Illinois General Assembly - Full Text of SB0010
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Full Text of SB0010  99th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 5, 10, 15, 35, 45,
660, 70, 75, and 220 and by adding Sections 7 and 57 as follows:
7    (410 ILCS 130/5)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 5. Findings.
10    (a) The recorded use of cannabis as a medicine goes back
11nearly 5,000 years. Modern medical research has confirmed the
12beneficial uses of cannabis in treating or alleviating the
13pain, nausea, and other symptoms associated with a variety of
14debilitating medical conditions, including cancer, multiple
15sclerosis, and HIV/AIDS, as found by the National Academy of
16Sciences' Institute of Medicine in March 1999.
17    (b) Studies published since the 1999 Institute of Medicine
18report continue to show the therapeutic value of cannabis in
19treating a wide array of debilitating medical conditions. These
20include relief of the neuropathic pain caused by multiple
21sclerosis, HIV/AIDS, and other illnesses that often fail to
22respond to conventional treatments and relief of nausea,
23vomiting, and other side effects of drugs used to treat



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1HIV/AIDS and hepatitis C, increasing the chances of patients
2continuing on life-saving treatment regimens.
3    (c) Cannabis has many currently accepted medical uses in
4the United States, having been recommended by thousands of
5licensed physicians to at least 600,000 patients in states with
6medical cannabis laws. The medical utility of cannabis is
7recognized by a wide range of medical and public health
8organizations, including the American Academy of HIV Medicine,
9the American College of Physicians, the American Nurses
10Association, the American Public Health Association, the
11Leukemia & Lymphoma Society, and many others.
12    (d) Data from the Federal Bureau of Investigation's Uniform
13Crime Reports and the Compendium of Federal Justice Statistics
14show that approximately 99 out of every 100 cannabis arrests in
15the U.S. are made under state law, rather than under federal
16law. Consequently, changing State law will have the practical
17effect of protecting from arrest the vast majority of seriously
18ill patients who have a medical need to use cannabis.
19    (d-5) In 2014, the Task Force on Veterans' Suicide was
20created by the Illinois General Assembly to gather data on
21veterans' suicide prevention. Data from a U.S. Department of
22Veterans Affairs study indicates that 22 veterans commit
23suicide each day.
24    (e) Alaska, Arizona, California, Colorado, Connecticut,
25Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
26Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,



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1Washington, and Washington, D.C. have removed state-level
2criminal penalties from the medical use and cultivation of
3cannabis. Illinois joins in this effort for the health and
4welfare of its citizens.
5    (f) States are not required to enforce federal law or
6prosecute people for engaging in activities prohibited by
7federal law. Therefore, compliance with this Act does not put
8the State of Illinois in violation of federal law.
9    (g) State law should make a distinction between the medical
10and non-medical uses of cannabis. Hence, the purpose of this
11Act is to protect patients with debilitating medical
12conditions, as well as their physicians and providers, from
13arrest and prosecution, criminal and other penalties, and
14property forfeiture if the patients engage in the medical use
15of cannabis.
16(Source: P.A. 98-122, eff. 1-1-14.)
17    (410 ILCS 130/7 new)
18    Sec. 7. Lawful user and lawful products. For the purposes
19of this Act and to clarify the legislative findings on the
20lawful use of cannabis:
21        (1) A cardholder under this Act shall not be considered
22    an unlawful user or addicted to narcotics solely as a
23    result of his or her qualifying patient or designated
24    caregiver status.
25        (2) All medical cannabis products purchased by a



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1    qualifying patient at a licensed dispensing organization
2    shall be lawful products and a distinction shall be made
3    between medical and non-medical uses of cannabis as a
4    result of the qualifying patient's cardholder status under
5    the authorized use granted under State law.
6    (410 ILCS 130/10)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 10. Definitions. The following terms, as used in this
9Act, 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 of Public
14    Health, a patient may apply for a waiver where a physician
15    provides a substantial medical basis in a signed, written
16    statement asserting that, based on the patient's medical
17    history, in the physician's professional judgment, 2.5
18    ounces is an insufficient adequate supply for a 14-day
19    period to properly alleviate the patient's debilitating
20    medical condition or symptoms associated with the
21    debilitating medical condition.
22        (3) This subsection may not be construed to authorize
23    the possession of more than 2.5 ounces at any time without
24    authority from the Department of Public Health.
25        (4) The pre-mixed weight of medical cannabis used in



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1    making a cannabis infused product shall apply toward the
2    limit on the total amount of medical cannabis a registered
3    qualifying patient may possess at any one time.
4    (b) "Cannabis" has the meaning given that term in Section 3
5of the Cannabis Control Act.
6    (c) "Cannabis plant monitoring system" means a system that
7includes, but is not limited to, testing and data collection
8established and maintained by the registered cultivation
9center and available to the Department for the purposes of
10documenting each cannabis plant and for monitoring plant
11development throughout the life cycle of a cannabis plant
12cultivated for the intended use by a qualifying patient from
13seed planting to final packaging.
14    (d) "Cardholder" means a qualifying patient or a designated
15caregiver who has been issued and possesses a valid registry
16identification card by the Department of Public Health.
17    (e) "Cultivation center" means a facility operated by an
18organization or business that is registered by the Department
19of Agriculture to perform necessary activities to provide only
20registered medical cannabis dispensing organizations with
21usable medical cannabis.
22    (f) "Cultivation center agent" means a principal officer,
23board member, employee, or agent of a registered cultivation
24center who is 21 years of age or older and has not been
25convicted of an excluded offense.
26    (g) "Cultivation center agent identification card" means a



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1document issued by the Department of Agriculture that
2identifies a person as a cultivation center agent.
3    (h) "Debilitating medical condition" means one or more of
4the following:
5        (1) cancer, glaucoma, positive status for human
6    immunodeficiency virus, acquired immune deficiency
7    syndrome, hepatitis C, amyotrophic lateral sclerosis,
8    Crohn's disease, agitation of Alzheimer's disease,
9    cachexia/wasting syndrome, muscular dystrophy, severe
10    fibromyalgia, spinal cord disease, including but not
11    limited to arachnoiditis, Tarlov cysts, hydromyelia,
12    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
13    spinal cord injury, traumatic brain injury and
14    post-concussion syndrome, Multiple Sclerosis,
15    Arnold-Chiari malformation and Syringomyelia,
16    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
17    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
18    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
19    (Complex Regional Pain Syndromes Type II),
20    Neurofibromatosis, Chronic Inflammatory Demyelinating
21    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
22    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
23    syndrome, residual limb pain, seizures (including those
24    characteristic of epilepsy), post-traumatic stress
25    disorder (PTSD), or the treatment of these conditions; or
26        (1.5) terminal illness with a diagnosis of 6 months or



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1    less; if the terminal illness is not one of the qualifying
2    debilitating medical conditions, then the physician shall
3    on the certification form identify the cause of the
4    terminal illness; or
5        (2) any other debilitating medical condition or its
6    treatment that is added by the Department of Public Health
7    by rule as provided in Section 45.
8    (i) "Designated caregiver" means a person who: (1) is at
9least 21 years of age; (2) has agreed to assist with a
10patient's medical use of cannabis; (3) has not been convicted
11of an excluded offense; and (4) assists no more than one
12registered qualifying patient with his or her medical use of
14    (j) "Dispensing organization agent identification card"
15means a document issued by the Department of Financial and
16Professional Regulation that identifies a person as a medical
17cannabis dispensing organization agent.
18    (k) "Enclosed, locked facility" means a room, greenhouse,
19building, or other enclosed area equipped with locks or other
20security devices that permit access only by a cultivation
21center's agents or a dispensing organization's agent working
22for the registered cultivation center or the registered
23dispensing organization to cultivate, store, and distribute
24cannabis for registered qualifying patients.
25    (l) "Excluded offense" for cultivation center agents and
26dispensing organizations means:



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1        (1) a violent crime defined in Section 3 of the Rights
2    of Crime Victims and Witnesses Act or a substantially
3    similar offense that was classified as a felony in the
4    jurisdiction where the person was convicted; or
5        (2) a violation of a state or federal controlled
6    substance law, the Cannabis Control Act, or the
7    Methamphetamine Control and Community Protection Act that
8    was classified as a felony in the jurisdiction where the
9    person was convicted, except that the registering
10    Department may waive this restriction if the person
11    demonstrates to the registering Department's satisfaction
12    that his or her conviction was for the possession,
13    cultivation, transfer, or delivery of a reasonable amount
14    of cannabis intended for medical use. This exception does
15    not apply if the conviction was under state law and
16    involved a violation of an existing medical cannabis law.
17    For purposes of this subsection, the Department of Public
18Health shall determine by emergency rule within 30 days after
19the effective date of this amendatory Act of the 99th General
20Assembly what constitutes a "reasonable amount".
21    (l-5) "Excluded offense" for a qualifying patient or
22designated caregiver means a violation of state or federal
23controlled substance law, the Cannabis Control Act, or the
24Methamphetamine and Community Protection Act that was
25classified as a felony in the jurisdiction where the person was
26convicted, except that the registering Department may waive



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1this restriction if the person demonstrates to the registering
2Department's satisfaction that his or her conviction was for
3the possession, cultivation, transfer, or delivery of a
4reasonable amount of cannabis intended for medical use. This
5exception does not apply if the conviction was under state law
6and involved a violation of an existing medical cannabis law.
7For purposes of this subsection, the Department of Public
8Health shall determine by emergency rule within 30 days after
9the effective date of this amendatory Act of the 99th General
10Assembly what constitutes a "reasonable amount".
11    (m) "Medical cannabis cultivation center registration"
12means a registration issued by the Department of Agriculture.
13    (n) "Medical cannabis container" means a sealed,
14traceable, food compliant, tamper resistant, tamper evident
15container, or package used for the purpose of containment of
16medical cannabis from a cultivation center to a dispensing
18    (o) "Medical cannabis dispensing organization", or
19"dispensing organization", or "dispensary organization" means
20a facility operated by an organization or business that is
21registered by the Department of Financial and Professional
22Regulation to acquire medical cannabis from a registered
23cultivation center for the purpose of dispensing cannabis,
24paraphernalia, or related supplies and educational materials
25to registered qualifying patients.
26    (p) "Medical cannabis dispensing organization agent" or



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1"dispensing organization agent" means a principal officer,
2board member, employee, or agent of a registered medical
3cannabis dispensing organization who is 21 years of age or
4older and has not been convicted of an excluded offense.
5    (q) "Medical cannabis infused product" means food, oils,
6ointments, or other products containing usable cannabis that
7are not smoked.
8    (r) "Medical use" means the acquisition; administration;
9delivery; possession; transfer; transportation; or use of
10cannabis to treat or alleviate a registered qualifying
11patient's debilitating medical condition or symptoms
12associated with the patient's debilitating medical condition.
13    (s) "Physician" means a doctor of medicine or doctor of
14osteopathy licensed under the Medical Practice Act of 1987 to
15practice medicine and who has a controlled substances license
16under Article III of the Illinois Controlled Substances Act. It
17does not include a licensed practitioner under any other Act
18including but not limited to the Illinois Dental Practice Act.
19    (t) "Qualifying patient" means a person who has been
20diagnosed by a physician as having a debilitating medical
22    (u) "Registered" means licensed, permitted, or otherwise
23certified by the Department of Agriculture, Department of
24Public Health, or Department of Financial and Professional
26    (v) "Registry identification card" means a document issued



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1by the Department of Public Health that identifies a person as
2a registered qualifying patient or registered designated
4    (w) "Usable cannabis" means the seeds, leaves, buds, and
5flowers of the cannabis plant and any mixture or preparation
6thereof, but does not include the stalks, and roots of the
7plant. It does not include the weight of any non-cannabis
8ingredients combined with cannabis, such as ingredients added
9to prepare a topical administration, food, or drink.
10    (x) "Verification system" means a Web-based system
11established and maintained by the Department of Public Health
12that is available to the Department of Agriculture, the
13Department of Financial and Professional Regulation, law
14enforcement personnel, and registered medical cannabis
15dispensing organization agents on a 24-hour basis for the
16verification of registry identification cards, the tracking of
17delivery of medical cannabis to medical cannabis dispensing
18organizations, and the tracking of the date of sale, amount,
19and price of medical cannabis purchased by a registered
20qualifying patient.
21    (y) "Written certification" means a document dated and
22signed by a physician, stating (1) that in the physician's
23professional opinion the patient is likely to receive
24therapeutic or palliative benefit from the medical use of
25cannabis to treat or alleviate the patient's debilitating
26medical condition or symptoms associated with the debilitating



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



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1provided for by this Act:
2        (1) establish and maintain a confidential registry of
3    qualifying patients authorized to engage in the medical use
4    of cannabis and their caregivers;
5        (2) distribute educational materials about the health
6    benefits and risks associated with the use abuse of
7    cannabis and prescription medications;
8        (3) adopt rules to administer the patient and caregiver
9    registration program; and
10        (4) adopt rules establishing food handling
11    requirements for cannabis-infused products that are
12    prepared for human consumption.
13    (b) It is the duty of the Department of Agriculture to
14enforce the provisions of this Act relating to the registration
15and oversight of cultivation centers unless otherwise provided
16for in this Act.
17    (c) It is the duty of the Department of Financial and
18Professional Regulation to enforce the provisions of this Act
19relating to the registration and oversight of dispensing
20organizations unless otherwise provided for in this Act.
21    (d) The Department of Public Health, the Department of
22Agriculture, or the Department of Financial and Professional
23Regulation shall enter into intergovernmental agreements, as
24necessary, to carry out the provisions of this Act including,
25but not limited to, the provisions relating to the registration
26and oversight of cultivation centers, dispensing



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1organizations, and qualifying patients and caregivers.
2    (e) The Department of Public Health, Department of
3Agriculture, or the Department of Financial and Professional
4Regulation may suspend, revoke, or impose other penalties upon
5a registration for violations of this Act and any rules adopted
6in accordance thereto. The suspension or revocation of, or
7imposition of any other penalty upon, a registration is a final
8Agency action, subject to judicial review. Jurisdiction and
9venue for judicial review are vested in the Circuit Court.
10(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
11    (410 ILCS 130/35)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 35. Physician requirements.
14    (a) A physician who certifies a debilitating medical
15condition for a qualifying patient shall comply with all of the
16following requirements:
17        (1) The Physician shall be currently licensed under the
18    Medical Practice Act of 1987 to practice medicine in all
19    its branches and in good standing, and must hold a
20    controlled substances license under Article III of the
21    Illinois Controlled Substances Act.
22        (2) A physician certifying a patient's condition
23    making a medical cannabis recommendation shall comply with
24    generally accepted standards of medical practice, the
25    provisions of the Medical Practice Act of 1987 and all



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1    applicable rules.
2        (3) The physical examination required by this Act may
3    not be performed by remote means, including telemedicine.
4        (4) The physician shall maintain a record-keeping
5    system for all patients for whom the physician has
6    certified the patient's medical condition recommended the
7    medical use of cannabis. These records shall be accessible
8    to and subject to review by the Department of Public Health
9    and the Department of Financial and Professional
10    Regulation upon request.
11    (b) A physician may not:
12        (1) accept, solicit, or offer any form of remuneration
13    from or to a qualifying patient, primary caregiver,
14    cultivation center, or dispensing organization, including
15    each principal officer, board member, agent, and employee,
16    to certify a patient, other than accepting payment from a
17    patient for the fee associated with the required
18    examination;
19        (2) offer a discount of any other item of value to a
20    qualifying patient who uses or agrees to use a particular
21    primary caregiver or dispensing organization to obtain
22    medical cannabis;
23        (3) conduct a personal physical examination of a
24    patient for purposes of diagnosing a debilitating medical
25    condition at a location where medical cannabis is sold or
26    distributed or at the address of a principal officer,



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1    agent, or employee or a medical cannabis organization;
2        (4) hold a direct or indirect economic interest in a
3    cultivation center or dispensing organization if he or she
4    recommends the use of medical cannabis to qualified
5    patients or is in a partnership or other fee or
6    profit-sharing relationship with a physician who
7    recommends medical cannabis, except for the limited
8    purpose of performing a medical cannabis related research
9    study;
10        (5) serve on the board of directors or as an employee
11    of a cultivation center or dispensing organization;
12        (6) refer patients to a cultivation center, a
13    dispensing organization, or a registered designated
14    caregiver; or
15        (7) advertise in a cultivation center or a dispensing
16    organization.
17    (c) The Department of Public Health may with reasonable
18cause refer a physician, who has certified a debilitating
19medical condition of a patient, to the Illinois Department of
20Financial and Professional Regulation for potential violations
21of this Section.
22    (d) Any violation of this Section or any other provision of
23this Act or rules adopted under this Act is a violation of the
24Medical Practice Act of 1987.
25(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)



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1    (410 ILCS 130/45)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 45. Addition of debilitating medical conditions.
4    (a) Any resident citizen may petition the Department of
5Public Health to add debilitating conditions or treatments to
6the list of debilitating medical conditions listed in
7subsection (h) of Section 10. The Department of Public Health
8shall consider petitions in the manner required by Department
9rule, including public notice and hearing. The Department shall
10approve or deny a petition within 180 days of its submission,
11and, upon approval, shall proceed to add that condition by rule
12in accordance with the Administrative Procedure Act. The
13approval or denial of any petition is a final decision of the
14Department, subject to judicial review. Jurisdiction and venue
15are vested in the Circuit Court.
16    (b) The Department shall accept petitions once annually for
17a one-month period determined by the Department. During the
18open period, the Department shall accept petitions from any
19resident requesting the addition of a new debilitating medical
20condition or disease to the list of approved debilitating
21medical conditions for which the use of cannabis has been shown
22to have a therapeutic or palliative effect. The Department
23shall provide public notice 30 days before the open period for
24accepting petitions, which shall describe the time period for
25submission, the required format of the submission, and the
26submission address.



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1    (c) Each petition shall be limited to one proposed
2debilitating medical condition or disease.
3    (d) A petitioner shall file one original petition in the
4format provided by the Department and in the manner specified
5by the Department. For a petition to be processed and reviewed,
6the following information shall be included:
7        (1) The petition, prepared on forms provided by the
8    Department, in the manner specified by the Department.
9        (2) A specific description of the medical condition or
10    disease that is the subject of the petition. Each petition
11    shall be limited to a single condition or disease.
12    Information about the proposed condition or disease shall
13    include:
14            (A) the extent to which the condition or disease
15        itself or the treatments cause severe suffering, such
16        as severe or chronic pain, severe nausea or vomiting,
17        or otherwise severely impair a person's ability to
18        conduct activities of daily living;
19            (B) information about why conventional medical
20        therapies are not sufficient to alleviate the
21        suffering caused by the disease or condition and its
22        treatment;
23            (C) the proposed benefits from the medical use of
24        cannabis specific to the medical condition or disease;
25            (D) evidence from the medical community and other
26        experts supporting the use of medical cannabis to



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1        alleviate suffering caused by the condition, disease,
2        or treatment;
3            (E) letters of support from physicians or other
4        licensed health care providers knowledgeable about the
5        condition or disease, including, if feasible, a letter
6        from a physician with whom the petitioner has a bona
7        fide physician-patient relationship;
8            (F) any additional medical, testimonial, or
9        scientific documentation; and
10            (G) an electronic copy of all materials submitted.
11        (3) Upon receipt of a petition, the Department shall:
12            (A) determine whether the petition meets the
13        standards for submission and, if so, shall accept the
14        petition for further review; or
15            (B) determine whether the petition does not meet
16        the standards for submission and, if so, shall deny the
17        petition without further review.
18        (4) If the petition does not fulfill the standards for
19    submission, the petition shall be considered deficient.
20    The Department shall notify the petitioner, who may correct
21    any deficiencies and resubmit the petition during the next
22    open period.
23    (e) The petitioner may withdraw his or her petition by
24submitting a written statement to the Department indicating
26    (f) Upon review of accepted petitions, the Director shall



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1render a final decision regarding the acceptance or denial of
2the proposed debilitating medical conditions or diseases.
3    (g) The Department shall convene a Medical Cannabis
4Advisory Board (Advisory Board) composed of 16 members, which
5shall include:
6        (1) one medical cannabis patient advocate or
7    designated caregiver;
8        (2) one parent or designated caregiver of a person
9    under the age of 18 who is a qualified medical cannabis
10    patient;
11        (3) two registered nurses or nurse practitioners;
12        (4) three registered qualifying patients, including
13    one veteran; and
14        (5) nine health care practitioners with current
15    professional licensure in their field. The Advisory Board
16    shall be composed of health care practitioners
17    representing the following areas:
18            (A) neurology;
19            (B) pain management;
20            (C) medical oncology;
21            (D) psychiatry or mental health;
22            (E) infectious disease;
23            (F) family medicine;
24            (G) general primary care;
25            (H) medical ethics;
26            (I) pharmacy;



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1            (J) pediatrics; or
2            (K) psychiatry or mental health for children or
3        adolescents.
4    At least one appointed health care practitioner shall have
5direct experience related to the health care needs of veterans
6and at least one individual shall have pediatric experience.
7    (h) Members of the Advisory Board shall be appointed by the
9        (1) Members shall serve a term of 4 years or until a
10    successor is appointed and qualified. If a vacancy occurs,
11    the Governor shall appoint a replacement to complete the
12    original term created by the vacancy.
13        (2) The Governor shall select a chairperson.
14        (3) Members may serve multiple terms.
15        (4) Members shall not have an affiliation with, serve
16    on the board of, or have a business relationship with a
17    registered cultivation center or a registered medical
18    cannabis dispensary.
19        (5) Members shall disclose any real or apparent
20    conflicts of interest that may have a direct bearing of the
21    subject matter, such as relationships with pharmaceutical
22    companies, biomedical device manufacturers, or
23    corporations whose products or services are related to the
24    medical condition or disease to be reviewed.
25        (6) Members shall not be paid but shall be reimbursed
26    for travel expenses incurred while fulfilling the



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1    responsibilities of the Advisory Board.
2    (i) On the effective date of this amendatory Act of the
399th General Assembly, the terms of office of the members of
4the Advisory Board serving on that effective date shall
5terminate and the Board shall be reconstituted.
6    (j) The Advisory Board shall convene at the call of the
8        (1) to examine debilitating conditions or diseases
9    that would benefit from the medical use of cannabis; and
10        (2) to review new medical and scientific evidence
11    pertaining to currently approved conditions.
12    (k) The Advisory Board shall issue an annual report of its
13activities each year.
14    (l) The Advisory Board shall receive administrative
15support from the Department.
16(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
17    (410 ILCS 130/57 new)
18    Sec. 57. Qualifying patients under 18. Qualifying patients
19that are under the age of 18 years shall not be prohibited from
20having 2 designated caregivers as follows: if both biological
21parents or 2 legal guardians of a qualifying patient under 18
22both have significant decision-making responsibilities over
23the qualifying patient, then both may serve as a designated
24caregiver if they otherwise meet the definition of "designated
25caregiver" under Section 10; however, if only one biological



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1parent or legal guardian has significant decision-making
2responsibilities for the qualifying patient under 18, then he
3or she may appoint a second designated caregiver who meets the
4definition of "designated caregiver" under Section 10.
5    (410 ILCS 130/60)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 60. Issuance of registry identification cards.
8    (a) Except as provided in subsection (b), the Department of
9Public Health shall:
10        (1) verify the information contained in an application
11    or renewal for a registry identification card submitted
12    under this Act, and approve or deny an application or
13    renewal, within 30 days of receiving a completed
14    application or renewal application and all supporting
15    documentation specified in Section 55;
16        (2) issue registry identification cards to a
17    qualifying patient and his or her designated caregiver, if
18    any, within 15 business days of approving the application
19    or renewal;
20        (3) enter the registry identification number of the
21    registered dispensing organization the patient designates
22    into the verification system; and
23        (4) allow for an electronic application process, and
24    provide a confirmation by electronic or other methods that
25    an application has been submitted.



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1    (b) The Department of Public Health may not issue a
2registry identification card to a qualifying patient who is
3under 18 years of age, unless that patient suffers from
4seizures, including those characteristic of epilepsy, or as
5provided by administrative rule. The Department of Public
6Health shall adopt rules for the issuance of a registry
7identification card for qualifying patients who are under 18
8years of age and suffering from seizures, including those
9characteristic of epilepsy. The Department of Public Health may
10adopt rules to allow other individuals under 18 years of age to
11become registered qualifying patients under this Act with the
12consent of a parent or legal guardian. Registered qualifying
13patients under 18 years of age shall be prohibited from
14consuming forms of cannabis other than medical cannabis infused
15products and purchasing any usable cannabis.
16    (c) A veteran who has received treatment at a VA hospital
17is deemed to have a bona fide physician-patient relationship
18with a VA physician if the patient has been seen for his or her
19debilitating medical condition at the VA hospital in accordance
20with VA hospital protocols. All reasonable inferences
21regarding the existence of a bona fide physician-patient
22relationship shall be drawn in favor of an applicant who is a
23veteran and has undergone treatment at a VA hospital.
24    (c-10) An individual who submits an application as someone
25who is terminally ill shall have all fees and fingerprinting
26requirements waived. The Department of Public Health shall



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1within 30 days after this amendatory Act of the 99th General
2Assembly adopt emergency rules to expedite approval for
3terminally ill individuals. These rules shall include, but not
4be limited to, rules that provide that applications by
5individuals with terminal illnesses shall be approved or denied
6within 14 days of their submission.
7    (d) Upon the approval of the registration and issuance of a
8registry card under this Section, the Department of Public
9Health shall forward the designated caregiver or registered
10qualified patient's driver's registration number to the
11Secretary of State and certify that the individual is permitted
12to engage in the medical use of cannabis. For the purposes of
13law enforcement, the Secretary of State shall make a notation
14on the person's driving record stating the person is a
15registered qualifying patient who is entitled to the lawful
16medical use of cannabis. If the person no longer holds a valid
17registry card, the Department shall notify the Secretary of
18State and the Secretary of State shall remove the notation from
19the person's driving record. The Department and the Secretary
20of State may establish a system by which the information may be
21shared electronically.
22    (e) Upon the approval of the registration and issuance of a
23registry card under this Section, the Department of Public
24Health shall electronically forward the registered qualifying
25patient's identification card information to the Prescription
26Monitoring Program established under the Illinois Controlled



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1Substances Act and certify that the individual is permitted to
2engage in the medical use of cannabis. For the purposes of
3patient care, the Prescription Monitoring Program shall make a
4notation on the person's prescription record stating that the
5person is a registered qualifying patient who is entitled to
6the lawful medical use of cannabis. If the person no longer
7holds a valid registry card, the Department of Public Health
8shall notify the Prescription Monitoring Program and
9Department of Human Services to remove the notation from the
10person's record. The Department of Human Services and the
11Prescription Monitoring Program shall establish a system by
12which the information may be shared electronically. This
13confidential list may not be combined or linked in any manner
14with any other list or database except as provided in this
16    (f) All applicants for a registry card shall be
17fingerprinted as part of the application process if they are a
18first-time applicant, if their registry card has already
19expired, or if they previously have had their registry card
20revoked or otherwise denied. At renewal, cardholders whose
21registry cards have not yet expired, been revoked, or otherwise
22denied shall not be subject to fingerprinting. Registry cards
23shall be revoked by the Department of Public Health if the
24Department of Public Health is notified by the Secretary of
25State that a cardholder has been convicted of an excluded
26offense. For purposes of enforcing this subsection, the



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1Department of Public Health and Secretary of State shall
2establish a system by which violations reported to the
3Secretary of State under paragraph 18 of subsection (a) of
4Section 6-205 of the Illinois Vehicle Code shall be shared with
5the Department of Public Health.
6(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
7    (410 ILCS 130/70)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 70. Registry identification cards.
10    (a) A registered qualifying patient or designated
11caregiver must keep their registry identification card in his
12or her possession at all times when engaging in the medical use
13of cannabis.
14    (b) Registry identification cards shall contain the
16        (1) the name of the cardholder;
17        (2) a designation of whether the cardholder is a
18    designated caregiver or qualifying patient;
19        (3) the date of issuance and expiration date of the
20    registry identification card;
21        (4) a random alphanumeric identification number that
22    is unique to the cardholder;
23        (5) if the cardholder is a designated caregiver, the
24    random alphanumeric identification number of the
25    registered qualifying patient the designated caregiver is



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1    receiving the registry identification card to assist; and
2        (6) a photograph of the cardholder, if required by
3    Department of Public Health rules.
4    (c) To maintain a valid registration identification card, a
5registered qualifying patient and caregiver must annually
6resubmit, at least 45 days prior to the expiration date stated
7on the registry identification card, a completed renewal
8application, renewal fee, and accompanying documentation as
9described in Department of Public Health rules. The Department
10of Public Health shall send a notification to a registered
11qualifying patient or registered designated caregiver 90 days
12prior to the expiration of the registered qualifying patient's
13or registered designated caregiver's identification card. If
14the Department of Public Health fails to grant or deny a
15renewal application received in accordance with this Section,
16then the renewal is deemed granted and the registered
17qualifying patient or registered designated caregiver may
18continue to use the expired identification card until the
19Department of Public Health denies the renewal or issues a new
20identification card.
21    (d) Except as otherwise provided in this Section, the
22expiration date is 3 years one year after the date of issuance.
23    (e) The Department of Public Health may electronically
24store in the card any or all of the information listed in
25subsection (b), along with the address and date of birth of the
26cardholder and the qualifying patient's designated dispensary



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1organization, to allow it to be read by law enforcement agents.
2(Source: P.A. 98-122, eff. 1-1-14.)
3    (410 ILCS 130/75)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 75. Notifications to Department of Public Health and
6responses; civil penalty.
7    (a) The following notifications and Department of Public
8Health responses are required:
9        (1) A registered qualifying patient shall notify the
10    Department of Public Health of any change in his or her
11    name or address, or if the registered qualifying patient
12    ceases to have his or her debilitating medical condition,
13    within 10 days of the change.
14        (2) A registered designated caregiver shall notify the
15    Department of Public Health of any change in his or her
16    name or address, or if the designated caregiver becomes
17    aware the registered qualifying patient passed away,
18    within 10 days of the change.
19        (3) Before a registered qualifying patient changes his
20    or her designated caregiver, the qualifying patient must
21    notify the Department of Public Health.
22        (4) If a cardholder loses his or her registry
23    identification card, he or she shall notify the Department
24    within 10 days of becoming aware the card has been lost.
25    (b) When a cardholder notifies the Department of Public



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



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