the required renewal fee, | 2 | | which shall be refunded within 60 days if the renewal | 3 | | application is rejected. In such cases where a registration | 4 | | certificate has been issued to that nonprofit medical cannabis | 5 | | organization pursuant to Section 65, a $25,000 fee in year 2 of | 6 | | its operation and a $5,000 fee in year 3 of its operation shall | 7 | | be required for the renewal of the registration certificate. | 8 | | Such fees may be adjusted subject to the discretion of the | 9 | | Department in order to adequately fund the implementation and | 10 | | enforcement of this Act.
| 11 | | (b) The Department has not suspended the registered | 12 | | nonprofit medical cannabis organization or registration | 13 | | certificate for violations of this Act or rules adopted | 14 | | pursuant to this Act. | 15 | | (c) The inspections authorized by subsection (r) of Section | 16 | | 85 and the input the Department received from stakeholders | 17 | | pursuant to subsection (b) of Section 105 do not raise serious | 18 | | and credible concerns about the continued operation of the | 19 | | registered nonprofit medical cannabis organization or applying | 20 | | for renewal. | 21 | | Section 80. Local ordinances. A unit of local government | 22 | | may enact reasonable zoning ordinances or resolutions, not in | 23 | | conflict with this Act or with Department rules, regulating | 24 | | registered nonprofit medical cannabis organizations. No unit | 25 | | of local government, including a home rule unit, or school |
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| 1 | | district may regulate registered nonprofit medical cannabis | 2 | | organizations other than as provided in this Act. This Section | 3 | | is a denial and limitation under subsection (i) of Section 6 of | 4 | | Article VII of the Illinois Constitution on the concurrent | 5 | | exercise by home rule units of powers and functions exercised | 6 | | by the State. | 7 | | Section 85. Requirements; prohibitions; penalties. | 8 | | (a) The operating documents of a registered nonprofit | 9 | | medical cannabis organization shall include procedures for the | 10 | | oversight of the registered nonprofit medical cannabis | 11 | | organization and procedures to ensure accurate recordkeeping. | 12 | | (b) A registered nonprofit medical cannabis organization | 13 | | shall implement appropriate security measures to deter and | 14 | | prevent the theft of cannabis and unauthorized entrance into | 15 | | areas containing cannabis. | 16 | | (c) A registered nonprofit medical cannabis organization | 17 | | may not be located within 2,500 feet of the property line of a | 18 | | pre-existing public or private preschool or elementary or | 19 | | secondary school or day care center, day care home, group day | 20 | | care home, or part day child care facility. A registered | 21 | | medical cannabis organization shall not be located in a house, | 22 | | apartment, condominium, or any other residential dwelling. | 23 | | (d) A registered nonprofit medical cannabis organization | 24 | | is prohibited from acquiring, possessing, cultivating, | 25 | | manufacturing, delivering, transferring, transporting, |
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| 1 | | supplying, or dispensing cannabis for any purpose except to | 2 | | assist registered qualifying patients with the medical use of | 3 | | cannabis directly or through the qualifying patients' | 4 | | designated caregivers. | 5 | | (e) All cultivation of cannabis for registered nonprofit | 6 | | medical cannabis organizations must take place in an enclosed, | 7 | | locked location at the physical address or addresses provided | 8 | | to the Department during the registration process. The | 9 | | cultivation location can only be accessed by medical cannabis | 10 | | organization agents working for the registered nonprofit | 11 | | medical cannabis organization, Department staff performing | 12 | | inspections, law enforcement or other emergency personnel, and | 13 | | contractors working on jobs unrelated to medical cannabis, such | 14 | | as installing or maintaining security devices or performing | 15 | | electrical wiring. | 16 | | (f) A nonprofit medical cannabis organization may not | 17 | | obtain cannabis from outside the State of Illinois, except that | 18 | | a nonprofit medical cannabis organization may lawfully | 19 | | purchase cannabis seeds outside of the State of Illinois once | 20 | | upon the initial approval of its application under Section 65. | 21 | | (g) A registered nonprofit medical cannabis organization | 22 | | shall not dispense more than 2.5 ounces of cannabis to a | 23 | | registered qualifying patient, directly or via a designated | 24 | | caregiver, in any 14-day period unless the qualifying patient | 25 | | has a Department approved quantity variance. | 26 | | (h) Before cannabis may be dispensed to a designated |
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| 1 | | caregiver or a registered qualifying patient, a nonprofit | 2 | | medical cannabis organization agent must determine that the | 3 | | individual is a current cardholder in the verification system | 4 | | and must verify each of the following: | 5 | | (1) that the registry identification card presented to | 6 | | the registered nonprofit medical cannabis organization is | 7 | | valid; | 8 | | (2) that the person presenting the card is the person | 9 | | identified on the registry identification card presented | 10 | | to the medical cannabis organization agent; | 11 | | (3) that the registered nonprofit medical cannabis | 12 | | organization is the designated medical cannabis | 13 | | organization for the registered qualifying patient who is | 14 | | obtaining the cannabis directly or via his or her | 15 | | designated caregiver; and | 16 | | (4) that the qualifying patient has not exceeded his or | 17 | | her adequate supply. | 18 | | (i) Registered nonprofit medical cannabis organizations | 19 | | shall ensure compliance with this limitation by maintaining | 20 | | internal, confidential records that include records specifying | 21 | | how much cannabis is being dispensed to the registered | 22 | | qualifying patient and whether it was dispensed directly to the | 23 | | registered qualifying patient or to the designated caregiver. | 24 | | Each entry must include the date and time the cannabis was | 25 | | dispensed. | 26 | | (j) The physician-patient privilege as set forth by Section |
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| 1 | | 8-802 of the Code of Civil Procedure shall apply between a | 2 | | qualifying patient and a registered nonprofit medical cannabis | 3 | | organization and its agents with respect to communications and | 4 | | records concerning qualifying patients' debilitating | 5 | | conditions. | 6 | | (k) A nonprofit medical cannabis organization shall not | 7 | | permit any person to consume cannabis on the property of a | 8 | | nonprofit medical cannabis organization. | 9 | | (l) A registered nonprofit medical cannabis organization | 10 | | shall not share office space with or refer patients to a | 11 | | physician. | 12 | | (m) A physician shall not refer patients to a registered | 13 | | nonprofit medical cannabis organization or registered | 14 | | designated caregiver, advertise in a registered nonprofit | 15 | | medical cannabis organization, or, if the physician issues | 16 | | written certifications, hold any financial interest in a | 17 | | registered nonprofit medical cannabis organization. | 18 | | (n) No person who has been convicted of an excluded offense | 19 | | may be a nonprofit medical cannabis organization agent. | 20 | | (o) Notwithstanding all other criminal penalties related | 21 | | to the unlawful possession of cannabis, the Department may | 22 | | issue a civil fine of up to $3,000 for violations of this | 23 | | Section. | 24 | | (p) The Department may suspend or revoke a registration | 25 | | certificate for violations of this Act and rules issued in | 26 | | accordance with this Section. |
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| 1 | | (q) The suspension or revocation of a certificate is a | 2 | | final Department action, subject to judicial review. | 3 | | Jurisdiction and venue for judicial review are vested in the | 4 | | Circuit Court. | 5 | | (r) Registered nonprofit medical cannabis organizations | 6 | | are subject to random inspection and cannabis testing by | 7 | | Department rules. | 8 | | Section 90. Confidentiality. | 9 | | (a) The following information received and records kept by | 10 | | Department rules for purposes of administering this Act are | 11 | | subject to all applicable federal privacy laws, confidential, | 12 | | and exempt from the Freedom of Information Act, and not subject | 13 | | to disclosure to any individual or public or private entity, | 14 | | except as necessary for authorized employees of the Department | 15 | | to perform official duties pursuant to this Act: | 16 | | (1) Applications and renewals, their contents, and | 17 | | supporting information submitted by qualifying patients | 18 | | and designated caregivers, including information regarding | 19 | | their designated caregivers and physicians. | 20 | | (2) Applications and renewals, their contents, and | 21 | | supporting information submitted by or on behalf of | 22 | | nonprofit medical cannabis organizations in compliance | 23 | | with this Act, including their physical addressees. | 24 | | (3) The individual names and other information | 25 | | identifying persons to whom the Department has issued |
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| 1 | | registry identification cards. | 2 | | (4) Any dispensing information required to be kept | 3 | | under Section 85 or Department rules shall identify | 4 | | cardholders and registered nonprofit medical cannabis | 5 | | organizations by their registry identification numbers and | 6 | | not contain names or other personally identifying | 7 | | information. | 8 | | (5) All medical records provided to the Department in | 9 | | connection with an application for a registry card. | 10 | | (b) Nothing in this Section precludes the following: | 11 | | (1) Department employees may notify law enforcement | 12 | | about falsified or fraudulent information submitted to the | 13 | | Department if the employee who suspects that falsified or | 14 | | fraudulent information has been submitted conferred with | 15 | | his or her supervisor and both agree that circumstances | 16 | | exist that warrant reporting. | 17 | | (2) If the employee conferred with his or her | 18 | | supervisor and both agree that circumstances exist that | 19 | | warrant reporting, Department employees may notify the | 20 | | Medical Disciplinary Board if there is reasonable cause to | 21 | | believe a physician: | 22 | | (A) issued a written certification without a bona | 23 | | fide physician-patient relationship; | 24 | | (B) issued a written certification to a person who | 25 | | was not under the physician's care for the debilitating | 26 | | medical condition; or |
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| 1 | | (C) failed to abide by the standard of care when | 2 | | evaluating medical conditions. | 3 | | (3) The Department may notify State or local law | 4 | | enforcement about apparent criminal violations of this Act | 5 | | if the employee who suspects the offense has conferred with | 6 | | his or her supervisor and both agree that circumstances | 7 | | exist that warrant reporting. | 8 | | (4) Nonprofit medical cannabis organization agents may | 9 | | notify the Department of a suspected violation or attempted | 10 | | violation of this Act or the rules issued pursuant to it. | 11 | | (5) The Department may verify registry identification | 12 | | cards pursuant to Section 95. | 13 | | (6) The submission of the report to the General | 14 | | Assembly under Section 100. | 15 | | (c) It is a Class B misdemeanor with a $1,000 fine for any | 16 | | person, 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 Act. | 19 | | Section 95. Registry identification and registration | 20 | | certificate verification. | 21 | | (a) The Department shall maintain a confidential list of | 22 | | the persons to whom the Department has issued registry | 23 | | identification cards and their addresses, phone numbers, and | 24 | | registry identification numbers. This confidential list shall | 25 | | not be combined or linked in any manner with any other list or |
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| 1 | | database except as provided in this Section. | 2 | | (b) Within 180 days of the effective date of this Act, the | 3 | | Department shall establish a computerized verification system. | 4 | | The verification system must allow law enforcement personnel | 5 | | and nonprofit medical cannabis organization agents to enter a | 6 | | registry identification number to determine whether or not the | 7 | | number corresponds with a current, valid registry | 8 | | identification card. The system shall only disclose whether the | 9 | | identification card is valid; whether the cardholder is a | 10 | | registered qualifying patient or a registered designated | 11 | | caregiver; and the registry identification number of the | 12 | | registered nonprofit medical cannabis organization designated | 13 | | to serve the registered qualifying patient who holds the card | 14 | | or the registry identification number of the patient who is | 15 | | assisted by the registered designated caregiver who holds the | 16 | | card. The system shall enable a registered nonprofit medical | 17 | | cannabis organization to enter information in the system | 18 | | sufficient to track the amount of medical cannabis dispensed to | 19 | | the qualifying patient. Notwithstanding any requirements | 20 | | established by this subsection, the Department shall issue | 21 | | registry cards to qualifying patients and shall issue | 22 | | certification to nonprofit medical cannabis organizations for | 23 | | the period during which the database is being established. | 24 | | Section 100. Annual reports. The Department shall submit | 25 | | to the General Assembly an annual report that does not disclose |
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| 1 | | any identifying information about cardholders, registered | 2 | | nonprofit medical cannabis organizations, or physicians, but | 3 | | does contain, at a minimum, all of the following information: | 4 | | (1) the number of applications and renewals filed for | 5 | | registry identification cards; | 6 | | (2) the number of qualifying patients and designated | 7 | | caregivers approved in each county and Senate district as | 8 | | determined by the districts that were in existence as of | 9 | | January 1, 2011; | 10 | | (3) the nature of the debilitating medical conditions | 11 | | of the qualifying patients; | 12 | | (4) the number of registry identification cards | 13 | | revoked for misconduct; | 14 | | (5) the number of physicians providing written | 15 | | certifications for qualifying patients; and | 16 | | (6) the number of registered nonprofit medical | 17 | | cannabis organizations. | 18 | | Section 105. Department to issue rules. | 19 | | (a) Not later than 60 days after the effective date of this | 20 | | Act, the Department shall promulgate rules: | 21 | | (1) governing the manner in which the Department shall | 22 | | consider petitions from the public to add debilitating | 23 | | medical conditions or treatments to the list of | 24 | | debilitating medical conditions set forth in subsection | 25 | | (d) of Section 10 of this Act, including public notice of |
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| 1 | | and an opportunity to comment in public hearings on the | 2 | | petitions; | 3 | | (2) establishing the form and content of registration | 4 | | and renewal applications submitted under this Act, | 5 | | including a standard form for written certifications; | 6 | | (3) governing the manner in which it shall consider | 7 | | applications for and renewals of registry identification | 8 | | cards; | 9 | | (4) governing the following matters related to | 10 | | registered nonprofit medical cannabis organizations, with | 11 | | the goal of protecting against diversion and theft, without | 12 | | imposing an undue burden on the registered nonprofit | 13 | | medical cannabis organizations or compromising the | 14 | | confidentiality of cardholders: | 15 | | (A) oversight requirements for registered | 16 | | nonprofit medical cannabis organizations; | 17 | | (B) recordkeeping requirements for registered | 18 | | nonprofit medical cannabis organizations; | 19 | | (C) security requirements for registered nonprofit | 20 | | medical cannabis organizations, which shall include | 21 | | that each registered nonprofit medical cannabis | 22 | | organization location must be protected by a fully | 23 | | operational security alarm system; | 24 | | (D) rules and standards for what constitutes an | 25 | | enclosed locked facility under this Act; | 26 | | (E) procedures for suspending or terminating the |
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| 1 | | registration certificates or registry identification | 2 | | cards of cardholders, and registered nonprofit medical | 3 | | cannabis organizations that commit multiple or serious | 4 | | violations of the provisions of this Act or the rules | 5 | | promulgated pursuant to this Section; | 6 | | (F) reasonable rules concerning the medical use of | 7 | | cannabis at a nursing care institution, hospice, | 8 | | assisted living center, assisted living facility, | 9 | | assisted living home, residential care institution, or | 10 | | adult day health care facility; | 11 | | (G) limitations of the quantity of cannabis plants | 12 | | a dispensary may possess at one time provided that no | 13 | | dispensary is authorized to possess more plants than | 14 | | are reasonably necessary to satisfy the adequate | 15 | | supply of the patients who have designated that | 16 | | dispensary as his or her provider; | 17 | | (H) rules concerning the intrastate transportation | 18 | | of medical cannabis; | 19 | | (I) standards concerning the testing, quality, and | 20 | | cultivation of medical cannabis; and | 21 | | (J) such other matters as are necessary for the | 22 | | fair, impartial, stringent, and comprehensive | 23 | | administration of this Act; and | 24 | | (5) application and renewal fees for registry | 25 | | identification cards, nonprofit medical cannabis | 26 | | organization agent identification cards, and renewal fees |
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| 1 | | for registered nonprofit medical cannabis organization | 2 | | registration certificates, according to the following: | 3 | | (A) the total fees collected must generate | 4 | | revenues sufficient to offset all expenses of | 5 | | implementing and administering this Act, except that | 6 | | fee revenue may be offset or supplemented by private | 7 | | donations; | 8 | | (B) the Department may establish a sliding scale of | 9 | | patient application and renewal fees based upon a | 10 | | qualifying patient's household income; | 11 | | (C) the Department may accept donations from | 12 | | private sources to reduce application and renewal | 13 | | fees; and | 14 | | (D) registry identification card fees shall | 15 | | include an additional $3 per registry identification | 16 | | card, which shall be used to develop and disseminate | 17 | | educational information about the health risks | 18 | | associated with the abuse of cannabis and prescription | 19 | | medications. | 20 | | The Department may adopt rules concerning limiting the | 21 | | rights of medical cannabis organizations by taking into | 22 | | consideration how many are currently operating and their | 23 | | geographical distribution. | 24 | | (b) During the rule-making process, the Department shall | 25 | | make a good faith effort to consult with all stakeholders | 26 | | identified in the rule-making analysis as being impacted by the |
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| 1 | | rules. The Department shall establish the stakeholders into an | 2 | | advisory task force. Stakeholders shall include, but are not | 3 | | limited to: | 4 | | (1) at least 2 physicians, one of whom must have prior | 5 | | experience treating medical cannabis patients; | 6 | | (2) at least 2 nurses, one of whom must have prior | 7 | | experience treating HIV/AIDS patients; | 8 | | (3) at least three qualifying patients; | 9 | | (4) a representative from the law enforcement | 10 | | community; | 11 | | (5) the Director of State Police or his or her | 12 | | designee; | 13 | | (6) a prosecuting attorney currently employed by the | 14 | | State of Illinois; | 15 | | (7) a public defender currently employed by the State | 16 | | of Illinois; | 17 | | (8) a defense attorney in private practice; | 18 | | (9) a licensed phlebotomist; | 19 | | (10) a horticulturist; and | 20 | | (11) a representative of the business community. | 21 | | (c) After consulting with the stakeholders, the Department | 22 | | shall evaluate driving under the influence laws as they apply | 23 | | to registered patients. | 24 | | (d) Beginning 4 months after the issuance of the first | 25 | | registrations for registered nonprofit medical cannabis | 26 | | organizations, the Department shall solicit input, including |
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| 1 | | from the stakeholders identified in subsection (b) on the | 2 | | following: | 3 | | (A) The ability of qualifying patients in all areas | 4 | | of the state to obtain timely access to high-quality | 5 | | medical cannabis. | 6 | | (B) The effectiveness of the registered nonprofit | 7 | | medical cannabis organizations, individually and | 8 | | together, in serving the needs of qualifying patients, | 9 | | including the provision of support services, the | 10 | | reasonableness of their fees, whether they are | 11 | | generating any complaints or security problems, and | 12 | | the sufficiency of the number operating to serve the | 13 | | registered qualifying patients of Illinois. | 14 | | (C) The sufficiency of the regulatory and security | 15 | | safeguards contained in this Act and adopted by the | 16 | | Department to ensure that access to and use of cannabis | 17 | | cultivated is provided only to cardholders authorized | 18 | | for such purposes. | 19 | | (D) Any recommended additions or revisions to the | 20 | | Department rules or this Act, including relating to | 21 | | security, safe handling, labeling, and nomenclature. | 22 | | (E) Any research studies regarding health effects | 23 | | of medical cannabis for patients. | 24 | | (e) The Department shall develop and disseminate | 25 | | educational information about the health risks associated with | 26 | | the abuse of cannabis and prescription medications, which shall |
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| 1 | | be funded by the $3 fees generated from registry identification | 2 | | cards. | 3 | | Section 110. Enforcement of this Act. | 4 | | (a) If the Department fails to adopt rules to implement | 5 | | this Act within the times provided for in this Act, any citizen | 6 | | may commence a mandamus action in the Circuit Court to compel | 7 | | the Department to perform the actions mandated pursuant to the | 8 | | provisions of this Act. | 9 | | (b) If the Department fails to issue a valid registry | 10 | | identification card in response to a valid application or | 11 | | renewal submitted pursuant to this Act within 30 days of its | 12 | | submission, the registry identification card shall be deemed | 13 | | granted, and a copy of the registry identification application, | 14 | | including a valid written certification, or renewal shall be | 15 | | deemed a valid registry identification card. | 16 | | Section 115. Repeal of Act. This Act is repealed 3 years | 17 | | after its effective date. | 18 | | Section 120. The Election Code is amended by adding Section | 19 | | 9-45 as follows: | 20 | | (10 ILCS 5/9-45 new) | 21 | | Sec. 9-45. Medical cannabis organization; contributions. | 22 | | It is unlawful for any nonprofit medical cannabis organization |
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| 1 | | or any political action committee created by any nonprofit | 2 | | medical cannabis organization to make a campaign contribution | 3 | | to any political committee established to promote the candidacy | 4 | | of a candidate or public official. It is unlawful for any | 5 | | candidate, political committee, or other person to knowingly | 6 | | accept or receive any contribution prohibited by this Section. | 7 | | It is unlawful for any officer or agent of a nonprofit medical | 8 | | cannabis organization to consent to any contribution or | 9 | | expenditure by the nonprofit medical cannabis organization | 10 | | that is prohibited by this Section.
As used in this Section, | 11 | | "nonprofit medical cannabis organization" has the meaning | 12 | | ascribed to it in Section 10 of the Compassionate Use of | 13 | | Medical Cannabis Pilot Program Act. | 14 | | Section 125. The Use Tax Act is amended by changing Section | 15 | | 3-10 as follows:
| 16 | | (35 ILCS 105/3-10)
| 17 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this | 18 | | Section, the tax
imposed by this Act is at the rate of 6.25% of | 19 | | either the selling price or the
fair market value, if any, of | 20 | | the tangible personal property. In all cases
where property | 21 | | functionally used or consumed is the same as the property that
| 22 | | was purchased at retail, then the tax is imposed on the selling | 23 | | price of the
property. In all cases where property functionally | 24 | | used or consumed is a
by-product or waste product that has been |
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| 1 | | refined, manufactured, or produced
from property purchased at | 2 | | retail, then the tax is imposed on the lower of the
fair market | 3 | | value, if any, of the specific property so used in this State | 4 | | or on
the selling price of the property purchased at retail. | 5 | | For purposes of this
Section "fair market value" means the | 6 | | price at which property would change
hands between a willing | 7 | | buyer and a willing seller, neither being under any
compulsion | 8 | | to buy or sell and both having reasonable knowledge of the
| 9 | | relevant facts. The fair market value shall be established by | 10 | | Illinois sales by
the taxpayer of the same property as that | 11 | | functionally used or consumed, or if
there are no such sales by | 12 | | the taxpayer, then comparable sales or purchases of
property of | 13 | | like kind and character in Illinois.
| 14 | | Beginning on July 1, 2000 and through December 31, 2000, | 15 | | with respect to
motor fuel, as defined in Section 1.1 of the | 16 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 17 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| 18 | | Beginning on August 6, 2010 through August 15, 2010, with | 19 | | respect to sales tax holiday items as defined in Section 3-6 of | 20 | | this Act, the
tax is imposed at the rate of 1.25%. | 21 | | With respect to gasohol, the tax imposed by this Act | 22 | | applies to (i) 70%
of the proceeds of sales made on or after | 23 | | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | 24 | | proceeds of sales made
on or after July 1, 2003 and on or | 25 | | before December 31, 2013, and (iii) 100% of the proceeds of | 26 | | sales made
thereafter.
If, at any time, however, the tax under |
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| 1 | | this Act on sales of gasohol is
imposed at the
rate of 1.25%, | 2 | | then the tax imposed by this Act applies to 100% of the | 3 | | proceeds
of sales of gasohol made during that time.
| 4 | | With respect to majority blended ethanol fuel, the tax | 5 | | imposed by this Act
does
not apply
to the proceeds of sales | 6 | | made on or after July 1, 2003 and on or before
December
31, | 7 | | 2013 but applies to 100% of the proceeds of sales made | 8 | | thereafter.
| 9 | | With respect to biodiesel blends with no less than 1% and | 10 | | no more than 10%
biodiesel, the tax imposed by this Act applies | 11 | | to (i) 80% of the
proceeds of sales made on or after July 1, | 12 | | 2003 and on or before December 31,
2013 and (ii) 100% of the | 13 | | proceeds of sales made
thereafter.
If, at any time, however, | 14 | | the tax under this Act on sales of biodiesel blends
with no | 15 | | less than 1% and no more than 10% biodiesel
is imposed at the | 16 | | rate of
1.25%, then the
tax imposed by this Act applies to 100% | 17 | | of the proceeds of sales of biodiesel
blends with no less than | 18 | | 1% and no more than 10% biodiesel
made
during that time.
| 19 | | With respect to 100% biodiesel and biodiesel blends with | 20 | | more than 10%
but no more than 99% biodiesel, the tax imposed | 21 | | by this Act does not apply to
the
proceeds of sales made on or | 22 | | after July 1, 2003 and on or before
December 31, 2013 but | 23 | | applies to 100% of the proceeds of sales made
thereafter.
| 24 | | With respect to food for human consumption that is to be | 25 | | consumed off the
premises where it is sold (other than | 26 | | alcoholic beverages, soft drinks, and
food that has been |
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| 1 | | prepared for immediate consumption) and prescription and
| 2 | | nonprescription medicines, drugs, medical appliances, | 3 | | modifications to a motor
vehicle for the purpose of rendering | 4 | | it usable by a disabled person, and
insulin, urine testing | 5 | | materials, syringes, and needles used by diabetics, for
human | 6 | | use, the tax is imposed at the rate of 1%. For the purposes of | 7 | | this
Section, until September 1, 2009: the term "soft drinks" | 8 | | means any complete, finished, ready-to-use,
non-alcoholic | 9 | | drink, whether carbonated or not, including but not limited to
| 10 | | soda water, cola, fruit juice, vegetable juice, carbonated | 11 | | water, and all other
preparations commonly known as soft drinks | 12 | | of whatever kind or description that
are contained in any | 13 | | closed or sealed bottle, can, carton, or container,
regardless | 14 | | of size; but "soft drinks" does not include coffee, tea, | 15 | | non-carbonated
water, infant formula, milk or milk products as | 16 | | defined in the Grade A
Pasteurized Milk and Milk Products Act, | 17 | | or drinks containing 50% or more
natural fruit or vegetable | 18 | | juice.
| 19 | | Notwithstanding any other provisions of this
Act, | 20 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 21 | | beverages that contain natural or artificial sweeteners. "Soft | 22 | | drinks" do not include beverages that contain milk or milk | 23 | | products, soy, rice or similar milk substitutes, or greater | 24 | | than 50% of vegetable or fruit juice by volume. | 25 | | Until August 1, 2009, and notwithstanding any other | 26 | | provisions of this
Act, "food for human consumption that is to |
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| 1 | | be consumed off the premises where
it is sold" includes all | 2 | | food sold through a vending machine, except soft
drinks and | 3 | | food products that are dispensed hot from a vending machine,
| 4 | | regardless of the location of the vending machine. Beginning | 5 | | August 1, 2009, and notwithstanding any other provisions of | 6 | | this Act, "food for human consumption that is to be consumed | 7 | | off the premises where it is sold" includes all food sold | 8 | | through a vending machine, except soft drinks, candy, and food | 9 | | products that are dispensed hot from a vending machine, | 10 | | regardless of the location of the vending machine.
| 11 | | Notwithstanding any other provisions of this
Act, | 12 | | beginning September 1, 2009, "food for human consumption that | 13 | | is to be consumed off the premises where
it is sold" does not | 14 | | include candy. For purposes of this Section, "candy" means a | 15 | | preparation of sugar, honey, or other natural or artificial | 16 | | sweeteners in combination with chocolate, fruits, nuts or other | 17 | | ingredients or flavorings in the form of bars, drops, or | 18 | | pieces. "Candy" does not include any preparation that contains | 19 | | flour or requires refrigeration. | 20 | | Notwithstanding any other provisions of this
Act, | 21 | | beginning September 1, 2009, "nonprescription medicines and | 22 | | drugs" does not include grooming and hygiene products. | 23 | | Beginning on the effective date of this amendatory Act of the | 24 | | 97th General Assembly, "prescription and nonprescription | 25 | | medicines and drugs" includes medical cannabis purchased from a | 26 | | registered nonprofit medical cannabis organization under the |
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| 1 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 2 | | purposes of this Section, "grooming and hygiene products" | 3 | | includes, but is not limited to, soaps and cleaning solutions, | 4 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 5 | | lotions and screens, unless those products are available by | 6 | | prescription only, regardless of whether the products meet the | 7 | | definition of "over-the-counter-drugs". For the purposes of | 8 | | this paragraph, "over-the-counter-drug" means a drug for human | 9 | | use that contains a label that identifies the product as a drug | 10 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 11 | | label includes: | 12 | | (A) A "Drug Facts" panel; or | 13 | | (B) A statement of the "active ingredient(s)" with a | 14 | | list of those ingredients contained in the compound, | 15 | | substance or preparation. | 16 | | If the property that is purchased at retail from a retailer | 17 | | is acquired
outside Illinois and used outside Illinois before | 18 | | being brought to Illinois
for use here and is taxable under | 19 | | this Act, the "selling price" on which
the tax is computed | 20 | | shall be reduced by an amount that represents a
reasonable | 21 | | allowance for depreciation for the period of prior out-of-state | 22 | | use.
| 23 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 24 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
| 25 | | Section 130. The Service Use Tax Act is amended by changing |
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| 1 | | Section 3-10 as follows:
| 2 | | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| 3 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this | 4 | | Section,
the tax imposed by this Act is at the rate of 6.25% of | 5 | | the selling
price of tangible personal property transferred as | 6 | | an incident to the sale
of service, but, for the purpose of | 7 | | computing this tax, in no event shall
the selling price be less | 8 | | than the cost price of the property to the
serviceman.
| 9 | | Beginning on July 1, 2000 and through December 31, 2000, | 10 | | with respect to
motor fuel, as defined in Section 1.1 of the | 11 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 12 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| 13 | | With respect to gasohol, as defined in the Use Tax Act, the | 14 | | tax imposed
by this Act applies to (i) 70% of the selling price | 15 | | of property transferred
as an incident to the sale of service | 16 | | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | 17 | | of the selling price of
property transferred as an incident to | 18 | | the sale of service on or after July
1, 2003 and on or before | 19 | | December 31, 2013, and (iii)
100% of the selling price | 20 | | thereafter.
If, at any time, however, the tax under this Act on | 21 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | 22 | | the rate of 1.25%, then the
tax imposed by this Act applies to | 23 | | 100% of the proceeds of sales of gasohol
made during that time.
| 24 | | With respect to majority blended ethanol fuel, as defined | 25 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply |
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| 1 | | to the selling price of property transferred
as an incident to | 2 | | the sale of service on or after July 1, 2003 and on or before
| 3 | | December 31, 2013 but applies to 100% of the selling price | 4 | | thereafter.
| 5 | | With respect to biodiesel blends, as defined in the Use Tax | 6 | | Act, with no less
than 1% and no
more than 10% biodiesel, the | 7 | | tax imposed by this Act
applies to (i) 80% of the selling price | 8 | | of property transferred as an incident
to the sale of service | 9 | | on or after July 1, 2003 and on or before December 31,
2013 and | 10 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, | 11 | | at any time, however, the tax under this Act on sales of | 12 | | biodiesel blends,
as
defined in the Use Tax Act, with no less | 13 | | than 1% and no more than 10% biodiesel
is imposed at the rate | 14 | | of 1.25%, then the
tax imposed by this Act applies to 100% of | 15 | | the proceeds of sales of biodiesel
blends with no less than 1% | 16 | | and no more than 10% biodiesel
made
during that time.
| 17 | | With respect to 100% biodiesel, as defined in the Use Tax | 18 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 19 | | more than 10% but no more than 99% biodiesel, the tax imposed | 20 | | by this Act
does not apply to the proceeds of the selling price | 21 | | of property transferred
as an incident to the sale of service | 22 | | on or after July 1, 2003 and on or before
December 31, 2013 but | 23 | | applies to 100% of the selling price thereafter.
| 24 | | At the election of any registered serviceman made for each | 25 | | fiscal year,
sales of service in which the aggregate annual | 26 | | cost price of tangible
personal property transferred as an |
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| 1 | | incident to the sales of service is
less than 35%, or 75% in | 2 | | the case of servicemen transferring prescription
drugs or | 3 | | servicemen engaged in graphic arts production, of the aggregate
| 4 | | annual total gross receipts from all sales of service, the tax | 5 | | imposed by
this Act shall be based on the serviceman's cost | 6 | | price of the tangible
personal property transferred as an | 7 | | incident to the sale of those services.
| 8 | | The tax shall be imposed at the rate of 1% on food prepared | 9 | | for
immediate consumption and transferred incident to a sale of | 10 | | service subject
to this Act or the Service Occupation Tax Act | 11 | | by an entity licensed under
the Hospital Licensing Act, the | 12 | | Nursing Home Care Act, the MR/DD Community Care Act, or the
| 13 | | Child Care
Act of 1969. The tax shall
also be imposed at the | 14 | | rate of 1% on food for human consumption that is to be
consumed | 15 | | off the premises where it is sold (other than alcoholic | 16 | | beverages,
soft drinks, and food that has been prepared for | 17 | | immediate consumption and is
not otherwise included in this | 18 | | paragraph) and prescription and nonprescription
medicines, | 19 | | drugs, medical appliances, modifications to a motor vehicle for | 20 | | the
purpose of rendering it usable by a disabled person, and | 21 | | insulin, urine testing
materials,
syringes, and needles used by | 22 | | diabetics, for
human use. For the purposes of this Section, | 23 | | until September 1, 2009: the term "soft drinks" means any
| 24 | | complete, finished, ready-to-use, non-alcoholic drink, whether | 25 | | carbonated or
not, including but not limited to soda water, | 26 | | cola, fruit juice, vegetable
juice, carbonated water, and all |
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| 1 | | other preparations commonly known as soft
drinks of whatever | 2 | | kind or description that are contained in any closed or
sealed | 3 | | bottle, can, carton, or container, regardless of size; but | 4 | | "soft drinks"
does not include coffee, tea, non-carbonated | 5 | | water, infant formula, milk or
milk products as defined in the | 6 | | Grade A Pasteurized Milk and Milk Products Act,
or drinks | 7 | | containing 50% or more natural fruit or vegetable juice.
| 8 | | Notwithstanding any other provisions of this
Act, | 9 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 10 | | beverages that contain natural or artificial sweeteners. "Soft | 11 | | drinks" do not include beverages that contain milk or milk | 12 | | products, soy, rice or similar milk substitutes, or greater | 13 | | than 50% of vegetable or fruit juice by volume. | 14 | | Until August 1, 2009, and notwithstanding any other | 15 | | provisions of this Act, "food for human
consumption that is to | 16 | | be consumed off the premises where it is sold" includes
all | 17 | | food sold through a vending machine, except soft drinks and | 18 | | food products
that are dispensed hot from a vending machine, | 19 | | regardless of the location of
the vending machine. Beginning | 20 | | August 1, 2009, and notwithstanding any other provisions of | 21 | | this Act, "food for human consumption that is to be consumed | 22 | | off the premises where it is sold" includes all food sold | 23 | | through a vending machine, except soft drinks, candy, and food | 24 | | products that are dispensed hot from a vending machine, | 25 | | regardless of the location of the vending machine.
| 26 | | Notwithstanding any other provisions of this
Act, |
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| 1 | | beginning September 1, 2009, "food for human consumption that | 2 | | is to be consumed off the premises where
it is sold" does not | 3 | | include candy. For purposes of this Section, "candy" means a | 4 | | preparation of sugar, honey, or other natural or artificial | 5 | | sweeteners in combination with chocolate, fruits, nuts or other | 6 | | ingredients or flavorings in the form of bars, drops, or | 7 | | pieces. "Candy" does not include any preparation that contains | 8 | | flour or requires refrigeration. | 9 | | Notwithstanding any other provisions of this
Act, | 10 | | beginning September 1, 2009, "nonprescription medicines and | 11 | | drugs" does not include grooming and hygiene products. | 12 | | Beginning on the effective date of this amendatory Act of the | 13 | | 97th General Assembly, "prescription and nonprescription | 14 | | medicines and drugs" includes medical cannabis purchased from a | 15 | | registered nonprofit medical cannabis organization under the | 16 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 17 | | purposes of this Section, "grooming and hygiene products" | 18 | | includes, but is not limited to, soaps and cleaning solutions, | 19 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 20 | | lotions and screens, unless those products are available by | 21 | | prescription only, regardless of whether the products meet the | 22 | | definition of "over-the-counter-drugs". For the purposes of | 23 | | this paragraph, "over-the-counter-drug" means a drug for human | 24 | | use that contains a label that identifies the product as a drug | 25 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 26 | | label includes: |
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| 1 | | (A) A "Drug Facts" panel; or | 2 | | (B) A statement of the "active ingredient(s)" with a | 3 | | list of those ingredients contained in the compound, | 4 | | substance or preparation. | 5 | | If the property that is acquired from a serviceman is | 6 | | acquired outside
Illinois and used outside Illinois before | 7 | | being brought to Illinois for use
here and is taxable under | 8 | | this Act, the "selling price" on which the tax
is computed | 9 | | shall be reduced by an amount that represents a reasonable
| 10 | | allowance for depreciation for the period of prior out-of-state | 11 | | use.
| 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 13 | | eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) | 14 | | Section 135. The Service Occupation Tax Act is amended by | 15 | | changing Section 3-10 as follows:
| 16 | | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| 17 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this | 18 | | Section,
the tax imposed by this Act is at the rate of 6.25% of | 19 | | the "selling price",
as defined in Section 2 of the Service Use | 20 | | Tax Act, of the tangible
personal property. For the purpose of | 21 | | computing this tax, in no event
shall the "selling price" be | 22 | | less than the cost price to the serviceman of
the tangible | 23 | | personal property transferred. The selling price of each item
| 24 | | of tangible personal property transferred as an incident of a |
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| 1 | | sale of
service may be shown as a distinct and separate item on | 2 | | the serviceman's
billing to the service customer. If the | 3 | | selling price is not so shown, the
selling price of the | 4 | | tangible personal property is deemed to be 50% of the
| 5 | | serviceman's entire billing to the service customer. When, | 6 | | however, a
serviceman contracts to design, develop, and produce | 7 | | special order machinery or
equipment, the tax imposed by this | 8 | | Act shall be based on the serviceman's
cost price of the | 9 | | tangible personal property transferred incident to the
| 10 | | completion of the contract.
| 11 | | Beginning on July 1, 2000 and through December 31, 2000, | 12 | | with respect to
motor fuel, as defined in Section 1.1 of the | 13 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 14 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| 15 | | With respect to gasohol, as defined in the Use Tax Act, the | 16 | | tax imposed
by this Act shall apply to (i) 70% of the cost | 17 | | price of property
transferred as
an incident to the sale of | 18 | | service on or after January 1, 1990, and before
July 1, 2003, | 19 | | (ii) 80% of the selling price of property transferred as an
| 20 | | incident to the sale of service on or after July
1, 2003 and on | 21 | | or before December 31, 2013, and (iii) 100%
of
the cost price
| 22 | | thereafter.
If, at any time, however, the tax under this Act on | 23 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | 24 | | the rate of 1.25%, then the
tax imposed by this Act applies to | 25 | | 100% of the proceeds of sales of gasohol
made during that time.
| 26 | | With respect to majority blended ethanol fuel, as defined |
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| 1 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply | 2 | | to the selling price of property transferred
as an incident to | 3 | | the sale of service on or after July 1, 2003 and on or before
| 4 | | December 31, 2013 but applies to 100% of the selling price | 5 | | thereafter.
| 6 | | With respect to biodiesel blends, as defined in the Use Tax | 7 | | Act, with no less
than 1% and no
more than 10% biodiesel, the | 8 | | tax imposed by this Act
applies to (i) 80% of the selling price | 9 | | of property transferred as an incident
to the sale of service | 10 | | on or after July 1, 2003 and on or before December 31,
2013 and | 11 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, | 12 | | at any time, however, the tax under this Act on sales of | 13 | | biodiesel blends,
as
defined in the Use Tax Act, with no less | 14 | | than 1% and no more than 10% biodiesel
is imposed at the rate | 15 | | of 1.25%, then the
tax imposed by this Act applies to 100% of | 16 | | the proceeds of sales of biodiesel
blends with no less than 1% | 17 | | and no more than 10% biodiesel
made
during that time.
| 18 | | With respect to 100% biodiesel, as defined in the Use Tax | 19 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 20 | | more than 10% but no more than 99% biodiesel material, the tax | 21 | | imposed by this
Act
does not apply to the proceeds of the | 22 | | selling price of property transferred
as an incident to the | 23 | | sale of service on or after July 1, 2003 and on or before
| 24 | | December 31, 2013 but applies to 100% of the selling price | 25 | | thereafter.
| 26 | | At the election of any registered serviceman made for each |
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| 1 | | fiscal year,
sales of service in which the aggregate annual | 2 | | cost price of tangible
personal property transferred as an | 3 | | incident to the sales of service is
less than 35%, or 75% in | 4 | | the case of servicemen transferring prescription
drugs or | 5 | | servicemen engaged in graphic arts production, of the aggregate
| 6 | | annual total gross receipts from all sales of service, the tax | 7 | | imposed by
this Act shall be based on the serviceman's cost | 8 | | price of the tangible
personal property transferred incident to | 9 | | the sale of those services.
| 10 | | The tax shall be imposed at the rate of 1% on food prepared | 11 | | for
immediate consumption and transferred incident to a sale of | 12 | | service subject
to this Act or the Service Occupation Tax Act | 13 | | by an entity licensed under
the Hospital Licensing Act, the | 14 | | Nursing Home Care Act, the MR/DD Community Care Act, or the
| 15 | | Child Care Act of 1969. The tax shall
also be imposed at the | 16 | | rate of 1% on food for human consumption that is
to be consumed | 17 | | off the
premises where it is sold (other than alcoholic | 18 | | beverages, soft drinks, and
food that has been prepared for | 19 | | immediate consumption and is not
otherwise included in this | 20 | | paragraph) and prescription and
nonprescription medicines, | 21 | | drugs, medical appliances, modifications to a motor
vehicle for | 22 | | the purpose of rendering it usable by a disabled person, and
| 23 | | insulin, urine testing materials, syringes, and needles used by | 24 | | diabetics, for
human use. For the purposes of this Section, | 25 | | until September 1, 2009: the term "soft drinks" means any
| 26 | | complete, finished, ready-to-use, non-alcoholic drink, whether |
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| 1 | | carbonated or
not, including but not limited to soda water, | 2 | | cola, fruit juice, vegetable
juice, carbonated water, and all | 3 | | other preparations commonly known as soft
drinks of whatever | 4 | | kind or description that are contained in any closed or
sealed | 5 | | can, carton, or container, regardless of size; but "soft | 6 | | drinks" does not
include coffee, tea, non-carbonated water, | 7 | | infant formula, milk or milk
products as defined in the Grade A | 8 | | Pasteurized Milk and Milk Products Act, or
drinks containing | 9 | | 50% or more natural fruit or vegetable juice.
| 10 | | Notwithstanding any other provisions of this
Act, | 11 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 12 | | beverages that contain natural or artificial sweeteners. "Soft | 13 | | drinks" do not include beverages that contain milk or milk | 14 | | products, soy, rice or similar milk substitutes, or greater | 15 | | than 50% of vegetable or fruit juice by volume. | 16 | | Until August 1, 2009, and notwithstanding any other | 17 | | provisions of this Act, "food for human consumption
that is to | 18 | | be consumed off the premises where it is sold" includes all | 19 | | food
sold through a vending machine, except soft drinks and | 20 | | food products that are
dispensed hot from a vending machine, | 21 | | regardless of the location of the vending
machine. Beginning | 22 | | August 1, 2009, and notwithstanding any other provisions of | 23 | | this Act, "food for human consumption that is to be consumed | 24 | | off the premises where it is sold" includes all food sold | 25 | | through a vending machine, except soft drinks, candy, and food | 26 | | products that are dispensed hot from a vending machine, |
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| 1 | | regardless of the location of the vending machine.
| 2 | | Notwithstanding any other provisions of this
Act, | 3 | | beginning September 1, 2009, "food for human consumption that | 4 | | is to be consumed off the premises where
it is sold" does not | 5 | | include candy. For purposes of this Section, "candy" means a | 6 | | preparation of sugar, honey, or other natural or artificial | 7 | | sweeteners in combination with chocolate, fruits, nuts or other | 8 | | ingredients or flavorings in the form of bars, drops, or | 9 | | pieces. "Candy" does not include any preparation that contains | 10 | | flour or requires refrigeration. | 11 | | Notwithstanding any other provisions of this
Act, | 12 | | beginning September 1, 2009, "nonprescription medicines and | 13 | | drugs" does not include grooming and hygiene products. | 14 | | Beginning on the effective date of this amendatory Act of the | 15 | | 97th General Assembly, "prescription and nonprescription | 16 | | medicines and drugs" includes medical cannabis purchased from a | 17 | | registered nonprofit medical cannabis organization under the | 18 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 19 | | purposes of this Section, "grooming and hygiene products" | 20 | | includes, but is not limited to, soaps and cleaning solutions, | 21 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 22 | | lotions and screens, unless those products are available by | 23 | | prescription only, regardless of whether the products meet the | 24 | | definition of "over-the-counter-drugs". For the purposes of | 25 | | this paragraph, "over-the-counter-drug" means a drug for human | 26 | | use that contains a label that identifies the product as a drug |
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| 1 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 2 | | label includes: | 3 | | (A) A "Drug Facts" panel; or | 4 | | (B) A statement of the "active ingredient(s)" with a | 5 | | list of those ingredients contained in the compound, | 6 | | substance or preparation. | 7 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 8 | | eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) | 9 | | Section 140. The Retailers' Occupation Tax Act is amended | 10 | | by changing Section 2-10 as follows:
| 11 | | (35 ILCS 120/2-10)
| 12 | | Sec. 2-10. Rate of tax. Unless otherwise provided in this | 13 | | Section,
the tax imposed by this Act is at the rate of 6.25% of | 14 | | gross receipts
from sales of tangible personal property made in | 15 | | the course of business.
| 16 | | Beginning on July 1, 2000 and through December 31, 2000, | 17 | | with respect to
motor fuel, as defined in Section 1.1 of the | 18 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 19 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| 20 | | Beginning on August 6, 2010 through August 15, 2010, with | 21 | | respect to sales tax holiday items as defined in Section 2-8 of | 22 | | this Act, the
tax is imposed at the rate of 1.25%. | 23 | | Within 14 days after the effective date of this amendatory | 24 | | Act of the 91st
General Assembly, each retailer of motor fuel |
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| 1 | | and gasohol shall cause the
following notice to be posted in a | 2 | | prominently visible place on each retail
dispensing device that | 3 | | is used to dispense motor
fuel or gasohol in the State of | 4 | | Illinois: "As of July 1, 2000, the State of
Illinois has | 5 | | eliminated the State's share of sales tax on motor fuel and
| 6 | | gasohol through December 31, 2000. The price on this pump | 7 | | should reflect the
elimination of the tax." The notice shall be | 8 | | printed in bold print on a sign
that is no smaller than 4 | 9 | | inches by 8 inches. The sign shall be clearly
visible to | 10 | | customers. Any retailer who fails to post or maintain a | 11 | | required
sign through December 31, 2000 is guilty of a petty | 12 | | offense for which the fine
shall be $500 per day per each | 13 | | retail premises where a violation occurs.
| 14 | | With respect to gasohol, as defined in the Use Tax Act, the | 15 | | tax imposed
by this Act applies to (i) 70% of the proceeds of | 16 | | sales made on or after
January 1, 1990, and before July 1, | 17 | | 2003, (ii) 80% of the proceeds of
sales made on or after July | 18 | | 1, 2003 and on or before December 31,
2013, and (iii) 100% of | 19 | | the proceeds of sales
made thereafter.
If, at any time, | 20 | | however, the tax under this Act on sales of gasohol, as
defined | 21 | | in
the Use Tax Act, is imposed at the rate of 1.25%, then the
| 22 | | tax imposed by this Act applies to 100% of the proceeds of | 23 | | sales of gasohol
made during that time.
| 24 | | With respect to majority blended ethanol fuel, as defined | 25 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply | 26 | | to the proceeds of sales made on or after
July 1, 2003 and on or |
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| 1 | | before December 31, 2013 but applies to 100% of the
proceeds of | 2 | | sales made thereafter.
| 3 | | With respect to biodiesel blends, as defined in the Use Tax | 4 | | Act, with no less
than 1% and no
more than 10% biodiesel, the | 5 | | tax imposed by this Act
applies to (i) 80% of the proceeds of | 6 | | sales made on or after July 1, 2003
and on or before December | 7 | | 31, 2013 and (ii) 100% of the
proceeds of sales made | 8 | | thereafter.
If, at any time, however, the tax under this Act on | 9 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with | 10 | | no less than 1% and no more than 10% biodiesel
is imposed at | 11 | | the rate of 1.25%, then the
tax imposed by this Act applies to | 12 | | 100% of the proceeds of sales of biodiesel
blends with no less | 13 | | than 1% and no more than 10% biodiesel
made
during that time.
| 14 | | With respect to 100% biodiesel, as defined in the Use Tax | 15 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 16 | | more than 10% but no more than 99% biodiesel, the tax imposed | 17 | | by this Act
does not apply to the proceeds of sales made on or | 18 | | after July 1, 2003
and on or before December 31, 2013 but | 19 | | applies to 100% of the
proceeds of sales made thereafter.
| 20 | | With respect to food for human consumption that is to be | 21 | | consumed off the
premises where it is sold (other than | 22 | | alcoholic beverages, soft drinks, and
food that has been | 23 | | prepared for immediate consumption) and prescription and
| 24 | | nonprescription medicines, drugs, medical appliances, | 25 | | modifications to a motor
vehicle for the purpose of rendering | 26 | | it usable by a disabled person, and
insulin, urine testing |
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| 1 | | materials, syringes, and needles used by diabetics, for
human | 2 | | use, the tax is imposed at the rate of 1%. For the purposes of | 3 | | this
Section, until September 1, 2009: the term "soft drinks" | 4 | | means any complete, finished, ready-to-use,
non-alcoholic | 5 | | drink, whether carbonated or not, including but not limited to
| 6 | | soda water, cola, fruit juice, vegetable juice, carbonated | 7 | | water, and all other
preparations commonly known as soft drinks | 8 | | of whatever kind or description that
are contained in any | 9 | | closed or sealed bottle, can, carton, or container,
regardless | 10 | | of size; but "soft drinks" does not include coffee, tea, | 11 | | non-carbonated
water, infant formula, milk or milk products as | 12 | | defined in the Grade A
Pasteurized Milk and Milk Products Act, | 13 | | or drinks containing 50% or more
natural fruit or vegetable | 14 | | juice.
| 15 | | Notwithstanding any other provisions of this
Act, | 16 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 17 | | beverages that contain natural or artificial sweeteners. "Soft | 18 | | drinks" do not include beverages that contain milk or milk | 19 | | products, soy, rice or similar milk substitutes, or greater | 20 | | than 50% of vegetable or fruit juice by volume. | 21 | | Until August 1, 2009, and notwithstanding any other | 22 | | provisions of this
Act, "food for human consumption that is to | 23 | | be consumed off the premises where
it is sold" includes all | 24 | | food sold through a vending machine, except soft
drinks and | 25 | | food products that are dispensed hot from a vending machine,
| 26 | | regardless of the location of the vending machine. Beginning |
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| 1 | | August 1, 2009, and notwithstanding any other provisions of | 2 | | this Act, "food for human consumption that is to be consumed | 3 | | off the premises where it is sold" includes all food sold | 4 | | through a vending machine, except soft drinks, candy, and food | 5 | | products that are dispensed hot from a vending machine, | 6 | | regardless of the location of the vending machine.
| 7 | | Notwithstanding any other provisions of this
Act, | 8 | | beginning September 1, 2009, "food for human consumption that | 9 | | is to be consumed off the premises where
it is sold" does not | 10 | | include candy. For purposes of this Section, "candy" means a | 11 | | preparation of sugar, honey, or other natural or artificial | 12 | | sweeteners in combination with chocolate, fruits, nuts or other | 13 | | ingredients or flavorings in the form of bars, drops, or | 14 | | pieces. "Candy" does not include any preparation that contains | 15 | | flour or requires refrigeration. | 16 | | Notwithstanding any other provisions of this
Act, | 17 | | beginning September 1, 2009, "nonprescription medicines and | 18 | | drugs" does not include grooming and hygiene products. | 19 | | Beginning on the effective date of this amendatory Act of the | 20 | | 97th General Assembly, "prescription and nonprescription | 21 | | medicines and drugs" includes medical cannabis purchased from a | 22 | | registered nonprofit medical cannabis organization under the | 23 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 24 | | purposes of this Section, "grooming and hygiene products" | 25 | | includes, but is not limited to, soaps and cleaning solutions, | 26 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan |
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| 1 | | lotions and screens, unless those products are available by | 2 | | prescription only, regardless of whether the products meet the | 3 | | definition of "over-the-counter-drugs". For the purposes of | 4 | | this paragraph, "over-the-counter-drug" means a drug for human | 5 | | use that contains a label that identifies the product as a drug | 6 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 7 | | label includes: | 8 | | (A) A "Drug Facts" panel; or | 9 | | (B) A statement of the "active ingredient(s)" with a | 10 | | list of those ingredients contained in the compound, | 11 | | substance or preparation.
| 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 13 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
| 14 | | Section 145. The Illinois Vehicle Code is amended by | 15 | | changing Section 11-501 and by adding Section 11-501.9 as | 16 | | follows: | 17 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 18 | | Sec. 11-501. Driving while under the influence of alcohol, | 19 | | other drug or drugs, intoxicating compound or compounds or any | 20 | | combination thereof.
| 21 | | (a) A person shall not drive or be in actual physical | 22 | | control of any vehicle within this State while: | 23 | | (1) the alcohol concentration in the person's blood or | 24 | | breath is 0.08 or more based on the definition of blood and |
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| 1 | | breath units in Section 11-501.2; | 2 | | (2) under the influence of alcohol; | 3 | | (3) under the influence of any intoxicating compound or | 4 | | combination of intoxicating compounds to a degree that | 5 | | renders the person incapable of driving safely; | 6 | | (4) under the influence of any other drug or | 7 | | combination of drugs to a degree that renders the person | 8 | | incapable of safely driving; | 9 | | (5) under the combined influence of alcohol, other drug | 10 | | or drugs, or intoxicating compound or compounds to a degree | 11 | | that renders the person incapable of safely driving; or | 12 | | (6) there is any amount of a drug, substance, or | 13 | | compound in the person's breath, blood, or urine resulting | 14 | | from the unlawful use or consumption of cannabis listed in | 15 | | the Cannabis Control Act, a controlled substance listed in | 16 | | the Illinois Controlled Substances Act, an intoxicating | 17 | | compound listed in the Use of Intoxicating Compounds Act, | 18 | | or methamphetamine as listed in the Methamphetamine | 19 | | Control and Community Protection Act.
Subject to all other | 20 | | requirements set forth in this Act, for the purposes of | 21 | | this subsection the lawful consumption of cannabis by a | 22 | | qualifying patient licensed under the Compassionate Use of | 23 | | Medical Cannabis Pilot Program Act who is in possession of | 24 | | a valid registry card shall be governed by the provisions | 25 | | set forth in Section 11-501.9. | 26 | | (b) The fact that any person charged with violating this |
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| 1 | | Section is or has been legally entitled to use alcohol, other | 2 | | drug or drugs, or intoxicating compound or compounds, or any | 3 | | combination thereof, shall not constitute a defense against any | 4 | | charge of violating this Section. | 5 | | (c) Penalties. | 6 | | (1) Except as otherwise provided in this Section, any | 7 | | person convicted of violating subsection (a) of this | 8 | | Section is guilty of a Class A misdemeanor. | 9 | | (2) A person who violates subsection (a) or a similar | 10 | | provision a second time shall be sentenced to a mandatory | 11 | | minimum term of either 5 days of imprisonment or 240 hours | 12 | | of community service in addition to any other criminal or | 13 | | administrative sanction. | 14 | | (3) A person who violates subsection (a) is subject to | 15 | | 6 months of imprisonment, an additional mandatory minimum | 16 | | fine of $1,000, and 25 days of community service in a | 17 | | program benefiting children if the person was transporting | 18 | | a person under the age of 16 at the time of the violation. | 19 | | (4) A person who violates subsection (a) a first time, | 20 | | if the alcohol concentration in his or her blood, breath, | 21 | | or urine was 0.16 or more based on the definition of blood, | 22 | | breath, or urine units in Section 11-501.2, or 2 times the | 23 | | cannabis in Section 11-501.9, shall be subject, in addition | 24 | | to any other penalty that may be imposed, to a mandatory | 25 | | minimum of 100 hours of community service and a mandatory | 26 | | minimum fine of $500. |
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| 1 | | (5) A person who violates subsection (a) a second time, | 2 | | if at the time of the second violation the alcohol | 3 | | concentration in his or her blood, breath, or urine was | 4 | | 0.16 or more based on the definition of blood, breath, or | 5 | | urine units in Section 11-501.2 , or 2 times the cannabis in | 6 | | Section 11-501.9 , shall be subject, in addition to any | 7 | | other penalty that may be imposed, to a mandatory minimum | 8 | | of 2 days of imprisonment and a mandatory minimum fine of | 9 | | $1,250. | 10 | | (d) Aggravated driving under the influence of alcohol, | 11 | | other drug or drugs, or intoxicating compound or compounds, or | 12 | | any combination thereof.
| 13 | | (1) Every person convicted of committing a violation of | 14 | | this Section shall be guilty of aggravated driving under | 15 | | the influence of alcohol, other drug or drugs, or | 16 | | intoxicating compound or compounds, or any combination | 17 | | thereof if: | 18 | | (A) the person committed a violation of subsection | 19 | | (a) or a similar provision for the third or subsequent | 20 | | time; | 21 | | (B) the person committed a violation of subsection | 22 | | (a) while driving a school bus with persons 18 years of | 23 | | age or younger on board; | 24 | | (C) the person in committing a violation of | 25 | | subsection (a) was involved in a motor vehicle accident | 26 | | that resulted in great bodily harm or permanent |
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| 1 | | disability or disfigurement to another, when the | 2 | | violation was a proximate cause of the injuries; | 3 | | (D) the person committed a violation of subsection | 4 | | (a) and has been previously convicted of violating | 5 | | Section 9-3 of the Criminal Code of 1961 or a similar | 6 | | provision of a law of another state relating to | 7 | | reckless homicide in which the person was determined to | 8 | | have been under the influence of alcohol, other drug or | 9 | | drugs, or intoxicating compound or compounds as an | 10 | | element of the offense or the person has previously | 11 | | been convicted under subparagraph (C) or subparagraph | 12 | | (F) of this paragraph (1); | 13 | | (E) the person, in committing a violation of | 14 | | subsection (a) while driving at any speed in a school | 15 | | speed zone at a time when a speed limit of 20 miles per | 16 | | hour was in effect under subsection (a) of Section | 17 | | 11-605 of this Code, was involved in a motor vehicle | 18 | | accident that resulted in bodily harm, other than great | 19 | | bodily harm or permanent disability or disfigurement, | 20 | | to another person, when the violation of subsection (a) | 21 | | was a proximate cause of the bodily harm; | 22 | | (F) the person, in committing a violation of | 23 | | subsection (a), was involved in a motor vehicle, | 24 | | snowmobile, all-terrain vehicle, or watercraft | 25 | | accident that resulted in the death of another person, | 26 | | when the violation of subsection (a) was a proximate |
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| 1 | | cause of the death; | 2 | | (G) the person committed a violation of subsection | 3 | | (a) during a period in which the defendant's driving | 4 | | privileges are revoked or suspended, where the | 5 | | revocation or suspension was for a violation of | 6 | | subsection (a) or a similar provision, Section | 7 | | 11-501.1, 11-501.9, paragraph (b) of Section 11-401, | 8 | | or for reckless homicide as defined in Section 9-3 of | 9 | | the Criminal Code of 1961; | 10 | | (H) the person committed the violation while he or | 11 | | she did not possess a driver's license or permit or a | 12 | | restricted driving permit or a judicial driving permit | 13 | | or a monitoring device driving permit; | 14 | | (I) the person committed the violation while he or | 15 | | she knew or should have known that the vehicle he or | 16 | | she was driving was not covered by a liability | 17 | | insurance policy; | 18 | | (J) the person in committing a violation of | 19 | | subsection (a) was involved in a motor vehicle accident | 20 | | that resulted in bodily harm, but not great bodily | 21 | | harm, to the child under the age of 16 being | 22 | | transported by the person, if the violation was the | 23 | | proximate cause of the injury; or | 24 | | (K) the person in committing a second violation of | 25 | | subsection (a) or a similar provision was transporting | 26 | | a person under the age of 16. |
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| 1 | | (2)(A) Except as provided otherwise, a person | 2 | | convicted of aggravated driving under the influence of | 3 | | alcohol, other drug or drugs, or intoxicating compound or | 4 | | compounds, or any combination thereof is guilty of a Class | 5 | | 4 felony. | 6 | | (B) A third violation of this Section or a similar | 7 | | provision is a Class 2 felony. If at the time of the third | 8 | | violation the alcohol concentration in his or her blood, | 9 | | breath, or urine was 0.16 or more based on the definition | 10 | | of blood, breath, or urine units in Section 11-501.2, a | 11 | | mandatory minimum of 90 days of imprisonment and a | 12 | | mandatory minimum fine of $2,500 shall be imposed in | 13 | | addition to any other criminal or administrative sanction. | 14 | | If at the time of the third violation, the defendant was | 15 | | transporting a person under the age of 16, a mandatory fine | 16 | | of $25,000 and 25 days of community service in a program | 17 | | benefiting children shall be imposed in addition to any | 18 | | other criminal or administrative sanction. | 19 | | (C) A fourth violation of this Section or a similar | 20 | | provision is a Class 2 felony, for which a sentence of | 21 | | probation or conditional discharge may not be imposed. If | 22 | | at the time of the violation, the alcohol concentration in | 23 | | the defendant's blood, breath, or urine was 0.16 or more | 24 | | based on the definition of blood, breath, or urine units in | 25 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 26 | | be imposed in addition to any other criminal or |
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| 1 | | administrative sanction. If at the time of the fourth | 2 | | violation, the defendant was transporting a person under | 3 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 4 | | community service in a program benefiting children shall be | 5 | | imposed in addition to any other criminal or administrative | 6 | | sanction. | 7 | | (D) A fifth violation of this Section or a similar | 8 | | provision is a Class 1 felony, for which a sentence of | 9 | | probation or conditional discharge may not be imposed. If | 10 | | at the time of the violation, the alcohol concentration in | 11 | | the defendant's blood, breath, or urine was 0.16 or more | 12 | | based on the definition of blood, breath, or urine units in | 13 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 14 | | be imposed in addition to any other criminal or | 15 | | administrative sanction. If at the time of the fifth | 16 | | violation, the defendant was transporting a person under | 17 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 18 | | community service in a program benefiting children shall be | 19 | | imposed in addition to any other criminal or administrative | 20 | | sanction. | 21 | | (E) A sixth or subsequent violation of this Section or | 22 | | similar provision is a Class X felony. If at the time of | 23 | | the violation, the alcohol concentration in the | 24 | | defendant's blood, breath, or urine was 0.16 or more based | 25 | | on the definition of blood, breath, or urine units in | 26 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall |
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| 1 | | be imposed in addition to any other criminal or | 2 | | administrative sanction. If at the time of the violation, | 3 | | the defendant was transporting a person under the age of | 4 | | 16, a mandatory fine of $25,000 and 25 days of community | 5 | | service in a program benefiting children shall be imposed | 6 | | in addition to any other criminal or administrative | 7 | | sanction. | 8 | | (F) For a violation of subparagraph (C) of paragraph | 9 | | (1) of this subsection (d), the defendant, if sentenced to | 10 | | a term of imprisonment, shall be sentenced to not less than | 11 | | one year nor more than 12 years. | 12 | | (G) A violation of subparagraph (F) of paragraph (1) of | 13 | | this subsection (d) is a Class 2 felony, for which the | 14 | | defendant, unless the court determines that extraordinary | 15 | | circumstances exist and require probation, shall be | 16 | | sentenced to: (i) a term of imprisonment of not less than 3 | 17 | | years and not more than 14 years if the violation resulted | 18 | | in the death of one person; or (ii) a term of imprisonment | 19 | | of not less than 6 years and not more than 28 years if the | 20 | | violation resulted in the deaths of 2 or more persons. | 21 | | (H) For a violation of subparagraph (J) of paragraph | 22 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 23 | | 25 days of community service in a program benefiting | 24 | | children shall be imposed in addition to any other criminal | 25 | | or administrative sanction. | 26 | | (I) A violation of subparagraph (K) of paragraph (1) of |
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| 1 | | this subsection (d), is a Class 2 felony and a mandatory | 2 | | fine of $2,500, and 25 days of community service in a | 3 | | program benefiting children shall be imposed in addition to | 4 | | any other criminal or administrative sanction. If the child | 5 | | being transported suffered bodily harm, but not great | 6 | | bodily harm, in a motor vehicle accident, and the violation | 7 | | was the proximate cause of that injury, a mandatory fine of | 8 | | $5,000 and 25 days of community service in a program | 9 | | benefiting children shall be imposed in addition to any | 10 | | other criminal or administrative sanction. | 11 | | (J) A violation of subparagraph (D) of paragraph (1) of | 12 | | this subsection (d) is a Class 3 felony, for which a | 13 | | sentence of probation or conditional discharge may not be | 14 | | imposed. | 15 | | (3) Any person sentenced under this subsection (d) who | 16 | | receives a term of probation or conditional discharge must | 17 | | serve a minimum term of either 480 hours of community | 18 | | service or 10 days of imprisonment as a condition of the | 19 | | probation or conditional discharge in addition to any other | 20 | | criminal or administrative sanction. | 21 | | (e) Any reference to a prior violation of subsection (a) or | 22 | | a similar provision includes any violation of a provision of a | 23 | | local ordinance or a provision of a law of another state or an | 24 | | offense committed on a military installation that is similar to | 25 | | a violation of subsection (a) of this Section. | 26 | | (f) The imposition of a mandatory term of imprisonment or |
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| 1 | | assignment of community service for a violation of this Section | 2 | | shall not be suspended or reduced by the court. | 3 | | (g) Any penalty imposed for driving with a license that has | 4 | | been revoked for a previous violation of subsection (a) of this | 5 | | Section shall be in addition to the penalty imposed for any | 6 | | subsequent violation of subsection (a). | 7 | | (h) For any prosecution under this Section, a certified | 8 | | copy of the driving abstract of the defendant shall be admitted | 9 | | as proof of any prior conviction.
| 10 | | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | 11 | | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | 12 | | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.) | 13 | | (625 ILCS 5/11-501.9 new) | 14 | | Sec. 11-501.9. Medical cannabis; qualifying patient; | 15 | | restrictions. | 16 | | (a) No person who is a qualifying patient in possession of | 17 | | a valid registry card under the Compassionate Use of Medical | 18 | | Cannabis Pilot Program Act may operate a motor vehicle unless 6 | 19 | | hours have passed from the time that the qualifying patient | 20 | | last consumed medical cannabis. | 21 | | (b) No person who is a qualifying patient in possession of | 22 | | a valid registry card under the Compassionate Use of Medical | 23 | | Cannabis Pilot Program Act who has a concentration of cannabis | 24 | | in the person's urine of at least 15 nanograms of cannabis per | 25 | | milliliter of the person's urine or has a concentration of |
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| 1 | | cannabis in the person's whole blood of at least 5 nanograms of | 2 | | cannabis per milliliter of the person's whole blood shall drive | 3 | | or be in actual physical control of any vehicle within this | 4 | | State. | 5 | | (c) The sole fact that the person is a qualifying patient | 6 | | under the Compassionate Use of Medical Cannabis Pilot Program | 7 | | Act in possession of a registry card shall not constitute | 8 | | reasonable suspicion or probable cause that there is a | 9 | | violation under this Section or elsewhere. | 10 | | (d) Any violation of this Section shall subject the | 11 | | offender to the penalties set forth in Section 11-501 and all | 12 | | other appropriate sanctions under law. | 13 | | Section 150. The Cannabis Control Act is amended by | 14 | | changing Sections 4, 5, 8, 9, and 16.1 as follows:
| 15 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| 16 | | Sec. 4. It is unlawful for any person knowingly to possess | 17 | | cannabis. Any person
who violates this section with respect to:
| 18 | | (a) not more than 2.5 grams of any substance containing | 19 | | cannabis is
guilty of a Class C misdemeanor;
| 20 | | (b) more than 2.5 grams but not more than 10 grams of | 21 | | any substance
containing cannabis is guilty of a Class B | 22 | | misdemeanor;
| 23 | | (c) more than 10 grams but not more than 30 grams of | 24 | | any substance
containing cannabis is guilty of a Class A |
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| 1 | | misdemeanor; provided, that if
any offense under this | 2 | | subsection (c) is a subsequent offense, the offender
shall | 3 | | be guilty of a Class 4 felony;
| 4 | | (d) more than 30 grams but not more than 500 grams of | 5 | | any substance
containing cannabis is guilty of a Class 4 | 6 | | felony; provided that if any
offense under this subsection | 7 | | (d) is a subsequent offense, the offender
shall be guilty | 8 | | of a Class 3 felony;
| 9 | | (e) more than 500 grams but not more than 2,000 grams | 10 | | of any substance
containing cannabis is guilty
of a Class 3 | 11 | | felony;
| 12 | | (f) more than 2,000 grams but not more than 5,000 grams | 13 | | of any
substance containing cannabis is guilty of a Class 2 | 14 | | felony;
| 15 | | (g) more than 5,000 grams of any substance containing | 16 | | cannabis is guilty
of a Class 1 felony ; .
| 17 | | (h) if any offense is committed under subsection (a) or | 18 | | (b) and the defendant is a registered nonprofit medical | 19 | | cannabis organization agent, the defendant is guilty of a | 20 | | Class 4 felony; | 21 | | (i) if any offense is committed under subsection (c) | 22 | | and the defendant is a registered nonprofit medical | 23 | | cannabis organization agent, the defendant is guilty of a | 24 | | Class 3 felony; | 25 | | (j) if any offense is committed under subsection (d) | 26 | | and the defendant is a registered nonprofit medical |
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| 1 | | cannabis organization agent, the defendant is guilty of a | 2 | | Class 2 felony; | 3 | | (k) if any offense is committed under subsection (e) | 4 | | and the defendant is a registered nonprofit medical | 5 | | cannabis organization agent, the defendant is guilty of a | 6 | | Class 1 felony; | 7 | | (l) if any offense is committed under subsection (f) | 8 | | and the defendant is a registered nonprofit medical | 9 | | cannabis organization agent, the defendant is guilty of a | 10 | | Class X felony; or | 11 | | (m) if any offense is committed under subsection (g) | 12 | | and the defendant is a registered nonprofit medical | 13 | | cannabis organization agent, the defendant is guilty of a | 14 | | Class X felony extended term. | 15 | | (Source: P.A. 90-397, eff. 8-15-97 .)
| 16 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
| 17 | | Sec. 5.
It is unlawful for any person knowingly to | 18 | | manufacture, deliver, or
possess with intent to deliver, or | 19 | | manufacture, cannabis. Any person who
violates this section | 20 | | with respect to:
| 21 | | (a) not more than 2.5 grams of any substance containing | 22 | | cannabis is
guilty of a Class B misdemeanor;
| 23 | | (b) more than 2.5 grams but not more than 10 grams of any | 24 | | substance
containing cannabis is guilty of a Class A | 25 | | misdemeanor;
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| 1 | | (c) more than 10 grams but not more than 30 grams of any | 2 | | substance
containing cannabis is guilty of a Class 4 felony;
| 3 | | (d) more than 30 grams but not more than 500 grams of any | 4 | | substance
containing cannabis is guilty of a Class 3 felony for | 5 | | which a fine not
to exceed $50,000 may be imposed;
| 6 | | (e) more than 500 grams but not more than 2,000 grams of | 7 | | any substance
containing cannabis is guilty
of a Class 2 felony | 8 | | for which a fine not to exceed $100,000 may be
imposed;
| 9 | | (f) more than 2,000 grams but not more than 5,000 grams of | 10 | | any
substance containing cannabis is guilty of a Class 1 felony | 11 | | for which a
fine not to exceed $150,000 may be imposed;
| 12 | | (g) more than 5,000 grams of any substance containing | 13 | | cannabis is guilty
of a Class X felony for which a fine not to | 14 | | exceed $200,000 may be imposed ; .
| 15 | | (h) if any offense is committed under subsections (a), (b) | 16 | | or (c) and the defendant is a registered nonprofit medical | 17 | | cannabis organization agent, the defendant is guilty of a Class | 18 | | 3 felony; | 19 | | (i) if any offense is committed under subsection (d) and | 20 | | the defendant is a registered nonprofit medical cannabis | 21 | | organization agent, the defendant is guilty of a Class 2 | 22 | | felony; | 23 | | (j) if any offense is committed under subsection (e) and | 24 | | the defendant is a registered nonprofit medical cannabis | 25 | | organization agent, the defendant is guilty of a Class 1 | 26 | | felony; |
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| 1 | | (k) if any offense is committed under subsection (f) and | 2 | | the defendant is a registered nonprofit medical cannabis | 3 | | organization agent, the defendant is guilty of a Class X | 4 | | felony; or | 5 | | (l) if any offense is committed under subsection (g) and | 6 | | the defendant is a registered nonprofit medical cannabis | 7 | | organization agent, the defendant is guilty of a Class X with | 8 | | an extended term. | 9 | | (Source: P.A. 90-397, eff. 8-15-97.)
| 10 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 11 | | Sec. 8. It is unlawful for any person knowingly to produce | 12 | | the
cannabis sativa plant or to possess such plants unless | 13 | | production or possession
has been authorized pursuant to the | 14 | | provisions of Section 11 of the Act.
Any person who violates | 15 | | this Section with respect to production or possession of:
| 16 | | (a) Not more than 5 plants is guilty of a Class A | 17 | | misdemeanor.
| 18 | | (b) More than 5, but not more than 20 plants, is guilty
of | 19 | | a Class 4 felony.
| 20 | | (c) More than 20, but not more than 50 plants, is
guilty of | 21 | | a Class 3 felony.
| 22 | | (d) More than 50, but not more than 200 plants, is guilty | 23 | | of a Class 2 felony for which
a fine not to exceed $100,000 may | 24 | | be imposed and for which liability for
the cost of conducting | 25 | | the investigation and eradicating such plants may be
assessed. |
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| 1 | | Compensation for expenses incurred in the enforcement of this
| 2 | | provision shall be transmitted to and deposited in the | 3 | | treasurer's office
at the level of government represented by | 4 | | the Illinois law enforcement
agency whose officers or employees | 5 | | conducted the investigation or caused
the arrest or arrests | 6 | | leading to the prosecution, to be subsequently made
available | 7 | | to that law enforcement agency as expendable receipts for use | 8 | | in
the enforcement of laws regulating controlled substances and | 9 | | cannabis. If
such seizure was made by a combination of law | 10 | | enforcement personnel
representing different levels of | 11 | | government, the court levying the
assessment shall determine | 12 | | the allocation of such assessment. The proceeds
of assessment | 13 | | awarded to the State treasury shall be deposited in a special
| 14 | | fund known as the Drug Traffic Prevention Fund. | 15 | | (e) More than 200 plants is guilty of a Class 1 felony for | 16 | | which
a fine not to exceed $100,000 may be imposed and for | 17 | | which liability for
the cost of conducting the investigation | 18 | | and eradicating such plants may be
assessed. Compensation for | 19 | | expenses incurred in the enforcement of this
provision shall be | 20 | | transmitted to and deposited in the treasurer's office
at the | 21 | | level of government represented by the Illinois law enforcement
| 22 | | agency whose officers or employees conducted the investigation | 23 | | or caused
the arrest or arrests leading to the prosecution, to | 24 | | be subsequently made
available to that law enforcement agency | 25 | | as expendable receipts for use in
the enforcement of laws | 26 | | regulating controlled substances and cannabis. If
such seizure |
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| 1 | | was made by a combination of law enforcement personnel
| 2 | | representing different levels of government, the court levying | 3 | | the
assessment shall determine the allocation of such | 4 | | assessment. The proceeds
of assessment awarded to the State | 5 | | treasury shall be deposited in a special
fund known as the Drug | 6 | | Traffic Prevention Fund.
| 7 | | (Source: P.A. 95-247, eff. 1-1-08.)
| 8 | | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
| 9 | | Sec. 9.
(a) Any person who engages in a calculated criminal
| 10 | | cannabis conspiracy, as defined in subsection (b), is guilty of | 11 | | a Class
3 felony, and fined not more than $200,000 and shall be | 12 | | subject to the
forfeitures prescribed in subsection (c); except | 13 | | that, if any person
engages in such offense after one or more | 14 | | prior convictions under this
Section, Section 4 (d), Section 5 | 15 | | (d), Section 8 (d) or any law of the United
States
or of any | 16 | | State relating to cannabis, or controlled substances as
defined | 17 | | in the Illinois Controlled Substances Act, in addition to the
| 18 | | fine and forfeiture authorized above, he shall be guilty of a | 19 | | Class 1
felony for which an offender may not be sentenced to | 20 | | death ; if any offense is committed under this Section and the | 21 | | defendant is a registered nonprofit medical cannabis | 22 | | organization agent, the defendant is guilty of a Class X | 23 | | felony .
| 24 | | (b) For purposes of this section, a person engages in a | 25 | | calculated
criminal cannabis conspiracy when:
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| 1 | | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
or | 2 | | 8 (d) of this Act; and
| 3 | | (2) such violation is a part of a conspiracy undertaken or | 4 | | carried
on with 2 or more other persons; and
| 5 | | (3) he obtains anything of value greater than $500 from, or
| 6 | | organizes, directs or finances such violation or conspiracy.
| 7 | | (c) Any person who is convicted under this Section of | 8 | | engaging in a
calculated criminal cannabis conspiracy shall | 9 | | forfeit to the State of
Illinois:
| 10 | | (1) the receipts obtained by him in such conspiracy; and
| 11 | | (2) any of his interests in, claims against, receipts from, | 12 | | or
property or rights of any kind affording a source of | 13 | | influence over,
such conspiracy.
| 14 | | (d) The circuit court may enter such injunctions, | 15 | | restraining
orders, directions, or prohibitions, or take such | 16 | | other actions,
including the acceptance of satisfactory | 17 | | performance bonds, in
connection with any property, claim, | 18 | | receipt, right or other interest
subject to forfeiture under | 19 | | this Section, as it deems proper.
| 20 | | (Source: P.A. 84-1233.)
| 21 | | (720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
| 22 | | Sec. 16.1.
In any prosecution for any violation of this | 23 | | Act, it shall
be an affirmative defense that the substance | 24 | | possessed by the defendant
was regulated as a controlled | 25 | | substance under the Illinois Controlled Substances
Act or |
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| 1 | | pursuant to the Compassionate Use of Medical Cannabis Pilot | 2 | | Program Act . In order to raise
this affirmative defense, the | 3 | | defendant shall give notice thereof to the
State not less than | 4 | | 7 days prior to trial.
| 5 | | (Source: P.A. 84-1313; 84-1362.)
| 6 | | (720 ILCS 550/11 rep.) | 7 | | (720 ILCS 550/15 rep.) | 8 | | Section 155. The Cannabis Control Act is amended by | 9 | | repealing Sections 11 and 15. | 10 | | Section 160. Severability. The provisions of this Act are | 11 | | severable under Section 1.31 of the Statute on Statutes. | 12 | | Section 999. Effective date. This Act takes effect upon | 13 | | becoming law. |
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