Full Text of SB2568 94th General Assembly
SB2568sam002 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/28/2006
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| AMENDMENT TO SENATE BILL 2568
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| AMENDMENT NO. ______. Amend Senate Bill 2568, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Cannabis Control Act is amended by changing | 6 |
| Sections 3 and 8 and by adding the heading of Article 1 and the | 7 |
| heading of Article 2 and Sections 205, 210, 215, 220, 225, 230, | 8 |
| 235, 240, 245, and 250 as follows: | 9 |
| (720 ILCS 550/Art. 1 heading new) | 10 |
| ARTICLE 1. CANNABIS CONTROL
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| (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
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| Sec. 3. As used in this Act, unless the context otherwise | 13 |
| requires:
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| (a) "Cannabis" includes marihuana, hashish and other | 15 |
| substances which
are identified as including any parts of the | 16 |
| plant Cannabis Sativa, whether
growing or not; the seeds | 17 |
| thereof, the resin extracted from any part of
such plant; and | 18 |
| any compound, manufacture, salt, derivative, mixture, or
| 19 |
| preparation of such plant, its seeds, or resin, including | 20 |
| tetrahydrocannabinol
(THC) and all other cannabinol | 21 |
| derivatives, including its naturally occurring
or | 22 |
| synthetically produced ingredients, whether produced directly | 23 |
| or indirectly
by extraction, or independently by means of |
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| chemical synthesis or by a
combination
of extraction and | 2 |
| chemical synthesis; but shall not include the mature stalks
of | 3 |
| such plant, fiber produced from such stalks, oil or cake made | 4 |
| from the
seeds of such plant, any other compound, manufacture, | 5 |
| salt, derivative,
mixture, or preparation of such mature stalks | 6 |
| (except the resin extracted
therefrom), fiber, oil or cake, or | 7 |
| the sterilized seed of such plant which
is incapable of | 8 |
| germination.
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| (b) "Casual delivery" means the delivery of not more than | 10 |
| 10 grams of
any substance containing cannabis without | 11 |
| consideration.
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| (c) For purposes of Article 1, "Department" means the | 13 |
| Illinois Department of Human Services (as
successor to the | 14 |
| Department of Alcoholism and Substance Abuse) or its successor | 15 |
| agency.
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| (d) "Deliver" or "delivery" means the actual, constructive | 17 |
| or attempted
transfer of possession of cannabis, with or | 18 |
| without consideration, whether
or not there is an agency | 19 |
| relationship.
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| (e) "Department of State Police" means the Department
of | 21 |
| State Police of the State of Illinois or its successor agency.
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| (f) "Director" means the Director of the Department of | 23 |
| State Police
or his designated agent.
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| (g) "Local authorities" means a duly organized State, | 25 |
| county, or municipal
peace unit or police force.
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| (h) "Manufacture" means the production, preparation, | 27 |
| propagation,
compounding,
conversion or processing of | 28 |
| cannabis, either directly or indirectly, by
extraction from | 29 |
| substances of natural origin, or independently by means
of | 30 |
| chemical synthesis, or by a combination of extraction and | 31 |
| chemical
synthesis,
and includes any packaging or repackaging | 32 |
| of cannabis or labeling of its
container, except that this term | 33 |
| does not include the preparation, compounding,
packaging, or | 34 |
| labeling of cannabis as an incident to lawful research, |
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| teaching,
or chemical analysis and not for sale.
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| (i) "Person" means any individual, corporation, government | 3 |
| or governmental
subdivision or agency, business trust, estate, | 4 |
| trust, partnership or association,
or any other entity.
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| (j) "Produce" or "production" means planting, cultivating, | 6 |
| tending or harvesting.
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| (k) "State" includes the State of Illinois and any state, | 8 |
| district, commonwealth,
territory, insular possession thereof, | 9 |
| and any area subject to the legal
authority of the United | 10 |
| States of America.
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| (l) "Subsequent offense" means an offense under this Act, | 12 |
| the offender
of which, prior to his conviction of the offense, | 13 |
| has at any time been convicted
under this Act or under any laws | 14 |
| of the United States or of any state relating
to cannabis, or | 15 |
| any controlled substance as defined in the Illinois Controlled
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| Substances Act.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
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| Sec. 8. It is unlawful for any person knowingly to produce | 20 |
| the
cannabis sativa plant or to possess such plants or to | 21 |
| deliver such plants unless production or possession
has been | 22 |
| authorized pursuant to the provisions of Article 2
Section 11
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| of the Act.
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| (1) Any person who violates this Section with respect to | 25 |
| production or possession of:
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| (a) Not more than 5 plants is guilty of a Class A | 27 |
| misdemeanor , except that a violation under paragraph (2) of | 28 |
| this Section is a Class 4 felony .
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| (b) More than 5, but not more than 20 plants, is guilty
of | 30 |
| a Class 4 felony , except that a violation under paragraph (2) | 31 |
| of this Section is a Class 3 felony .
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| (c) More than 20, but not more than 50 plants, is
guilty of | 33 |
| a Class 3 felony , except that a violation under paragraph (2) |
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| of this Section is a Class 2 felony .
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| (d) More than 50 plants is guilty of a Class 2 felony , | 3 |
| except that a violation under paragraph (2) of this Section is | 4 |
| a Class 1 felony, for which
a fine not to exceed $100,000 may | 5 |
| be imposed and for which liability for
the cost of conducting | 6 |
| the investigation and eradicating such plants may be
assessed. | 7 |
| Compensation for expenses incurred in the enforcement of this
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| provision shall be transmitted to and deposited in the | 9 |
| treasurer's office
at the level of government represented by | 10 |
| the Illinois law enforcement
agency whose officers or employees | 11 |
| conducted the investigation or caused
the arrest or arrests | 12 |
| leading to the prosecution, to be subsequently made
available | 13 |
| to that law enforcement agency as expendable receipts for use | 14 |
| in
the enforcement of laws regulating controlled substances and | 15 |
| cannabis. If
such seizure was made by a combination of law | 16 |
| enforcement personnel
representing different levels of | 17 |
| government, the court levying the
assessment shall determine | 18 |
| the allocation of such assessment. The proceeds
of assessment | 19 |
| awarded to the State treasury shall be deposited in a special
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| fund known as the Drug Traffic Prevention Fund. | 21 |
| (2) Any person authorized pursuant to the provisions of | 22 |
| Article 2 of this Act to produce or possess the cannabis sativa | 23 |
| plant, who knowingly produces the cannabis sativa plant or | 24 |
| possesses such plants or delivers such plants except as | 25 |
| provided for in Article 2, is guilty of violating this Section. | 26 |
| Any violation of this paragraph (2) shall be punished according | 27 |
| to the number of plants involved in the violation as provided | 28 |
| in paragraph (1) of this Section.
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| (Source: P.A. 84-1233.)
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| (720 ILCS 550/Art. 2 heading new) | 31 |
| ARTICLE 2. MEDICAL CANNABIS | 32 |
| (720 ILCS 550/205 new) |
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| Sec. 205. Findings. | 2 |
| (a) Modern medical research has discovered beneficial uses | 3 |
| for cannabis in treating or alleviating the pain, nausea, and | 4 |
| other symptoms associated with certain debilitating medical | 5 |
| conditions, as found by the National Academy of Sciences' | 6 |
| Institute of Medicine in March 1999. | 7 |
| (b) Although federal law currently prohibits any use of | 8 |
| cannabis, the laws of Alaska, California, Colorado, Hawaii, | 9 |
| Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, and | 10 |
| Washington permit the medical use and cultivation of cannabis. | 11 |
| Illinois joins in this effort for the health and welfare of its | 12 |
| citizens.
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| (c) State law should make a distinction between the medical | 14 |
| and non-medical use of cannabis. Hence, the purpose of this | 15 |
| Article 2 is to protect patients with debilitating medical | 16 |
| conditions, and their practitioners and primary caregivers, | 17 |
| from arrest and prosecution, criminal and other penalties, and | 18 |
| property forfeiture if such patients engage in the medical use | 19 |
| of cannabis.
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| (d) The people of the State of Illinois declare that they | 21 |
| enact this Article 2 pursuant to the police power to protect | 22 |
| the health of its citizens that is reserved to the State of | 23 |
| Illinois and its people under the Tenth Amendment to the United | 24 |
| States Constitution.
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| (720 ILCS 550/210 new) | 26 |
| Sec. 210. Definitions. The following terms, as used in this | 27 |
| Article, shall have the meanings set forth in this Section: | 28 |
| "Debilitating medical condition" means:
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| (1) cancer, glaucoma, positive status for human | 30 |
| immunodeficiency virus, acquired immune deficiency | 31 |
| syndrome, or Hepatitis C;
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| (2) a chronic or debilitating disease or medical | 33 |
| condition that produces one or more of the following: |
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| cachexia or wasting syndrome; severe or chronic pain; | 2 |
| severe nausea; seizures, including but not limited to those | 3 |
| characteristic of epilepsy; severe and persistent muscle | 4 |
| spasms, including but not limited to those characteristic | 5 |
| of multiple sclerosis and Crohn's disease; or agitation of | 6 |
| Alzheimer's disease; or
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| (3) any other medical condition approved by the | 8 |
| Department, as provided for in subsection (a) of Section | 9 |
| 220.
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| For purposes of Article 2, "Department" means the | 11 |
| Department of Public Health. | 12 |
| "Cannabis" has the meaning given that term in Section 3 of | 13 |
| this Act. | 14 |
| "Indoor locked facility" means a building, closet, room, or | 15 |
| other indoor area equipped with locks or other security devices | 16 |
| that permit access only by a registered caregiver or registered | 17 |
| patient. | 18 |
| "Medical use" means the acquisition, possession, | 19 |
| cultivation, manufacture, use, delivery, transfer, or | 20 |
| transportation of cannabis or paraphernalia relating to the | 21 |
| consumption of cannabis to alleviate a registered qualifying | 22 |
| patient's debilitating medical condition or symptoms | 23 |
| associated with the medical condition. | 24 |
| "Practitioner" means a physician licensed to practice | 25 |
| medicine in all its branches, an advanced practice nurse who | 26 |
| has a written collaborative agreement with the physician that | 27 |
| authorizes the provision of written certifications under this | 28 |
| Article 2, or a physician assistant who has been delegated the | 29 |
| authority to provide written certifications under this Article | 30 |
| 2. | 31 |
| "Primary caregiver" means a person who is at least 18 years | 32 |
| old and who has agreed to assist with a person's medical use of | 33 |
| cannabis. A primary caregiver may assist no more than 3 | 34 |
| qualifying patients with their medical use of cannabis.
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| "Qualifying patient" means a person who has been diagnosed | 2 |
| by a practitioner as having a debilitating medical condition. | 3 |
| "Registry identification card" means a document issued by | 4 |
| the Department that identifies a person as a qualifying patient | 5 |
| or primary caregiver. | 6 |
| "Usable cannabis" means the dried leaves and flowers of the | 7 |
| cannabis plant, and any mixture or preparation thereof, but | 8 |
| does not include the seeds, stalks, and roots of the plant. | 9 |
| "Written certification" means the qualifying patient's | 10 |
| medical records, or a statement signed by a practitioner, | 11 |
| stating that in the practitioner's professional opinion the | 12 |
| potential benefits of the medical use of cannabis would likely | 13 |
| outweigh the health risks for the qualifying patient. A written | 14 |
| certification shall only be made in the course of a bona fide | 15 |
| practitioner-patient relationship after the practitioner has | 16 |
| completed a full assessment of the qualifying patient's medical | 17 |
| history. The written certification shall specify the | 18 |
| qualifying patient's debilitating medical condition or | 19 |
| conditions.
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| (720 ILCS 550/215 new) | 21 |
| Sec. 215. Protections for the medical use of cannabis. | 22 |
| (a) A qualifying patient who has in his or her possession a | 23 |
| registry identification card shall not be subject to arrest, | 24 |
| prosecution, or penalty in any manner, or denied any right or | 25 |
| privilege, including but not limited to civil penalty or | 26 |
| disciplinary action by a business or occupational or | 27 |
| professional licensing board or bureau, for the medical use of | 28 |
| cannabis, provided that the qualifying patient possesses an | 29 |
| amount of cannabis that does not exceed 8 cannabis plants and | 30 |
| two and one-half ounces of usable cannabis, which must be grown | 31 |
| in an indoor locked facility. | 32 |
| (b) A primary caregiver who has in his or her possession a | 33 |
| registry identification card shall not be subject to arrest, |
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| prosecution, or penalty in any manner, or denied any right or | 2 |
| privilege, including but not limited to civil penalty or | 3 |
| disciplinary action by a business or occupational or | 4 |
| professional licensing board or bureau, for assisting a | 5 |
| qualifying patient to whom he or she is connected through the | 6 |
| Department's registration process with the medical use of | 7 |
| cannabis, provided that the primary caregiver possesses an | 8 |
| amount of cannabis that does not exceed 8 cannabis plants and | 9 |
| two and one-half ounces of usable cannabis for each qualifying | 10 |
| patient to whom he or she is connected through the Department's | 11 |
| registration process, which must be grown in an indoor locked | 12 |
| facility. | 13 |
| (c) No school, employer, or landlord may refuse to enroll, | 14 |
| employ, lease to, or otherwise penalize a person solely for his | 15 |
| or her status as a registered qualifying patient or a | 16 |
| registered primary caregiver. | 17 |
| (d) There shall exist a presumption that a qualifying | 18 |
| patient or primary caregiver is engaged in the medical use of | 19 |
| cannabis if the qualifying patient or primary caregiver: | 20 |
| (1) is in possession of a registry identification card; | 21 |
| and | 22 |
| (2) is in possession of an amount of cannabis that does | 23 |
| not exceed the amount permitted under this Article 2. Such | 24 |
| presumption may be rebutted by evidence that conduct | 25 |
| related to cannabis was not for the purpose of alleviating | 26 |
| the qualifying patient's debilitating medical condition or | 27 |
| symptoms associated with the medical condition. | 28 |
| (e) A primary caregiver may receive reimbursement for costs | 29 |
| associated with assisting with a registered qualifying | 30 |
| patient's medical use of cannabis. Compensation shall not | 31 |
| constitute sale of controlled substances. | 32 |
| (f) A practitioner shall not be subject to arrest, | 33 |
| prosecution, or penalty in any manner, or denied any right or | 34 |
| privilege, including but not limited to civil penalty or |
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| disciplinary action by the Medical Disciplinary Board or by | 2 |
| another business or occupational or professional licensing | 3 |
| board or bureau
solely for providing written certifications or | 4 |
| for otherwise stating that, in the practitioner's professional | 5 |
| opinion, the potential benefits of the medical cannabis would | 6 |
| likely outweigh the health risks for a patient. | 7 |
| Any interest in or right to property that is possessed, | 8 |
| owned, or used in connection with the medical use of cannabis, | 9 |
| or acts incidental to such use, shall not be forfeited. | 10 |
| (g) No person shall be subject to arrest or prosecution for | 11 |
| constructive possession, conspiracy, aiding and abetting, | 12 |
| being an accessory, or any other offense for simply being in | 13 |
| the presence or vicinity of the medical use of cannabis as | 14 |
| permitted under this Article 2 or for assisting a registered | 15 |
| qualifying patient with using or administering cannabis. | 16 |
| (h) A registry identification card, or its equivalent, | 17 |
| issued under the laws of another state, U.S. territory, or the | 18 |
| District of Columbia to permit the medical use of cannabis by a | 19 |
| qualifying patient, or to permit a person to assist with a | 20 |
| qualifying patient's medical use of cannabis, shall have the | 21 |
| same force and effect as a registry identification card issued | 22 |
| by the Department.
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| (720 ILCS 550/220 new) | 24 |
| Sec. 220. Department to adopt rules. | 25 |
| (a) Not later than 90 days after the effective date of this | 26 |
| Article 2, the Department shall, with notice to the Department | 27 |
| of State Police, adopt rules governing the manner in which it | 28 |
| shall consider petitions from the public to add debilitating | 29 |
| medical conditions to those included in this Article 2. In | 30 |
| considering such petitions, the Department shall include | 31 |
| public notice of, and an opportunity to comment in a public | 32 |
| hearing upon, such petitions. The Department shall, after | 33 |
| hearing, approve or deny such petitions within 180 days after |
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| submission. The approval or denial of such a petition shall be | 2 |
| considered a final Department action, subject to judicial | 3 |
| review. Jurisdiction and venue for judicial review are vested | 4 |
| in the circuit court. The denial of a petition shall not | 5 |
| disqualify qualifying patients with that condition if they have | 6 |
| a debilitating medical condition. The denial of a petition | 7 |
| shall not prevent a person with the denied condition from | 8 |
| raising an affirmative defense. | 9 |
| (b) Not later than 90 days after the effective date of this | 10 |
| Article 2, the Department shall adopt rules governing the | 11 |
| manner in which it shall consider applications for and renewals | 12 |
| of registry identification cards for qualifying patients and | 13 |
| primary caregivers. The Department's rules shall establish | 14 |
| application and renewal fees that generate revenues sufficient | 15 |
| to offset all expenses of implementing and administering this | 16 |
| Article 2. The fee shall include an additional $2 per registry | 17 |
| identification card which shall be allocated to drug treatment | 18 |
| and prevention. The Department may vary the application and | 19 |
| renewal fees along a sliding scale that accounts for a | 20 |
| qualifying patient's income. The Department may accept | 21 |
| donations from private sources in order to reduce the | 22 |
| application and renewal fees. | 23 |
| (720 ILCS 550/225 new) | 24 |
| Sec. 225. Administering the Department's rules. | 25 |
| (a) The Department shall issue registry identification | 26 |
| cards to qualifying patients who submit the following, in | 27 |
| accordance with the Department's rules: | 28 |
| (1) written certification; | 29 |
| (2) application or renewal fee; | 30 |
| (3) name, address, and date of birth of the qualifying | 31 |
| patient, except that if the applicant is homeless, no | 32 |
| address is required; | 33 |
| (4) name, address, and telephone number of the |
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| qualifying patient's practitioner; and | 2 |
| (5) name, address, and date of birth of the primary | 3 |
| caregiver of the qualifying patient, if any.
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| (b) The Department shall not issue a registry | 5 |
| identification card to a qualifying patient under the age of 18 | 6 |
| unless: | 7 |
| (1) The qualifying patient's practitioner has | 8 |
| explained the potential risks and benefits of the medical | 9 |
| use of cannabis to the qualifying patient and to a parent, | 10 |
| guardian, or person having legal custody of the qualifying | 11 |
| patient; and | 12 |
| (2) A parent, guardian, or person having legal custody | 13 |
| consents in writing to: | 14 |
| (A) allow the qualifying patient's medical use of | 15 |
| cannabis; | 16 |
| (B) serve as the qualifying patient's primary | 17 |
| caregiver; and | 18 |
| (C) control the acquisition of the cannabis, the | 19 |
| dosage, and the frequency of the medical use of | 20 |
| cannabis by the qualifying patient.
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| (c) The Department shall verify the information contained | 22 |
| in an application or renewal submitted pursuant to this | 23 |
| Section, and shall approve or deny an application or renewal | 24 |
| within 15 days of receiving it. The Department may deny an | 25 |
| application or renewal only if the applicant did not provide | 26 |
| the information required pursuant to this Section, or if the | 27 |
| Department determines that the information provided was | 28 |
| falsified. Rejection of an application or renewal is considered | 29 |
| a final Department action, subject to judicial review under the | 30 |
| Administrative Review Law. Jurisdiction and venue for judicial | 31 |
| review are vested in the circuit court. | 32 |
| (d) The Department shall issue a registry identification | 33 |
| card to the primary caregiver, if any, who is named in a | 34 |
| qualifying patient's approved application. No more than one |
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| primary caregiver may be named in a qualifying patient's | 2 |
| application. | 3 |
| (e) The Department shall issue registry identification | 4 |
| cards within 5 days of approving an application or renewal, | 5 |
| which shall expire one year after the date of issuance. | 6 |
| Registry identification cards shall contain: | 7 |
| (1) the name, address, and date of birth of the | 8 |
| qualifying patient; | 9 |
| (2) the name, address, and date of birth of the primary | 10 |
| caregiver of the qualifying patient, if any;
| 11 |
| (3) the date of issuance and expiration date of the | 12 |
| registry identification card; | 13 |
| (4) a unique random registry identification number; | 14 |
| and | 15 |
| (5) a recent photograph. | 16 |
| (f)(1) A qualifying patient who has been issued a | 17 |
| registry identification card shall notify the Department | 18 |
| of any change in the qualifying patient's name, address, or | 19 |
| primary caregiver, or if the qualifying patient ceases to | 20 |
| have his or her debilitating medical condition, within 10 | 21 |
| days of such change. | 22 |
| (2) A registered qualifying patient who fails to notify | 23 |
| the Department of any of these changes is responsible for a | 24 |
| civil infraction, punishable by a fine of no more than | 25 |
| $150. If the person has ceased to suffer from a | 26 |
| debilitating medical condition, the card shall be deemed | 27 |
| null and void and the person shall be liable for any other | 28 |
| penalties that may apply to the person's non-medical use of | 29 |
| cannabis. | 30 |
| (3) A registered primary caregiver shall notify the | 31 |
| Department of any change in his or her name or address | 32 |
| within 10 days of such change. A primary caregiver who | 33 |
| fails to notify the Department of any of these changes is | 34 |
| responsible for a civil infraction, punishable by a fine of |
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| no more than $150. | 2 |
| (4) When a qualifying patient or primary caregiver | 3 |
| notifies the Department of any changes listed in this | 4 |
| subsection (f), the Department shall issue the registered | 5 |
| qualifying patient and the primary caregiver a new registry | 6 |
| identification card within 10 days of receiving the updated | 7 |
| information and a $10 fee. | 8 |
| (5) When a qualifying patient who possesses a registry | 9 |
| identification card changes his or her primary caregiver, | 10 |
| the Department shall notify the primary caregiver within 10 | 11 |
| days. The primary caregiver's protections as provided in | 12 |
| this Article 2 shall expire 10 days after notification by | 13 |
| the Department.
| 14 |
| (6) If a registered qualifying patient or a primary | 15 |
| caregiver loses his or her registry identification card, he | 16 |
| or she shall notify the Department and submit a $10 fee | 17 |
| within 10 days of losing the card. Within 5 days, the | 18 |
| Department shall issue a new registry identification card | 19 |
| with a new random identification number. | 20 |
| (g) Possession of, or application for, a registry | 21 |
| identification card does not constitute probable cause or | 22 |
| reasonable suspicion, nor may it be used to support the search | 23 |
| of the person or property of the person possessing or applying | 24 |
| for the registry identification card, or otherwise subject the | 25 |
| person or property of the person to inspection by any | 26 |
| governmental agency. | 27 |
| (h)(1) Applications and supporting information | 28 |
| submitted by qualifying patients, including information | 29 |
| regarding their primary caregivers and practitioners, are | 30 |
| confidential and protected under the federal Health | 31 |
| Insurance Portability and Accountability Act of 1996 and | 32 |
| when applicable, the AIDS Confidentiality Act. | 33 |
| (2) The Department shall maintain a confidential list | 34 |
| of the
persons to whom the Department has issued registry |
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| identification cards. Individual names and other | 2 |
| identifying information on the list shall be confidential, | 3 |
| exempt from the Freedom of Information Act, and not subject | 4 |
| to disclosure, except to authorized employees of the | 5 |
| Department as necessary to perform official duties of the | 6 |
| Department. | 7 |
| (3) The Department shall make available to law | 8 |
| enforcement personnel a secure website whereby law | 9 |
| enforcement can determine whether a registry | 10 |
| identification card is valid solely by entering the random | 11 |
| identification number. The secure website shall return | 12 |
| data as it appears on the registry identification card, | 13 |
| which includes the digital photo used on the card, name, | 14 |
| address, and date of birth. | 15 |
| (4) It is a Class B misdemeanor for any person, | 16 |
| including an employee or official of the Department or | 17 |
| another State agency or local government, to breach the | 18 |
| confidentiality of information obtained pursuant to this | 19 |
| Article 2. Notwithstanding this provision, Department | 20 |
| employees may notify law enforcement about falsified or | 21 |
| fraudulent information submitted to the Department. | 22 |
| (i) The Department shall report annually to the General | 23 |
| Assembly on the number of applications for registry | 24 |
| identification cards, the number of qualifying patients and | 25 |
| primary caregivers approved, the nature of the debilitating | 26 |
| medical conditions of the qualifying patients, the number of | 27 |
| registry identification cards revoked, and the number of | 28 |
| practitioners providing written certification for qualifying | 29 |
| patients. The Department shall not provide any information | 30 |
| identifying qualifying patients, primary caregivers, or | 31 |
| practitioners.
| 32 |
| (720 ILCS 550/230 new) | 33 |
| Sec. 230. Scope of Article 2. |
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| (a) This Article 2 does not permit: | 2 |
| (1) any person to undertake any task under the | 3 |
| influence of cannabis, when doing so would constitute | 4 |
| negligence or professional malpractice; | 5 |
| (2) the smoking of cannabis: | 6 |
| (A) in a school bus or other form of public | 7 |
| transportation; | 8 |
| (B) on any school grounds; | 9 |
| (C) in any correctional facility; or | 10 |
| (D) in any public place; and | 11 |
| (3) any person to operate, navigate, or be in actual | 12 |
| physical control of any motor vehicle, aircraft, or | 13 |
| motorboat while under the influence of cannabis. However, a | 14 |
| registered qualifying patient may not be considered to be | 15 |
| under the influence solely for having cannabis metabolites | 16 |
| in his or her system. | 17 |
| (b) Nothing in this Article 2 shall be construed to | 18 |
| require: | 19 |
| (1) a government medical assistance program or private | 20 |
| health insurer to reimburse a person for costs associated | 21 |
| with the medical use of cannabis; or | 22 |
| (2) an employer to accommodate the medical use of | 23 |
| cannabis in any workplace. | 24 |
| (720 ILCS 550/235 new) | 25 |
| Sec. 235. Affirmative defense and dismissal for medical | 26 |
| cannabis. | 27 |
| (a) Except as provided in Section 230, a person and a | 28 |
| person's primary caregiver, if any, may assert the medical | 29 |
| purpose for using cannabis as a defense to any prosecution | 30 |
| involving cannabis, and such defense shall be presumed valid | 31 |
| where the evidence shows that: | 32 |
| (1) the person's medical records indicate, or a | 33 |
| practitioner has stated that, in the practitioner's |
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| professional opinion, after having completed a full | 2 |
| assessment of the person's medical history and current | 3 |
| medical condition made in the course of a bona fide | 4 |
| practitioner-patient relationship, the potential benefits | 5 |
| of using cannabis for medical purposes would likely | 6 |
| outweigh the health risks for the person; and | 7 |
| (2) the person and the person's primary caregiver, if | 8 |
| any, were collectively in possession of a quantity of | 9 |
| cannabis that was not more than was reasonably necessary to | 10 |
| ensure the uninterrupted availability of cannabis for the | 11 |
| purpose of alleviating the person's medical condition or | 12 |
| symptoms associated with the medical condition. | 13 |
| (b) A person may assert the medical purpose for using | 14 |
| cannabis in a motion to dismiss, and the charges shall be | 15 |
| dismissed following an evidentiary hearing where the defendant | 16 |
| shows the elements listed in subsection (a) of this Section. | 17 |
| (c) Any interest in or right to property that was | 18 |
| possessed, owned, or used in connection with a person's use of | 19 |
| cannabis for medical purposes shall not be forfeited if the | 20 |
| person or the person's primary caregiver demonstrates the | 21 |
| person's medical purpose for using cannabis pursuant to this | 22 |
| Section.
| 23 |
| (720 ILCS 550/240 new) | 24 |
| Sec. 240. Enforcement of this Article 2. | 25 |
| (a) Within 30 days after the effective date of this Article | 26 |
| 2, the Department shall adopt emergency rules to implement this | 27 |
| Article 2. Within 6 months after the effective date of this | 28 |
| Article 2, a task force consisting of the Directors or their | 29 |
| designees of the Departments of Public Health and State Police | 30 |
| and the Secretary of Human Services or his or her designee; 2 | 31 |
| members of the House of Representatives appointed by the | 32 |
| Speaker of the House of Representatives; 2 members of the | 33 |
| Senate appointed by the President of the Senate; one member of |
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| the House of Representatives appointed by the House Minority | 2 |
| Leader; and one member of the Senate appointed by the Senate | 3 |
| Minority Leader shall act to implement permanent rules. In | 4 |
| addition the Speaker and the President shall appoint one person | 5 |
| each involved in patient services or advocacy. If the | 6 |
| Department fails to adopt rules to implement this Article 2 | 7 |
| within 6 months after the effective date of this Article 2, a | 8 |
| qualifying patient may commence an action in a court of | 9 |
| competent jurisdiction to compel the Department to perform the | 10 |
| actions mandated pursuant to the provisions of this Article 2. | 11 |
| (b) If the Department fails to issue a valid registry | 12 |
| identification card in response to a valid application | 13 |
| submitted pursuant to this Article 2 within 20 days of its | 14 |
| submission, the registry identification card shall be deemed | 15 |
| granted and a copy of the registry identification application | 16 |
| shall be deemed a valid registry identification card.
| 17 |
| (720 ILCS 550/245 new) | 18 |
| Sec. 245. Non-profit dispensaries. | 19 |
| (a) "Registered organization" means a non-profit entity | 20 |
| registered with the State under this Article 2 that acquires, | 21 |
| possesses, cultivates, manufactures, delivers, transfers, | 22 |
| transports, supplies, or dispenses cannabis, cultivation | 23 |
| equipment, related supplies and educational materials, or | 24 |
| cannabis seeds to registered qualifying patients. A registered | 25 |
| organization is a primary caregiver, although it may supply | 26 |
| cannabis to any number of registered qualifying patients who | 27 |
| have designated it as their primary caregiver. | 28 |
| (b)(1) The Department shall issue a registered | 29 |
| organization license within 20 days to any person who | 30 |
| complies with this Article 2, including the limitations in | 31 |
| subsection (i), and Department rules and provides the | 32 |
| following: | 33 |
| (A) a fee paid to the Department in the amount |
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| established by the Department, which shall not exceed | 2 |
| $1,000; | 3 |
| (B) the name of the registered organization; | 4 |
| (C) the physical addresses of the registered | 5 |
| organization and any other real property where | 6 |
| cannabis is to be possessed, cultivated, manufactured, | 7 |
| supplied, or dispensed relating to the operations of | 8 |
| the registered organization; and | 9 |
| (D) the name, address, date of birth, and | 10 |
| photograph of any person who is an agent of or employed | 11 |
| by the registered organization. | 12 |
| (2) The Department shall issue each agent and employee | 13 |
| of a registered organization a registry identification | 14 |
| card for a cost of $10 each within 10 days of receipt of | 15 |
| the person's identifying information and the fee. Each card | 16 |
| shall specify that the cardholder is an employee or agent | 17 |
| of a registered organization. | 18 |
| (3) Each license for a registered organization and each | 19 |
| employee or agent registry identification card shall | 20 |
| expire one year after the date of issuance. | 21 |
| (4) Not later than 90 days after the effective date of | 22 |
| this Article 2, the Department shall promulgate rules to | 23 |
| implement this Section, including the following: | 24 |
| (A) procedures for the oversight of registered | 25 |
| organizations, record-keeping and reporting | 26 |
| requirements for registered organizations, the | 27 |
| potential transfer or sale of seized cultivation | 28 |
| equipment and related supplies from law enforcement | 29 |
| agencies to registered organizations, and procedures | 30 |
| for suspending or terminating the registration of | 31 |
| registered organizations; and | 32 |
| (B) the form and content of the registration and | 33 |
| renewal applications.
| 34 |
| (c) Registered organizations shall be subject to |
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| reasonable inspection by the Department to determine that | 2 |
| applicable rules are being followed. Reasonable notice shall be | 3 |
| given prior to these inspections. | 4 |
| (d) (1) Registered organizations shall be established | 5 |
| as nonprofit entities. They shall be subject to all | 6 |
| applicable State laws governing nonprofit entities, but | 7 |
| need not be recognized as a 501(c)(3) organization by the | 8 |
| Internal Revenue Service.
| 9 |
| (2) Registered organizations may not be located within | 10 |
| 500 feet of the property line of a public school, private | 11 |
| school, or structure used primarily for religious services | 12 |
| or worship. | 13 |
| (3) The operating documents of a registered | 14 |
| organization shall include procedures for the oversight of | 15 |
| the registered organization and procedures to ensure | 16 |
| adequate record-keeping. | 17 |
| (e)(1) A registered organization shall notify the | 18 |
| Department within 10 days of when an employee or agent | 19 |
| ceases to work at the registered organization. | 20 |
| (2) The registered organization shall notify the | 21 |
| Department before a new agent or employee begins working at | 22 |
| the registered organization, in writing, and it shall | 23 |
| submit a $10 fee for that person's registry identification | 24 |
| card. | 25 |
| (f)(1) No registered organization shall be subject to | 26 |
| prosecution, search, seizure, or penalty in any manner, or | 27 |
| denied any right or privilege, including but not limited to | 28 |
| civil penalty or disciplinary action by a business or | 29 |
| occupational or professional licensing board or bureau for | 30 |
| acting in accordance with this Article 2 and the rules | 31 |
| issued pursuant to this Article 2 to assist registered | 32 |
| qualifying patients to whom it is connected through the | 33 |
| Department's registration process with the medical use of | 34 |
| cannabis, provided that the registered organization |
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| possesses an amount of cannabis which does not exceed 8 | 2 |
| cannabis plants and two and one-half ounces of usable | 3 |
| cannabis for each registered qualifying patient. | 4 |
| (2) No employees, agents, or board members of a | 5 |
| registered organization shall be subject to arrest, | 6 |
| prosecution, search, seizure, or penalty in any manner, or | 7 |
| denied any right or privilege, including but not limited to | 8 |
| civil penalty or disciplinary action by a business or | 9 |
| occupational or professional licensing board or bureau, | 10 |
| for working for a registered organization in accordance | 11 |
| with this Article 2. | 12 |
| (3) Applications and supporting information submitted | 13 |
| by registered organizations, including licenses and | 14 |
| information regarding their patients, primary caregivers, | 15 |
| agents and employees of the organization are confidential | 16 |
| and when applicable protected under the federal Health | 17 |
| Insurance Portability and Accountability Act of 1996 and | 18 |
| the AIDS Confidentiality Act. | 19 |
| (g) The registered organization is prohibited from: | 20 |
| (1) obtaining cannabis from outside the State in | 21 |
| violation of federal law; | 22 |
| (2) acquiring, possessing, cultivating, manufacturing, | 23 |
| delivering, transferring, transporting, supplying, or | 24 |
| dispensing cannabis for any purpose except to assist | 25 |
| registered qualifying patients with their medical use of | 26 |
| cannabis. | 27 |
| (h) Except as provided in this Article 2, a municipality | 28 |
| may not prevent a registered organization from operating in | 29 |
| accordance with this Article 2 in an area where zoning permits | 30 |
| retail businesses. This subsection (h) is a limitation under | 31 |
| subsection (i) of Section 6 of Article VII of the Illinois | 32 |
| Constitution on the concurrent exercise by home rule units of | 33 |
| powers and functions exercised by the State. | 34 |
| (i) The number of licenses for registered organizations |
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| that the Department issues shall be limited to one registered | 2 |
| organization license for each municipality with a population of | 3 |
| 50,000 or more, except that a municipality with a population of | 4 |
| 1,000,000 or more shall be limited to 15 registered | 5 |
| organization licenses. | 6 |
| (j) If provisions of this Article 2 establishing registered | 7 |
| organizations are enjoined or declared unconstitutional, then | 8 |
| enforcing laws against delivery of cannabis for consideration | 9 |
| to registered qualifying patients shall be the lowest priority | 10 |
| of law enforcement.
| 11 |
| (720 ILCS 550/250 new) | 12 |
| Sec. 250. Application. In the event of a conflict between | 13 |
| this Article 2 and Article 1 of this Act, the provisions of | 14 |
| this Article 2 shall control.
| 15 |
| (720 ILCS 550/11 rep.)
| 16 |
| Section 10. The Cannabis Control Act is amended by | 17 |
| repealing Section 11. | 18 |
| Section 95. Severability. The provisions of this Act are | 19 |
| severable under Section 1.31 of the Statute on Statutes.
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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