SB1381sam005 96TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/28/2009

09600SB1381sam005 LRB096 09012 RLC 25708 a

AMENDMENT TO SENATE BILL 1381

AMENDMENT NO. ______. Amend Senate Bill 1381 on page 2, line 17, by replacing "practitioners" with "physicians"; and

on page 3, by replacing line 12 with the following: "more than 2 ounces of dried usable cannabis and 6 cannabis plants, no more than 3 of which can be mature cannabis plants. As used in this subsection (a), "mature cannabis plant" means a female cannabis plant that meets one or more of the following 3 criteria: (1) has observable flowers or buds, (2) is at least 12 inches in height, or (3) is at least 12 inches in diameter."; and

by replacing lines 16 through 26 on page 3 and lines 1 through 6 on page 4 with the following:

"(b) "Debilitating medical condition" means one or more of the following:

(1) cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions;

(2) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis;

(3) a debilitating disease or medical condition or its treatment that produces intractable pain, which is severe, debilitating pain that did not respond to other reasonable medical efforts for a reasonable period of time, including in cases where other treatment options produced serious side effects;

(4) a debilitating disease or medical condition or its treatment that produces severe, debilitating nausea that did not respond to other reasonable medical efforts for a reasonable period of time, including cases where other treatment options produced serious side effects; or

(5) any other medical condition or its treatment approved by the Department, as provided for in subsection (a) of Section 20."; and

on page 5, by replacing lines 4 through 6 with the following:

"(h) "Physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all its branches who has the authority to prescribe under Article III of the Illinois Controlled Substances Act."; and

on page 5, line 17, by replacing "practitioner" with "physician"; and

on page 6, by replacing lines 4 through 15 with the following:

"(n) "Written certification" means a document signed by a physician, stating: (1) that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition; (2) that the qualifying patient has a debilitating medical condition and specifying what debilitating medical condition the qualifying patient has; and (3) that the patient is under the physician's care for the debilitating medical condition. A written certification shall be made only in the course of a bona fide physician-patient relationship after the physician has completed a full assessment of the qualifying patient's medical history."; and

on page 9, line 20, by replacing "practitioner" with "physician"; and

on page 9, line 26, by replacing "practitioner's" with "physician's"; and

on page 10, line 6, by replacing "practitioner" with "physician"; and

on page 11, by inserting immediately below line 19 the following:

"(n) For purposes of Illinois State law, the consumption or use of cannabis by a registered qualifying patient shall be considered lawful if it is authorized by and in accordance with this Act."; and

on page 12, by replacing lines 16 through 18 with the following: "Act. The fee shall include an additional $3 per registry identification card which shall be used to develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications. The Department may establish a sliding scale of"; and

on page 12, by inserting immediately below line 21 the following:

"(c) Not later than 120 days after the effective date of this Act, the Department shall promulgate rules governing the manner in which it shall consider applications for and renewals of registration certificates for medical cannabis organizations, including rules governing the form and content of registration and renewal applications, and a standard form for written certifications."; and

on page 13, line 1, by inserting after "certification" the following: ", which shall be on a form developed by the Department"; and

on page 13, line 7, by replacing "practitioner" with "physician"; and

on page 13, line 13, by replacing "practitioner" with "physician"; and

on page 15, line 14, by replacing "practitioner" with "physician"; and

on page 16, line 25, by replacing "practitioners" with "physicians"; and

on page 18, line 3, by replacing "practitioners" with "physicians"; and

on page 18, line 13, by replacing "practitioners" with "physicians"; and

on page 18, by replacing lines 15 through 24 with the following:

"(j) The Department shall develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications, which shall be funded by the $3 fees generated from registry identification cards."; and

on page 19, line 2, by inserting ", nor shall it prevent the imposition of any civil, criminal, or other penalties for any such actions" after "following"; and

on page 19, by inserting immediately below line 21 the following:

"(5) Use cannabis if that person does not have a serious or debilitating medical condition.

(6) Allow any person who is not allowed to use cannabis under this Act to use cannabis that a cardholder is allowed to possess pursuant to this Act.

(7) Transfer cannabis to any person who is not allowed to possess cannabis under this Act."; and

on page 20, by inserting immediately line 13 the following:

"(d) Nothing in this Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of cannabis where probable cause exists.

(e) This Act shall in no way limit an employer's ability to discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. This Act shall in no way limit an employer's ability to discipline an employee for failing a drug test if failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding."; and

on page 20, line 21, by replacing "practitioner" with "physician"; and

on page 20, line 22, by replacing "practitioner's" with "physician's"; and

on page 20, line 25, by replacing "practitioner-patient" with "physician-patient"; and

on page 27, line 7, by replacing "reasonable" with "random"; and

by replacing lines 15 through 24 on page 30 and lines 1 through 13 on page 31 with the following:

"(a) By July 1, 2010, the Department shall adopt rules defining the quantity of cannabis that could reasonably be presumed to be a 60-day supply for qualifying patients.

(b) During the rule-making process, the Department shall make a good faith effort to include all stakeholders identified in the rule-making analysis as being impacted by the rule.

(c) Stakeholders shall include, but are not limited to:

(1) at least 3 physicians, one of whom must have prior experience treating medical cannabis patients and another who specializes in oncology;

(2) 2 nurses, one of whom must have prior experience treating HIV/AIDS patients;

(3) a representative from hospice;

(4) a representative from the law enforcement community;

(5) the Director of State Police or his or her designee;

(6) a prosecuting attorney currently employed by the State of Illinois;

(7) a public defender currently employed by the State of Illinois;

(8) a defense attorney in private practice;

(9) a licensed phlebotomist;

(10) a horticulturist; and

(11) a representative of the business community."; and

on page 34, by inserting immediately below line 5 the following:

"(3) Any registered qualifying patient or registered primary caregiver who distributes cannabis to someone who is not allowed to use cannabis is subject to a penalty enhancement of not more than 2 years in prison or a fine of not more than $2,000, or both, for abuse of the Compassionate Use of Medical Cannabis Pilot Program Act.".