Full Text of HB0030 97th General Assembly
HB0030ham001 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/8/2011
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| 1 | | AMENDMENT TO HOUSE BILL 30
| 2 | | AMENDMENT NO. ______. Amend House Bill 30 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Compassionate Use of Medical Cannabis Pilot Program Act. | 6 | | Section 5. Findings. | 7 | | (a) The recorded use of cannabis as a medicine goes back | 8 | | nearly 5,000 years. Modern medical research has confirmed the | 9 | | beneficial uses of cannabis in treating or alleviating the | 10 | | pain, nausea, and other symptoms associated with a variety of | 11 | | debilitating medical conditions, including cancer, multiple | 12 | | sclerosis, and HIV/AIDS, as found by the National Academy of | 13 | | Sciences' Institute of Medicine in March 1999. | 14 | | (b) Studies published since the 1999 Institute of Medicine | 15 | | report continue to show the therapeutic value of cannabis in | 16 | | treating a wide array of debilitating medical conditions. These |
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| 1 | | include relief of the neuropathic pain caused by multiple | 2 | | sclerosis, HIV/AIDS, and other illnesses that often fail to | 3 | | respond to conventional treatments and relief of nausea, | 4 | | vomiting, and other side effects of drugs used to treat | 5 | | HIV/AIDS and hepatitis C, increasing the chances of patients | 6 | | continuing on life-saving treatment regimens. | 7 | | (c) Cannabis has many currently accepted medical uses in | 8 | | the United States, having been recommended by thousands of | 9 | | licensed physicians to at least 600,000 patients in states with | 10 | | medical cannabis laws. The medical utility of cannabis is | 11 | | recognized by a wide range of medical and public health | 12 | | organizations, including the American Academy of HIV Medicine, | 13 | | the American College of Physicians, the American Nurses | 14 | | Association, the American Public Health Association, the | 15 | | Leukemia & Lymphoma Society, and many others. | 16 | | (d) Data from the Federal Bureau of Investigation's Uniform | 17 | | Crime Reports and the Compendium of Federal Justice Statistics | 18 | | show that approximately 99 out of every 100 cannabis arrests in | 19 | | the U.S. are made under State law, rather than under federal | 20 | | law. Consequently, changing State law will have the practical | 21 | | effect of protecting from arrest the vast majority of seriously | 22 | | ill patients who have a medical need to use cannabis. | 23 | | (e) Alaska, Arizona, California, Colorado, Hawaii, Maine, | 24 | | Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, | 25 | | Vermont, Rhode Island, Washington State, and Washington, D.C. | 26 | | have removed state-level criminal penalties from the medical |
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| 1 | | use and cultivation of cannabis. Illinois joins in this effort | 2 | | for the health and welfare of its citizens. | 3 | | (f) States are not required to enforce federal law or | 4 | | prosecute people for engaging in activities prohibited by | 5 | | federal law. Therefore, compliance with this act does not put | 6 | | the state of Illinois in violation of federal law. | 7 | | (g) State law should make a distinction between the medical | 8 | | and non-medical uses of cannabis. Hence, the purpose of this | 9 | | Act is to protect patients with debilitating medical | 10 | | conditions, as well as their physicians and providers, from | 11 | | arrest and prosecution, criminal and other penalties, and | 12 | | property forfeiture if such patients engage in the medical use | 13 | | of cannabis. | 14 | | Section 10. Definitions. The following terms, as used in | 15 | | this Act, shall have the meanings set forth in this Section: | 16 | | (a) "Adequate supply" means: | 17 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 18 | | days and that is derived solely from an intrastate source; | 19 | | (2) Subject to the rules of the Department, a patient | 20 | | may apply for a waiver where a physician provides a | 21 | | substantial medical basis in a signed, written statement | 22 | | asserting that, based on the patient's medical history, in | 23 | | the physician's professional judgment, 2.5 ounces is an | 24 | | insufficient adequate supply for a 14-day period to | 25 | | properly alleviate the patient's debilitating medical |
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| 1 | | condition or symptoms associated with the debilitating | 2 | | medical condition.
| 3 | | (b) "Cannabis" has the meaning given that term in Section 3 | 4 | | of the Cannabis Control Act. | 5 | | (c) "Cardholder" means a qualifying patient or a designated | 6 | | caregiver who has been issued and possesses a valid registry | 7 | | identification card. | 8 | | (d) "Debilitating medical condition" means one or more of | 9 | | the following: | 10 | | (1) cancer, glaucoma, positive status for human | 11 | | immunodeficiency virus, acquired immune deficiency | 12 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 13 | | Crohn's disease, agitation of Alzheimer's disease, or the | 14 | | treatment of these conditions: | 15 | | (2) a chronic or debilitating disease or medical | 16 | | condition or its treatment that produces one or more of the | 17 | | following: cachexia or wasting syndrome; seizures, | 18 | | including but not limited to those characteristic of | 19 | | epilepsy; or severe and persistent muscle spasms, | 20 | | including but not limited to those characteristic of | 21 | | multiple sclerosis; | 22 | | (3) a debilitating disease or medical condition or its | 23 | | treatment that produces intractable pain, which is severe, | 24 | | debilitating pain that did not respond to other reasonable | 25 | | medical efforts for a reasonable period of time, including | 26 | | cases where other treatment options produced serious side |
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| 1 | | effects; | 2 | | (4) a debilitating disease or medical condition or its | 3 | | treatment that produces severe, debilitating nausea that | 4 | | did not respond to other reasonable medical efforts for a | 5 | | reasonable period of time, including cases where other | 6 | | treatment options produced serious side effects; or | 7 | | (5) any other debilitating medical condition or its | 8 | | treatment added by the Department, as provided for in | 9 | | subsection (d) of Section 10. | 10 | | (e) "Department" means the Department of Public Health or | 11 | | its successor agency. | 12 | | (f) "Designated caregiver" means a person who: | 13 | | (1) is at least 21 years of age; | 14 | | (2) has agreed to assist with a patient's medical use | 15 | | of cannabis; | 16 | | (3) has not been convicted of an excluded offense; and | 17 | | (4) assists no more than one qualifying patient with | 18 | | his or her medical use of cannabis. | 19 | | (g) "Enclosed, locked facility" means a closet, room, | 20 | | greenhouse, building, or other enclosed area equipped with | 21 | | locks or other security devices that permit access only by a | 22 | | nonprofit medical cannabis organization's agents working for | 23 | | the registered nonprofit medical cannabis organization to | 24 | | cultivate the plants for a registered qualifying patient. | 25 | | (h) "Excluded offense" means: | 26 | | (1) a violent crime defined in Section 3 of the Rights |
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| 1 | | of Crime Victims and Witnesses Act or a substantially | 2 | | similar offense that was classified as a felony in the | 3 | | jurisdiction where the person was convicted; or | 4 | | (2) a violation of a state or federal controlled | 5 | | substance law that was classified as a felony in the | 6 | | jurisdiction where the person was convicted, except that | 7 | | the Department shall waive this restriction if the person | 8 | | demonstrates to the Department's satisfaction that his or | 9 | | her conviction was for the possession, cultivation, | 10 | | transfer, or delivery of a reasonable amount of cannabis | 11 | | intended for medical use. This exception shall not apply if | 12 | | the conviction was under state law and involved a violation | 13 | | of an existing medical cannabis law. | 14 | | (i) "Nonprofit medical cannabis organization agent" means | 15 | | a principal officer, board member, employee, or agent of a | 16 | | registered nonprofit medical cannabis organization who is 21 | 17 | | years of age or older and has not been convicted of an excluded | 18 | | offense. | 19 | | (j) "Nonprofit medical cannabis organization agent | 20 | | identification card" means a document issued by the Department | 21 | | that identifies a person as a nonprofit medical cannabis | 22 | | organization agent. | 23 | | (k) "Medical use" means the acquisition; administration; | 24 | | delivery; possession; transportation; transfer; | 25 | | transportation; or use of cannabis or paraphernalia relating to | 26 | | the administration of cannabis to treat or alleviate a |
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| 1 | | registered qualifying patient's debilitating medical condition | 2 | | or symptoms associated with the patient's debilitating medical | 3 | | condition. | 4 | | (l) "Physician" means a doctor of medicine or doctor of | 5 | | osteopathy licensed under the Medical Practice Act of 1987 to | 6 | | practice medicine in all its branches who has the authority to | 7 | | prescribe drugs to humans under Article III of the Illinois | 8 | | Controlled Substances Act. It does not include a licensed | 9 | | practitioner under any other Act including but not limited to | 10 | | the Illinois Dental Practice Act. In relation to a visiting | 11 | | qualifying patient, "physician" means a person who is licensed | 12 | | as a doctor of medicine or doctor of osteopathy who with | 13 | | authority to prescribe drugs to humans in the state of the | 14 | | patient's residence. | 15 | | (m) "Qualifying patient" means a person who has been | 16 | | diagnosed by a physician as having a debilitating medical | 17 | | condition. | 18 | | (n) "Reasonable medical efforts" means a course of | 19 | | treatment that is generally accepted in the medical community | 20 | | and conforms with the proper standard of care. | 21 | | (o) "Registered nonprofit medical cannabis organization" | 22 | | means a not-for-profit entity registered pursuant to Section 65 | 23 | | that acquires, possesses, cultivates, manufactures, delivers, | 24 | | transfers, transports, sells, supplies, or dispenses cannabis, | 25 | | paraphernalia, or related supplies and educational materials | 26 | | to registered qualifying patients. A nonprofit medical |
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| 1 | | cannabis organization may receive payment for all expenses | 2 | | incurred in its operation. | 3 | | (p) "Registry identification card" means a document issued | 4 | | by the Department that identifies a person as a registered | 5 | | qualifying patient or registered designated caregiver. | 6 | | (q) "Usable cannabis" means the flowers of the cannabis | 7 | | plant and any mixture or preparation thereof, but does not | 8 | | include the seeds, stalks, and roots of the plant. It does not | 9 | | include the weight of any non-cannabis ingredients combined | 10 | | with cannabis, such as ingredients added to prepare a topical | 11 | | administration, food, or drink. | 12 | | (r) "Verification system" means a Web-based system | 13 | | established and maintained by the Department that is available | 14 | | to law enforcement personnel and nonprofit medical cannabis | 15 | | organization agents on a 24-hour basis for the verification of | 16 | | registry identification cards. | 17 | | (s) "Verifying physician" means a doctor of medicine or | 18 | | doctor of osteopathy licensed under the Medical Practice Act of | 19 | | 1987 to practice medicine in all its branches who has the | 20 | | authority to prescribe drugs to humans under Article III of the | 21 | | Illinois Controlled Substances Act who has been consulted to | 22 | | verify a primary physician's diagnosis under clauses (2), (3), | 23 | | and (4) of subsection (d) of this Section. | 24 | | (t) "Visiting qualifying patient" means a person who: | 25 | | (1) has been diagnosed with a debilitating medical | 26 | | condition; |
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| 1 | | (2) possesses a valid registry identification card, or | 2 | | its equivalent, that was issued pursuant to the laws of | 3 | | another state, district, territory, commonwealth, insular | 4 | | possession of the United States, or country recognized by | 5 | | the United States that allows the person to use cannabis | 6 | | for medical purposes in the jurisdiction of issuance; and | 7 | | (3) is not a resident of Illinois and has been visiting | 8 | | Illinois for 30 days or less or who has been a resident of | 9 | | Illinois for less than 30 days. | 10 | | (u) "Written certification" means a document dated and | 11 | | signed by a physician, stating (1) that in the physician's | 12 | | professional opinion the patient is likely to receive | 13 | | therapeutic or palliative benefit from the medical use of | 14 | | cannabis to treat or alleviate the patient's debilitating | 15 | | medical condition or symptoms associated with the debilitating | 16 | | medical condition; (2) that the qualifying patient has a | 17 | | debilitating medical condition and specifying what | 18 | | debilitating medical condition the qualifying patient has; and | 19 | | (3) that the patient is under the physician's care for the | 20 | | debilitating medical condition. A written certification shall | 21 | | be made only in the course of a bona fide physician-patient | 22 | | relationship, after the physician has completed an assessment | 23 | | of the qualifying patient's medical history upon a complete | 24 | | review of records related to the patient's debilitating | 25 | | condition and conducted a physical exam. A bona fide | 26 | | physician-patient relationship under this subsection is a |
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| 1 | | privileged communication within the meaning of Section 8-802 of | 2 | | the Code of Civil Procedure. | 3 | | Section 15. Protections for the medical use of cannabis. | 4 | | (a) A registered qualifying patient shall not be subject to | 5 | | arrest, prosecution, or denial of any right or privilege, | 6 | | including but not limited to civil penalty or disciplinary | 7 | | action by an occupational or professional licensing board, for | 8 | | the medical use of cannabis in accordance with this Act, if the | 9 | | registered qualifying patient possesses an amount of cannabis | 10 | | that does not exceed an adequate supply as defined in | 11 | | subsection (a) of Section 10 of this Act of usable cannabis. | 12 | | (b) A registered designated caregiver shall not be subject | 13 | | to arrest, prosecution, or denial of any right or privilege, | 14 | | including but not limited to civil penalty or disciplinary | 15 | | action by an occupational or professional licensing board, for | 16 | | acting in accordance with this Act to assist a registered | 17 | | qualifying patient to whom he or she is connected through the | 18 | | Department's registration process with the medical use of | 19 | | cannabis if the designated caregiver possesses an amount of | 20 | | cannabis that does not exceed an adequate supply as defined in | 21 | | subsection (a) of Section 10 of this Act of usable cannabis. | 22 | | The total amount possessed between the qualifying patient and | 23 | | caregiver shall not exceed the patient's adequate supply as | 24 | | defined in subsection (a) of Section 10 of this Act. | 25 | | (c)(1) A visiting qualifying patient shall not be subject |
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| 1 | | to arrest, prosecution, or denial of any right or privilege, | 2 | | including but not limited to civil penalty or disciplinary | 3 | | action by an occupational or professional licensing board, for | 4 | | the medical use of cannabis pursuant to this Act if the | 5 | | visiting qualifying patient does not possess more than an | 6 | | adequate supply of usable cannabis. A visiting qualifying | 7 | | patient may not purchase cannabis from a nonprofit medical | 8 | | dispensary until he or she receives a written certification | 9 | | from an Illinois physician and an Illinois registry card as | 10 | | provided for under this Act. | 11 | | (2) If a person in possession of no more than an adequate | 12 | | supply of usable cannabis claims to be a visiting qualifying | 13 | | patient, but the law enforcement agent is not able to verify | 14 | | the registry identification card or its equivalent or that the | 15 | | person has been in the state for 30 days or less, the agent may | 16 | | issue the visiting qualifying patient a summons for possession | 17 | | of cannabis. The summons shall be dismissed if the person | 18 | | demonstrates his or her status as a visiting qualifying | 19 | | patient. | 20 | | (d) A registered qualifying patient, visiting qualifying | 21 | | patient, or registered designated caregiver shall not be | 22 | | subject to arrest, prosecution, or denial of any right or | 23 | | privilege, including but not limited to civil penalty or | 24 | | disciplinary action by a occupational or professional | 25 | | licensing board for possession of cannabis that is incidental | 26 | | to medical use, but is not usable cannabis as defined in this |
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| 1 | | Act; | 2 | | (e)(1) There shall be a rebuttable presumption that a | 3 | | qualifying patient is engaged in, or a designated caregiver is | 4 | | assisting with, the medical use of cannabis in accordance with | 5 | | this Act if the qualifying patient or designated caregiver: | 6 | | (A) is in possession of a valid registry identification | 7 | | card; and | 8 | | (B) is in possession of an amount of cannabis that does | 9 | | not exceed the amount allowed under subsection (a) of | 10 | | Section 10. | 11 | | (2) The presumption may be rebutted by evidence that | 12 | | conduct related to cannabis was not for the purpose of treating | 13 | | or alleviating the qualifying patient's debilitating medical | 14 | | condition or symptoms associated with the debilitating medical | 15 | | condition in compliance with this Act. | 16 | | (f) A physician shall not be subject to arrest, | 17 | | prosecution, or penalty in any manner, or denied any right or | 18 | | privilege, including but not limited to civil penalty or | 19 | | disciplinary action by the Medical Disciplinary Board or by any | 20 | | other occupational or professional licensing board, solely for | 21 | | providing written certifications or for otherwise stating | 22 | | that, in the physician's professional opinion, a patient is | 23 | | likely to receive therapeutic or palliative benefit from the | 24 | | medical use of cannabis to treat or alleviate the patient's | 25 | | debilitating medical condition or symptoms associated with the | 26 | | debilitating medical condition, provided that nothing shall |
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| 1 | | prevent a professional licensing board from sanctioning a | 2 | | physician for: | 3 | | (1) issuing a written certification to a patient who is | 4 | | not under the physician's care for a debilitating medical | 5 | | condition; or | 6 | | (2) failing to properly evaluate a patient's medical | 7 | | condition or otherwise violating the standard of care for | 8 | | evaluating medical conditions. | 9 | | (g) No person may be subject to arrest, prosecution, or | 10 | | denial of any right or privilege, including but not limited to | 11 | | civil penalty or disciplinary action by an occupational or | 12 | | professional licensing board, solely for: | 13 | | (1) selling cannabis paraphernalia to a cardholder | 14 | | upon presentation of an unexpired registry identification | 15 | | card in the recipient's name; | 16 | | (2) being in the presence or vicinity of the medical | 17 | | use of cannabis as allowed under this Act; or | 18 | | (3) assisting a registered qualifying patient with the | 19 | | act of administering cannabis. | 20 | | (h) A verifying physician shall not be subject to arrest, | 21 | | prosecution, or penalty in any manner, or denied any right or | 22 | | privilege, including but not limited to civil penalty or | 23 | | disciplinary action by the Medical Disciplinary Board or by any | 24 | | other occupational or professional licensing board solely for | 25 | | providing a second opinion concerning a patient's disease, | 26 | | condition, or symptoms under clauses (2), (3), and (4) of |
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| 1 | | subsection (d) of Section 10. | 2 | | (i) A nonprofit registered nonprofit medical cannabis | 3 | | organization shall not be subject to prosecution; search or | 4 | | inspection, except by the Department pursuant to subsection (r) | 5 | | of Section 90; seizure; or penalty in any manner, or be denied | 6 | | any right or privilege, including but not limited to civil | 7 | | penalty or disciplinary action by a business licensing board or | 8 | | entity, for acting pursuant to this Act and Department rules | 9 | | to: acquire, possess, cultivate, manufacture, deliver, | 10 | | transfer, transport, supply, sell, or dispense cannabis or | 11 | | related supplies and educational materials to registered | 12 | | qualifying patients who have designated the medical cannabis | 13 | | organization to provide for them, to registered designated | 14 | | caregivers on behalf of the registered qualifying patients who | 15 | | have designated the registered nonprofit medical cannabis | 16 | | organization. | 17 | | (j) A nonprofit medical cannabis organization agent shall | 18 | | not be subject to prosecution, search, or penalty in any | 19 | | manner, or be denied any right or privilege, including but not | 20 | | limited to civil penalty or disciplinary action by a business | 21 | | licensing board or entity, for working or volunteering for a | 22 | | registered nonprofit medical cannabis organization pursuant to | 23 | | this Act and Department rules, including to perform the actions | 24 | | listed under subsection (i). | 25 | | (k) Any cannabis, cannabis paraphernalia, licit property, | 26 | | or interest in licit property that is possessed, owned, or used |
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| 1 | | in connection with the medical use of cannabis as allowed under | 2 | | this Act, or acts incidental to such use, shall not be seized | 3 | | or forfeited. This Act shall not prevent the seizure or | 4 | | forfeiture of cannabis exceeding the amounts allowed under this | 5 | | Act, nor shall it prevent seizure or forfeiture if the basis | 6 | | for the action is unrelated to the cannabis that is possessed, | 7 | | manufactured, transferred, or used pursuant to this Act. | 8 | | (l) Mere possession of, or application for, a registry | 9 | | identification card or registration certificate shall not | 10 | | constitute probable cause or reasonable suspicion, nor shall it | 11 | | be used as the sole basis to support the search of the person, | 12 | | property, or home of the person possessing or applying for the | 13 | | registry identification card. The possession of, or | 14 | | application for, a registry identification card shall not | 15 | | preclude the existence of probable cause if probable cause | 16 | | exists on other grounds. | 17 | | Section 20. Limitations and penalties. | 18 | | (a) This Act shall not permit any person to engage in, and | 19 | | does not prevent the imposition of any civil, criminal, or | 20 | | other penalties for engaging in, the following conduct: | 21 | | (1) Undertaking any task under the influence of | 22 | | cannabis, when doing so would constitute negligence or | 23 | | professional malpractice; | 24 | | (2) Possessing cannabis, or otherwise engaging in the | 25 | | medical use of cannabis: |
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| 1 | | (A) in a school bus; | 2 | | (B) on the grounds of any preschool or primary or | 3 | | secondary school; or | 4 | | (C) in any correctional facility. | 5 | | (3) Smoking cannabis: | 6 | | (A) on any form of public transportation; or | 7 | | (B) in any public place. | 8 | | (4) Operating, navigating, or being in actual physical | 9 | | control of any motor vehicle, aircraft, or motorboat while | 10 | | under the influence of cannabis in violation of Sections | 11 | | 11-501 and 11-501.9 of the Illinois Vehicle Code. | 12 | | (5) Using cannabis if that person does not have a | 13 | | debilitating medical condition. | 14 | | (6) Allowing any person who is not allowed to use | 15 | | cannabis under this Act to use cannabis that a cardholder | 16 | | is allowed to possess pursuant to this Act. | 17 | | (7) Transferring cannabis to any person who is not | 18 | | allowed to possess cannabis under this Act. | 19 | | (b) Nothing in this Act shall be construed to prevent the | 20 | | arrest or prosecution of a registered qualifying patient for | 21 | | reckless driving or driving under the influence of cannabis | 22 | | where probable cause exists. | 23 | | (c) This Act shall in no way limit an employer's ability to | 24 | | discipline an employee for ingesting cannabis in the workplace | 25 | | or for working while under the influence of cannabis. This Act | 26 | | shall in no way limit an employer's ability to discipline an |
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| 1 | | employee for failing a drug test if failing to do so would put | 2 | | the employer in violation of federal law or cause it to lose a | 3 | | federal contract or funding. | 4 | | (d) Notwithstanding all other criminal penalties related | 5 | | to the unlawful possession of cannabis, fraudulent | 6 | | representation to a law enforcement official of any fact or | 7 | | circumstance relating to the medical use of cannabis to avoid | 8 | | arrest or prosecution is a petty offense punishable by a fine | 9 | | of up to $1,000, which shall be in addition to any other | 10 | | penalties that may apply for making a false statement or for | 11 | | the use of cannabis other than use undertaken pursuant to this | 12 | | Act. | 13 | | (e) Notwithstanding all other criminal penalties related | 14 | | to the unlawful possession of cannabis, any person who | 15 | | fraudulently represents a medical condition to a physician or | 16 | | fraudulently provides material misinformation to a physician | 17 | | in order to obtain written certification is guilty of a petty | 18 | | offense punishable by a fine of up to $1,000. | 19 | | (f) Any cardholder who sells cannabis to a person who is | 20 | | not allowed to possess cannabis for medical purposes under this | 21 | | Act shall have his or her registry identification card revoked | 22 | | and shall be subject to other penalties for the unauthorized | 23 | | sale of cannabis. | 24 | | Section 25. Discrimination prohibited. | 25 | | (a)(1) No school, employer, or landlord may refuse to |
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| 1 | | enroll or lease to, or otherwise penalize, a person solely for | 2 | | his or her status as a registered qualifying patient or a | 3 | | registered designated caregiver, unless failing to do so would | 4 | | put the school, employer, or landlord in violation of federal | 5 | | law or unless failing to do so would cause it to lose a | 6 | | monetary or licensing-related benefit under federal law or | 7 | | rules. This shall not prevent a landlord from prohibiting the | 8 | | smoking of cannabis on the premises. | 9 | | (2) For the purposes of medical care, including organ | 10 | | transplants, a registered qualifying patient's authorized use | 11 | | of cannabis in accordance with this Act shall be considered the | 12 | | equivalent of the authorized use of any other medication used | 13 | | at the direction of a physician, and shall not constitute the | 14 | | use of an illicit substance or otherwise disqualify a | 15 | | qualifying patient from needed medical care. | 16 | | (b) A person otherwise entitled to custody of or visitation | 17 | | or parenting time with a minor shall not be denied such a | 18 | | right, and there shall be no presumption of neglect or child | 19 | | endangerment, for conduct allowed under this Act, unless the | 20 | | person's actions in relation to cannabis were such that they | 21 | | created an unreasonable danger to the safety of the minor as | 22 | | established by clear and convincing evidence. | 23 | | (c) No school, landlord, or employer may be penalized or | 24 | | denied any benefit under state law for enrolling, leasing to, | 25 | | or employing a cardholder. |
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| 1 | | Section 30. Addition of debilitating medical conditions. | 2 | | Any citizen may petition the Department to add debilitating | 3 | | conditions or treatments to the list of debilitating medical | 4 | | conditions listed in subsection (d) of Section 10. The | 5 | | Department shall consider petitions in the manner required by | 6 | | Department rule, including public notice and hearing. The | 7 | | Department shall approve or deny a petition within 180 days of | 8 | | its submission. The approval or denial of any petition is a | 9 | | final decision of the Department, subject to judicial review. | 10 | | Jurisdiction and venue are vested in the Circuit Court. | 11 | | Section 35. Acts not required; acts not prohibited. | 12 | | (a) Nothing in this Act may be construed to require: | 13 | | (1) a government medical assistance program or private | 14 | | health insurer to reimburse a person for costs associated | 15 | | with the medical use of cannabis; | 16 | | (2) any person or establishment in lawful possession of | 17 | | property to allow a guest, client, customer, or other | 18 | | visitor to smoke cannabis on or in that property; or | 19 | | (3) an employer to allow the ingestion of cannabis in | 20 | | any workplace or to allow any employee to work while under | 21 | | the influence of cannabis. However, such employee shall not | 22 | | be considered under the influence solely where the presence | 23 | | of cannabis in the blood and urine is below the limits set | 24 | | in subsection (b) of Section 11-501.9 of the Illinois | 25 | | Vehicle Code. |
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| 1 | | (b) Nothing in this Act prohibits an employer adopting | 2 | | reasonable rules concerning the consumption, storage, or | 3 | | timekeeping requirements for qualified patients related to the | 4 | | medical use of cannabis. Nothing in this Act shall prohibit an | 5 | | employer from disciplining an employee for ingesting cannabis | 6 | | in the workplace, working while under the influence of | 7 | | cannabis, or for otherwise violating the proper standard of | 8 | | care. | 9 | | (c) Nothing in this Act shall be construed to interfere | 10 | | with any federal restrictions on employment including but not | 11 | | limited to the United States Department of Transportation | 12 | | regulation 49 CFR 40.151(e). | 13 | | Section 40. Registration of qualifying patients and | 14 | | designated caregivers. | 15 | | (a) The Department shall issue registry identification | 16 | | cards to qualifying patients who submit the following, in | 17 | | accordance with the Department's rules: | 18 | | (1) a written certification, on a form developed by the | 19 | | Department and issued by a physician, within 90 days | 20 | | immediately preceding the date of an application; | 21 | | (2) upon the execution of applicable privacy waivers, | 22 | | the patient's medical documentation related to his or her | 23 | | debilitating condition and any other information that may | 24 | | be reasonably required by the Department to confirm that | 25 | | the physician and patient have a bona fide |
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| 1 | | physician-patient relationship, that the qualifying | 2 | | patient is in the physician's care for his or her | 3 | | debilitating medical condition, and to substantiate the | 4 | | patient's diagnosis; | 5 | | (3) if the patient is applying under paragraph (2),(3), | 6 | | and (4) of subsection (d) of Section 10, written | 7 | | documentation from a verifying physician that verifies the | 8 | | primary physician's diagnosis; | 9 | | (4) the application or renewal fee; | 10 | | (5) the name, address, and date of birth of the | 11 | | qualifying patient, except that if the applicant is | 12 | | homeless no address is required; | 13 | | (6) the name, address, and telephone number of the | 14 | | qualifying patient's physician; | 15 | | (7) the name, address, and date of birth of the | 16 | | designated caregiver, if any, chosen by the qualifying | 17 | | patient; | 18 | | (8) the name of the registered nonprofit medical | 19 | | cannabis organization the qualifying patient designates; | 20 | | and | 21 | | (9) signed statements from the patient and designated | 22 | | caregiver asserting that they will not divert medical | 23 | | cannabis. | 24 | | Section 45. Issuance of registry identification cards. | 25 | | (a) Except as provided in subsection (b), the Department |
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| 1 | | shall: | 2 | | (1) Verify the information contained in an application | 3 | | or renewal submitted pursuant to this Act, and approve or | 4 | | deny an application or renewal, within 30 days of receiving | 5 | | a completed application or renewal application. | 6 | | (2) Issue registry identification cards to a | 7 | | qualifying patient and his or her designated caregiver, if | 8 | | any, within 5 days of approving the application or renewal. | 9 | | (3) Enter the registry identification number of the | 10 | | registered nonprofit medical cannabis organization the | 11 | | patient designates into the verification system. | 12 | | (b) The Department shall not issue a registry | 13 | | identification card to a qualifying patient who is younger than | 14 | | 18 years of age unless: | 15 | | (1) the qualifying patient's physician has explained | 16 | | the potential risks and benefits of the medical use of | 17 | | cannabis to the custodial parent or legal guardian with | 18 | | responsibility for health care decisions for the | 19 | | qualifying patient; and | 20 | | (2) the custodial parent or legal guardian with | 21 | | responsibility for health care decisions for the | 22 | | qualifying patient consents in writing to: | 23 | | (A) allow the qualifying patient's medical use of | 24 | | cannabis; | 25 | | (B) serve as the qualifying patient's designated | 26 | | caregiver; and |
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| 1 | | (C) control the acquisition of the cannabis, the | 2 | | dosage, and the frequency of the medical use of | 3 | | cannabis by the qualifying patient. | 4 | | (c) The registry identification card of or its equivalent | 5 | | that is issued under the laws of another state, district, | 6 | | territory, commonwealth, or insular possession of the United | 7 | | States that allows that visiting qualifying patient to possess | 8 | | or use medical cannabis shall not authorize a visiting | 9 | | qualifying patient to obtain cannabis from a registered | 10 | | nonprofit medical cannabis dispensary. | 11 | | (d) A veteran who has received treatment at a VA hospital | 12 | | may have a bona fide physician-patient relationship so long as | 13 | | the doctor has taken over an aspect of care related to the | 14 | | debilitating condition and the patient meets all other | 15 | | statutory requirements. All reasonable inferences regarding | 16 | | the existence of a bona fide physician-patient relationship | 17 | | shall be drawn in favor of any applicant who is a veteran and | 18 | | has undergone treatment at a VA hospital. | 19 | | (e) Upon the approval of the registration and issuance of a | 20 | | registry card under this Section, the Department shall forward | 21 | | the patient's drivers license number to the Secretary of State | 22 | | and certify that the individual is permitted to engage in the | 23 | | medical use of cannabis. For the purposes of law enforcement, | 24 | | the Secretary of State shall make a notation on the person's | 25 | | driving record stating the person is a qualified patient who is | 26 | | entitled to the lawful medical use of cannabis. If the person |
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| 1 | | no longer holds a valid registry card, the Department shall | 2 | | notify the Secretary of State and the Secretary of State shall | 3 | | remove the notation from the person's driving record. The | 4 | | Department and the Secretary of State may establish a system by | 5 | | which such information may be shared electronically. | 6 | | Section 50. Denial of registry identification cards. | 7 | | (a) The Department may deny an application or renewal of a | 8 | | qualifying patient's registry identification card only if the | 9 | | applicant: | 10 | | (1) did not provide the required information and | 11 | | materials; | 12 | | (2) previously had a registry identification card | 13 | | revoked; | 14 | | (3) did not meet the requirements of this Act; or | 15 | | (4) provided false or falsified information. | 16 | | (b) The Department may deny an application or renewal for a | 17 | | designated caregiver chosen by a qualifying patient whose | 18 | | registry identification card was granted only if: | 19 | | (1) the designated caregiver does not meet the | 20 | | requirements of subsection (i) of Section 10; | 21 | | (2) the applicant did not provide the information | 22 | | required; | 23 | | (3) the prospective patient's application was denied; | 24 | | (4) the designated caregiver previously had a registry | 25 | | identification card revoked; or |
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| 1 | | (5) the applicant or the designated caregiver provided | 2 | | false or falsified information. | 3 | | (c) The Department shall conduct a background check of the | 4 | | prospective designated caregiver in order to carry out this | 5 | | provision. Each person applying as a designated caregiver shall | 6 | | submit a full set of fingerprints to the Department for the | 7 | | purpose of obtaining a state and federal criminal records | 8 | | check. The Department may exchange this data with the Federal | 9 | | Bureau of Investigation without disclosing that the records | 10 | | check is related to this Act. The Department shall destroy each | 11 | | set of fingerprints after the criminal records check is | 12 | | completed. | 13 | | (d) The Department shall notify the qualifying patient who | 14 | | has designated someone to serve as his or her designated | 15 | | caregiver if a registry identification card will not be issued | 16 | | to the designated caregiver. | 17 | | (e) Denial of an application or renewal is considered a | 18 | | final Department action, subject to judicial review. | 19 | | Jurisdiction and venue for judicial review are vested in the | 20 | | Circuit Court. | 21 | | Section 55. Registry identification cards. A qualifying | 22 | | patient or designated caregiver must keep their registry | 23 | | identification card in their possession at all times when | 24 | | engaging in the medical use of cannabis. | 25 | | (a) Registry identification cards shall contain all of the |
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| 1 | | following: | 2 | | (1) the name of the cardholder; | 3 | | (2) a designation of whether the cardholder is a | 4 | | designated caregiver or qualifying patient; | 5 | | (3) the date of issuance and expiration date of the | 6 | | registry identification card; | 7 | | (4) a random 10-digit alphanumeric identification | 8 | | number, containing at least 4 numbers and at least 4 | 9 | | letters, that is unique to the cardholder; | 10 | | (5) if the cardholder is a designated caregiver, the | 11 | | random 10-digit alphanumeric identification number of the | 12 | | qualifying patient the designated caregiver is receiving | 13 | | the registry identification card to assist; and | 14 | | (6) a photograph of the cardholder, if the Department's | 15 | | rules require one. | 16 | | (b) Except as provided in this subsection, the expiration | 17 | | date shall be one year after the date of issuance. | 18 | | (c) The Department may, at its discretion, electronically | 19 | | store in the card any or all of the information listed in | 20 | | subsection (a), along with the address and date of birth of the | 21 | | cardholder, to allow it to be read by law enforcement agents. | 22 | | Section 60. Notifications to Department and responses; | 23 | | civil penalty. | 24 | | (a) The following notifications and Department responses | 25 | | are required: |
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| 1 | | (1) A registered qualifying patient shall notify the | 2 | | Department of any change in his or her name or address, or | 3 | | if the registered qualifying patient ceases to have his or | 4 | | her debilitating medical condition, within 10 days of the | 5 | | change. | 6 | | (2) A registered designated caregiver shall notify the | 7 | | Department of any change in his or her name or address, or | 8 | | if the designated caregiver becomes aware the qualifying | 9 | | patient passed away, within 10 days of the change. | 10 | | (3) Before a registered qualifying patient changes his | 11 | | or her designated caregiver, the qualifying patient must | 12 | | notify the Department. | 13 | | (4) If a cardholder loses his or her registry | 14 | | identification card, he or she shall notify the Department | 15 | | within 10 days of becoming aware the card has been lost. | 16 | | (b) When a cardholder notifies the Department of items | 17 | | listed in subsection (a), but remains eligible under this Act, | 18 | | the Department shall issue the cardholder a new registry | 19 | | identification card with a new random 10-digit alphanumeric | 20 | | identification number within 10 days of receiving the updated | 21 | | information and a $20 fee. If the person notifying the | 22 | | Department is a registered qualifying patient, the Department | 23 | | shall also issue his or her registered designated caregiver, if | 24 | | any, a new registry identification card within 10 days of | 25 | | receiving the updated information. | 26 | | (c) If a registered qualifying patient ceases to be a |
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| 1 | | registered qualifying patient or changes his or her registered | 2 | | designated caregiver, the Department shall promptly notify the | 3 | | designated caregiver. The registered designated caregiver's | 4 | | protections under this Act as to that qualifying patient shall | 5 | | expire 15 days after notification by the Department. | 6 | | (d) A cardholder who fails to make a notification to the | 7 | | Department that is required by this Section is subject to a | 8 | | civil infraction, punishable by a penalty of no more than $150. | 9 | | (e) A registered qualifying patient shall notify the | 10 | | Department before changing his or her designated registered | 11 | | nonprofit medical cannabis organization and pay a $20 fee. The | 12 | | Department must, within 5 business days of receiving the | 13 | | notification, update the registered qualifying patient's entry | 14 | | in the identification registry system to reflect the change in | 15 | | designation and notify the patient that the change has been | 16 | | processed. | 17 | | (f) If the registered qualifying patient's certifying | 18 | | physician notifies the Department in writing that either the | 19 | | registered qualifying patient has ceased to suffer from a | 20 | | debilitating medical condition or that the physician no longer | 21 | | believes the patient would receive therapeutic or palliative | 22 | | benefit from the medical use of cannabis, the card shall become | 23 | | null and void. However, the registered qualifying patient shall | 24 | | have 15 days to destroy his or her remaining medical cannabis | 25 | | and related paraphernalia. |
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| 1 | | Section 65. Registration of nonprofit medical cannabis | 2 | | organization. | 3 | | (a) Nonprofit medical cannabis organizations may only | 4 | | operate if they have been issued a valid registration | 5 | | certificate from the Department. When applying for a nonprofit | 6 | | medical cannabis organization registration certificate, the | 7 | | applicant shall submit the following in accordance with | 8 | | Department rules: | 9 | | (1) A $10,000 application fee and a $1,000 fee for | 10 | | application renewals. Such fees may be adjusted subject to | 11 | | the discretion of the Department. | 12 | | (2) The proposed legal name of the medical cannabis | 13 | | organization. | 14 | | (3) The proposed physical address of the medical | 15 | | cannabis organization. | 16 | | (4) If the nonprofit medical cannabis organization | 17 | | proposes additional locations where cannabis will be | 18 | | cultivated, harvested, packaged, labeled, or otherwise | 19 | | prepared for distribution by the medical cannabis | 20 | | organization, the physical address. In such case that the | 21 | | cannabis will be cultivated at any other location than | 22 | | listed in paragraph (3), the medical cannabis organization | 23 | | shall apply for a variance which is subject to the | 24 | | discretion of the Department. | 25 | | (5) The name, address, and date of birth of each | 26 | | principal officer and board member of the medical cannabis |
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| 1 | | organization, provided that all such individuals shall be | 2 | | at least 21 years of age. | 3 | | (6) Any instances in which a business or not-for-profit | 4 | | that any of the prospective board members managed or served | 5 | | on the board of was convicted, fined, censured, or had a | 6 | | registration or license suspended or revoked in any | 7 | | administrative or judicial proceeding. | 8 | | (7) Proposed operating by-laws that include procedures | 9 | | for the oversight of the nonprofit medical cannabis | 10 | | organization and procedures to ensure accurate record | 11 | | keeping and security measures that are in accordance with | 12 | | the rules issued by the Department pursuant to this Act. | 13 | | The by-laws shall include a description of the enclosed, | 14 | | locked facility where medical cannabis will be grown, | 15 | | cultivated, harvested, packaged, labeled, or otherwise | 16 | | prepared for distribution by the medical cannabis | 17 | | organization. | 18 | | (8) Signed statements from each nonprofit medical | 19 | | cannabis organization agent stating that they will not | 20 | | divert medical cannabis. | 21 | | (9) The Department shall conduct a background check of | 22 | | the prospective nonprofit medical cannabis organization | 23 | | agents in order to carry out this provision. Each person | 24 | | applying as a nonprofit medical cannabis organization | 25 | | agent shall submit a full set of fingerprints to the | 26 | | department for the purpose of obtaining a state and federal |
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| 1 | | criminal records check. The Department may exchange this | 2 | | data with the Federal Bureau of Investigation without | 3 | | disclosing that the records check is related to this Act. | 4 | | The Department shall destroy each set of fingerprints after | 5 | | the criminal records check is completed. | 6 | | (b) An application for a medical cannabis organization | 7 | | registration certificate must be denied if any of the following | 8 | | conditions are met: | 9 | | (A) the applicant failed to submit the materials | 10 | | required by this Section, including if the applicant's | 11 | | plans do not satisfy the security, oversight, or | 12 | | recordkeeping rules issued by the Department; | 13 | | (B) the applicant would not be in compliance with local | 14 | | zoning rules issued in accordance with Section 80; | 15 | | (C) the applicant does not meet the requirements of | 16 | | Section 90; | 17 | | (D) one or more of the prospective principal officers | 18 | | or board members has been convicted of an excluded offense; | 19 | | (E) one or more of the prospective principal officers | 20 | | or board members has served as a principal officer or board | 21 | | member for a registered nonprofit medical cannabis | 22 | | organization that has had its registration certificate | 23 | | revoked; and | 24 | | (F) one or more of the principal officers or board | 25 | | members is younger than 21 years of age. | 26 | | (c) After a medical cannabis organization is approved, but |
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| 1 | | before it begins operations, it shall submit its physical | 2 | | address if the address was not finalized when it applied. | 3 | | (d) When issuing a medical cannabis organization | 4 | | registration certificate, the Department shall also issue a | 5 | | renewable registration certificate with an identification | 6 | | number. | 7 | | Section 70. Nonprofit medical cannabis organization agent | 8 | | identification cards. | 9 | | (a) A nonprofit medical cannabis organization agent must | 10 | | keep his or her identification card in their possession at all | 11 | | times when engaging in the medical use of cannabis related to | 12 | | dispensary operations. | 13 | | (b) Nonprofit medical cannabis organization agent | 14 | | identification cards shall contain all of the following: | 15 | | (1) the name of the cardholder; | 16 | | (2) a designation the cardholder is a nonprofit medical | 17 | | cannabis organization agent; | 18 | | (3) the date of issuance and expiration date of the | 19 | | nonprofit medical cannabis organization agent | 20 | | identification cards; | 21 | | (4) a random 10-digit alphanumeric identification | 22 | | number, containing at least four numbers and at least four | 23 | | letters, that is unique to the cardholder; and | 24 | | (5) a photograph of the cardholder, if the Department's | 25 | | rules require one. |
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| 1 | | Section 75. Nonprofit medical cannabis organization | 2 | | certification renewal. Registration certificates may be | 3 | | renewed subject to the rule of the Department. The registered | 4 | | nonprofit medical cannabis organization may submit a renewal | 5 | | application beginning 90 days prior to the expiration of its | 6 | | registration certificate. The Department shall grant a renewal | 7 | | application within 45 days of its submission if the following | 8 | | conditions are all satisfied: | 9 | | (a) The registered nonprofit medical cannabis organization | 10 | | or submits a renewal application and the required renewal fee, | 11 | | which shall be refunded within 60 days if the renewal | 12 | | application is rejected. | 13 | | (b) The Department has not suspended the registered | 14 | | nonprofit medical cannabis organization or registration | 15 | | certificate for violations of this Act or rules adopted | 16 | | pursuant to this Act. | 17 | | (c) The inspections authorized by subsection (s) of Section | 18 | | 85 and the input the Department received from stakeholders | 19 | | pursuant to subsection (b) of Section 105 do not raise serious | 20 | | and credible concerns about the continued operation of the | 21 | | registered nonprofit medical cannabis organization or applying | 22 | | for renewal. | 23 | | Section 80. Local ordinances. A unit of local government | 24 | | may enact reasonable zoning ordinances or resolutions, not in |
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| 1 | | conflict with this Act or with Department rules, regulating the | 2 | | location of registered nonprofit medical cannabis | 3 | | organizations. No unit of local government, including a home | 4 | | rule unit, or school district may regulate registered nonprofit | 5 | | medical cannabis organizations other than as provided in this | 6 | | Act. This Section is a denial and limitation under subsection | 7 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 8 | | the concurrent exercise by home rule units of powers and | 9 | | functions exercised by the State. | 10 | | Section 85. Requirements; prohibitions; penalties. | 11 | | (a) The operating documents of a registered nonprofit | 12 | | medical cannabis organization shall include procedures for the | 13 | | oversight of the registered nonprofit medical cannabis | 14 | | organization and procedures to ensure accurate recordkeeping. | 15 | | (b) A registered nonprofit medical cannabis organization | 16 | | shall implement appropriate security measures to deter and | 17 | | prevent the theft of cannabis and unauthorized entrance into | 18 | | areas containing cannabis. | 19 | | (c) A registered nonprofit medical cannabis organization | 20 | | may not be located within 1,000 feet of the property line of a | 21 | | pre-existing public or private preschool or elementary or | 22 | | secondary school. A registered medical cannabis organization | 23 | | shall not be located in a house, apartment, condominium, or any | 24 | | other residential dwelling. | 25 | | (d) A registered nonprofit medical cannabis organization |
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| 1 | | is prohibited from acquiring, possessing, cultivating, | 2 | | manufacturing, delivering, transferring, transporting, | 3 | | supplying, or dispensing cannabis for any purpose except to | 4 | | assist registered qualifying patients with the medical use of | 5 | | cannabis directly or through the qualifying patients' | 6 | | designated caregivers. | 7 | | (e) All cultivation of cannabis for registered nonprofit | 8 | | medical cannabis organizations must take place in an enclosed, | 9 | | locked location at the physical address or addresses provided | 10 | | to the Department during the registration process. The | 11 | | cultivation location can only be accessed by medical cannabis | 12 | | organization agents working for the registered nonprofit | 13 | | medical cannabis organization, Department staff performing | 14 | | inspections, law enforcement or other emergency personnel, and | 15 | | contractors working on jobs unrelated to medical cannabis, such | 16 | | as installing or maintaining security devices or performing | 17 | | electrical wiring. | 18 | | (f) A nonprofit medical cannabis organization may not | 19 | | obtain cannabis from outside the State of Illinois, except that | 20 | | a nonprofit medical cannabis organization may lawfully | 21 | | purchase cannabis seeds outside of the State of Illinois once | 22 | | during its registration period. | 23 | | (g) A registered nonprofit medical cannabis organization | 24 | | shall not dispense more than 2.5 ounces of cannabis to a | 25 | | registered qualifying patient, directly or via a designated | 26 | | caregiver, in any 14-day period unless the qualifying patient |
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| 1 | | has a Department approved quantity variance. | 2 | | (h) Before cannabis may be dispensed to a designated | 3 | | caregiver or a registered qualifying patient, a nonprofit | 4 | | medical cannabis organization agent must determine that the | 5 | | individual is a current cardholder in the verification system | 6 | | and must verify each of the following: | 7 | | (1) that the registry identification card presented to | 8 | | the registered nonprofit medical cannabis organization is | 9 | | valid; | 10 | | (2) that the person presenting the card is the person | 11 | | identified on the registry identification card presented | 12 | | to the medical cannabis organization agent; | 13 | | (3) that the registered nonprofit medical cannabis | 14 | | organization is the designated medical cannabis | 15 | | organization for the registered qualifying patient who is | 16 | | obtaining the cannabis directly or via his or her | 17 | | designated caregiver; and | 18 | | (4) that the qualified patient has not exceeded his or | 19 | | her adequate supply. | 20 | | (i) A registered nonprofit medical cannabis organization | 21 | | may dispense more than 2.5 ounces of cannabis to a registered | 22 | | qualifying patient in a 14-day period if the exception that the | 23 | | registered qualifying patient needs a specified greater amount | 24 | | in a 14-day period has been approved by the Department. | 25 | | (j) Registered nonprofit medical cannabis organizations | 26 | | shall ensure compliance with this limitation by maintaining |
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| 1 | | internal, confidential records that include records specifying | 2 | | how much cannabis is being dispensed to the registered | 3 | | qualifying patient and whether it was dispensed directly to the | 4 | | registered qualifying patient or to the designated caregiver. | 5 | | Each entry must include the date and time the cannabis was | 6 | | dispensed. | 7 | | (k) The physician-patient privilege as set forth by Section | 8 | | 8-802 of the Code of Civil Procedure shall apply between a | 9 | | qualifying patient and a registered nonprofit medical cannabis | 10 | | organization and its agents with respect to communications and | 11 | | records concerning qualifying patients' debilitating | 12 | | condition. | 13 | | (l) A nonprofit medical cannabis organization shall not | 14 | | permit any person to consume cannabis on the property of a | 15 | | nonprofit medical cannabis organization. | 16 | | (m) A registered nonprofit medical cannabis organization | 17 | | shall not share office space with or refer patients to a | 18 | | physician. | 19 | | (n) A physician shall not refer patients to a registered | 20 | | nonprofit medical cannabis organization or registered | 21 | | designated caregiver, advertise in a registered nonprofit | 22 | | medical cannabis organization, or, if the physician issues | 23 | | written certifications, hold any financial interest in a | 24 | | registered nonprofit medical cannabis organization. | 25 | | (o) No person who has been convicted of an excluded offense | 26 | | may be a nonprofit medical cannabis organization agent. |
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| 1 | | (p) Notwithstanding all other criminal penalties related | 2 | | to the unlawful possession of cannabis, the Department may | 3 | | issue a civil fine of up to $3,000 for violations of this | 4 | | Section. | 5 | | (q) The Department may suspend or revoke a registration | 6 | | certificate for violations of this Act and rules issued in | 7 | | accordance with this Section. | 8 | | (r) The suspension or revocation of a certificate is a | 9 | | final Department action, subject to judicial review. | 10 | | Jurisdiction and venue for judicial review are vested in the | 11 | | Circuit Court. | 12 | | (s) Registered nonprofit medical cannabis organizations | 13 | | are subject to random inspection and cannabis testing by | 14 | | Department rules. The Department shall give reasonable notice | 15 | | of an inspection or testing under this subsection. | 16 | | Section 90. Confidentiality. | 17 | | (a) The following information received and records kept by | 18 | | Department rules for purposes of administering this Act are | 19 | | subject to all applicable federal privacy laws, confidential, | 20 | | and exempt from the Freedom of Information Act, and not subject | 21 | | to disclosure to any individual or public or private entity, | 22 | | except as necessary for authorized employees of the Department | 23 | | to perform official duties pursuant to this Act: | 24 | | (1) Applications and renewals, their contents, and | 25 | | supporting information submitted by qualifying patients |
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| 1 | | and designated caregivers, including information regarding | 2 | | their designated caregivers and physicians. | 3 | | (2) Applications and renewals, their contents, and | 4 | | supporting information submitted by or on behalf of | 5 | | nonprofit medical cannabis organizations in compliance | 6 | | with this Act, including their physical addressees. | 7 | | (3) The individual names and other information | 8 | | identifying persons to whom the Department has issued | 9 | | registry identification cards. | 10 | | (4) Any dispensing information required to be kept | 11 | | under Section 85 or Department rules shall identify | 12 | | cardholders and registered nonprofit medical cannabis | 13 | | organizations by their registry identification numbers and | 14 | | not contain names or other personally identifying | 15 | | information. | 16 | | (5) All medical records provided to the Department in | 17 | | connection with an application for a registry card. | 18 | | (b) Nothing in this Section precludes the following: | 19 | | (1) Department employees may notify law enforcement | 20 | | about falsified or fraudulent information submitted to the | 21 | | Department if the employee who suspects that falsified or | 22 | | fraudulent information has been submitted conferred with | 23 | | his or her supervisor and both agree that circumstances | 24 | | exist that warrant reporting. | 25 | | (2) If the employee conferred with his or her | 26 | | supervisor and both agree that circumstances exist that |
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| 1 | | warrant reporting, Department employees may notify the | 2 | | Medical Disciplinary Board if there is reasonable cause to | 3 | | believe a physician: | 4 | | (A) issued a written certification without a bona | 5 | | fide physician-patient relationship; | 6 | | (B) issued a written certification to a person who | 7 | | was not under the physician's care for the debilitating | 8 | | medical condition; or | 9 | | (C) failed to abide by the standard of care when | 10 | | evaluating medical conditions. | 11 | | (3) The Department may notify State or local law | 12 | | enforcement about apparent criminal violations of this Act | 13 | | if the employee who suspects the offense has conferred with | 14 | | his or her supervisor and both agree that circumstances | 15 | | exist that warrant reporting. | 16 | | (4) Nonprofit medical cannabis organization agents may | 17 | | notify the Department of a suspected violation or attempted | 18 | | violation of this Act or the rules issued pursuant to it. | 19 | | (5) The Department may verify registry identification | 20 | | cards pursuant to Section 95. | 21 | | (6) The submission of the report to the General | 22 | | Assembly under Section 100. | 23 | | (c) It is a Class B misdemeanor with a $1,000 fine for any | 24 | | person, including an employee or official of the Department or | 25 | | another State agency or local government, to breach the | 26 | | confidentiality of information obtained pursuant to this Act. |
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| 1 | | Section 95. Registry identification and registration | 2 | | certificate verification. | 3 | | (a) The Department shall maintain a confidential list of | 4 | | the persons to whom the Department has issued registry | 5 | | identification cards and their addresses, phone numbers, and | 6 | | registry identification numbers. This confidential list shall | 7 | | not be combined or linked in any manner with any other list or | 8 | | database except as provided in this Section. | 9 | | (b) Within 180 days of the effective date of this Act, the | 10 | | Department shall establish a computerized verification system. | 11 | | The verification system must allow law enforcement personnel | 12 | | and nonprofit medical cannabis organization agents to enter a | 13 | | registry identification number to determine whether or not the | 14 | | number corresponds with a current, valid registry | 15 | | identification card. The system shall only disclose whether the | 16 | | identification card is valid; whether the cardholder is a | 17 | | registered qualifying patient or a registered designated | 18 | | caregiver; and the registry identification number of the | 19 | | registered nonprofit medical cannabis organization designated | 20 | | to serve the registered qualifying patient who holds the card | 21 | | or the registry identification number of the patient who is | 22 | | assisted by the registered designated caregiver who holds the | 23 | | card. The system shall enable nonprofit medical cannabis to | 24 | | enter information in the system sufficient to track the amount | 25 | | of medical cannabis dispensed to the qualifying patient. |
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| 1 | | Notwithstanding any requirements established by this | 2 | | subsection, the Department shall issue registry cards to | 3 | | qualifying patients and shall issue certification to nonprofit | 4 | | medical cannabis organization for the period during which the | 5 | | database is being established. | 6 | | Section 100. Annual reports. The Department shall submit | 7 | | to the General Assembly an annual report that does not disclose | 8 | | any identifying information about cardholders, registered | 9 | | nonprofit medical cannabis organizations, or physicians, but | 10 | | does contain, at a minimum, all of the following information: | 11 | | (1) the number of applications and renewals filed for | 12 | | registry identification cards; | 13 | | (2) the number of qualifying patients and designated | 14 | | caregivers approved in each county; | 15 | | (3) the nature of the debilitating medical conditions | 16 | | of the qualifying patients; | 17 | | (4) the number of registry identification cards | 18 | | revoked for misconduct; | 19 | | (5) the number of physicians providing written | 20 | | certifications for qualifying patients; and | 21 | | (6) the number of registered nonprofit medical | 22 | | cannabis organizations. | 23 | | Section 105. Department to issue rules. | 24 | | (a) Not later than 60 days after the effective date of this |
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| 1 | | Act, the Department shall promulgate rules: | 2 | | (1) governing the manner in which the Department shall | 3 | | consider petitions from the public to add debilitating | 4 | | medical conditions or treatments to the list of | 5 | | debilitating medical conditions set forth in subsection | 6 | | (d) of Section 10 of this Act, including public notice of | 7 | | and an opportunity to comment in public hearings on the | 8 | | petitions; | 9 | | (2) establishing the form and content of registration | 10 | | and renewal applications submitted under this Act, | 11 | | including a standard form for written certifications; | 12 | | (3) governing the manner in which it shall consider | 13 | | applications for and renewals of registry identification | 14 | | cards, including developing separate requirements, fees, | 15 | | and applications for temporary registry identification | 16 | | cards for visiting qualifying patients wishing to obtain | 17 | | cannabis from registered nonprofit medical cannabis | 18 | | organizations; | 19 | | (4) governing the following matters related to | 20 | | registered nonprofit medical cannabis organizations, with | 21 | | the goal of protecting against diversion and theft, without | 22 | | imposing an undue burden on the registered nonprofit | 23 | | medical cannabis organizations or compromising the | 24 | | confidentiality of cardholders: | 25 | | (A) oversight requirements for nonprofit | 26 | | registered nonprofit medical cannabis organizations; |
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| 1 | | (B) recordkeeping requirements for registered | 2 | | nonprofit medical cannabis organizations; | 3 | | (C) security requirements for registered nonprofit | 4 | | medical cannabis organizations, which shall include | 5 | | that each registered nonprofit medical cannabis | 6 | | organization location must be protected by a fully | 7 | | operational security alarm system; | 8 | | (D) rules and standards for what constitutes an | 9 | | enclosed locked facility under this Act; | 10 | | (E) procedures for suspending or terminating the | 11 | | registration certificates or registry identification | 12 | | cards of cardholders, registered nonprofit medical | 13 | | cannabis organizations, and registered safety | 14 | | compliance facilities that commit multiple or serious | 15 | | violations of the provisions of this Act or the rules | 16 | | promulgated pursuant to this Section; | 17 | | (F) reasonable rules concerning the medical use of | 18 | | cannabis at a nursing care institution, hospice, | 19 | | assisted living center, assisted living facility, | 20 | | assisted living home, residential care institution, or | 21 | | adult day health care facility; | 22 | | (G) limitations of the quantity of cannabis plants | 23 | | a dispensary may possess at one time provided that no | 24 | | dispensary is authorized to possess more plants than | 25 | | are reasonably necessary to satisfy the adequate | 26 | | supply of the patients who have designated that |
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| 1 | | dispensary as his or her provider; | 2 | | (H) rules concerning the intrastate transportation | 3 | | of medical cannabis; | 4 | | (I) standards concerning the testing, quality, and | 5 | | cultivation of medical cannabis; and | 6 | | (J) such other matters as are necessary for the | 7 | | fair, impartial, stringent, and comprehensive | 8 | | administration of this Act; and | 9 | | (5) application and renewal fees for registry | 10 | | identification cards, nonprofit medical cannabis | 11 | | organization agent identification cards, and renewal fees | 12 | | for registered nonprofit medical cannabis organization | 13 | | registration certificates, according to the following: | 14 | | (A) the total fees collected must generate | 15 | | revenues sufficient to offset all expenses of | 16 | | implementing and administering this Act, except that | 17 | | fee revenue may be offset or supplemented by private | 18 | | donations; | 19 | | (B) the Department may establish a sliding scale of | 20 | | patient application and renewal fees based upon a | 21 | | qualifying patient's household income; | 22 | | (C) the Department may accept donations from | 23 | | private sources to reduce application and renewal | 24 | | fees; and | 25 | | (D) registry identification card fees shall | 26 | | include an additional $3 per registry identification |
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| 1 | | card, which shall be used to develop and disseminate | 2 | | educational information about the health risks | 3 | | associated with the abuse of cannabis and prescription | 4 | | medications. | 5 | | The Department may adopt rules concerning limiting the | 6 | | rights of medical cannabis organizations by taking into | 7 | | consideration how many are currently operating and their | 8 | | geographical distribution. | 9 | | (b) During the rule-making process, the Department shall | 10 | | make a good faith effort to consult with all stakeholders | 11 | | identified in the rule-making analysis as being impacted by the | 12 | | rules. The Department shall establish the stakeholders into an | 13 | | advisory task force, or it may consult with them individually. | 14 | | Stakeholders shall include, but are not limited to: | 15 | | (1) at least 2 physicians, one of whom must have prior | 16 | | experience treating medical cannabis patients; | 17 | | (2) at least 2 nurses, one of whom must have prior | 18 | | experience treating HIV/AIDS patients; | 19 | | (3) at least three qualifying patients; | 20 | | (4) a representative from the law enforcement | 21 | | community; | 22 | | (5) the Director of State Police or his or her | 23 | | designee; | 24 | | (6) a prosecuting attorney currently employed by the | 25 | | State of Illinois; | 26 | | (7) a public defender currently employed by the State |
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| 1 | | of Illinois; | 2 | | (8) a defense attorney in private practice; | 3 | | (9) a licensed phlebotomist; | 4 | | (10) a horticulturist; and | 5 | | (11) a representative of the business community. | 6 | | (c) After consulting with the stakeholders, the Department | 7 | | shall evaluate driving under the influence laws as they apply | 8 | | to registered patients. | 9 | | (d) Beginning 4 months after the issuance of the first | 10 | | registrations for registered nonprofit medical cannabis | 11 | | organizations, the Department shall solicit input, including | 12 | | from the stakeholders identified in subsection (c) on the | 13 | | following: | 14 | | (A) The ability of qualifying patients in all areas | 15 | | of the state to obtain timely access to high-quality | 16 | | medical cannabis. | 17 | | (B) The effectiveness of the registered nonprofit | 18 | | medical cannabis organizations, individually and | 19 | | together, in serving the needs of qualifying patients, | 20 | | including the provision of support services, the | 21 | | reasonableness of their fees, whether they are | 22 | | generating any complaints or security problems, and | 23 | | the sufficiency of the number operating to serve the | 24 | | registered qualifying patients of Illinois. | 25 | | (C) The sufficiency of the regulatory and security | 26 | | safeguards contained in this Act and adopted by the |
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| 1 | | Department to ensure that access to and use of cannabis | 2 | | cultivated is provided only to cardholders authorized | 3 | | for such purposes. | 4 | | (D) Any recommended additions or revisions to the | 5 | | Department rules or this Act, including relating to | 6 | | security, safe handling, labeling, and nomenclature. | 7 | | (E) Any research studies regarding health effects | 8 | | of medical cannabis for patients. | 9 | | (e) The Department shall develop and disseminate | 10 | | educational information about the health risks associated with | 11 | | the abuse of cannabis and prescription medications, which shall | 12 | | be funded by the $3 fees generated from registry identification | 13 | | cards. | 14 | | Section 110. Enforcement of this Act. | 15 | | (a) If the Department fails to adopt rules to implement | 16 | | this Act within the times provided for in this Act, any citizen | 17 | | may commence a mandamus action in the Circuit Court to compel | 18 | | the Department to perform the actions mandated pursuant to the | 19 | | provisions of this Act. | 20 | | (b) If the Department fails to issue a valid registry | 21 | | identification card in response to a valid application or | 22 | | renewal submitted pursuant to this Act within 30 days of its | 23 | | submission, the registry identification card shall be deemed | 24 | | granted, and a copy of the registry identification application, | 25 | | including a valid written certification, or renewal shall be |
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| 1 | | deemed a valid registry identification card. | 2 | | Section 115. Repeal of Act. This Act is repealed 3 years | 3 | | after its effective date. | 4 | | Section 135. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-501 and by adding Section 11-501.9 as | 6 | | follows: | 7 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 8 | | Sec. 11-501. Driving while under the influence of alcohol, | 9 | | other drug or drugs, intoxicating compound or compounds or any | 10 | | combination thereof.
| 11 | | (a) A person shall not drive or be in actual physical | 12 | | control of any vehicle within this State while: | 13 | | (1) the alcohol concentration in the person's blood or | 14 | | breath is 0.08 or more based on the definition of blood and | 15 | | breath units in Section 11-501.2; | 16 | | (2) under the influence of alcohol; | 17 | | (3) under the influence of any intoxicating compound or | 18 | | combination of intoxicating compounds to a degree that | 19 | | renders the person incapable of driving safely; | 20 | | (4) under the influence of any other drug or | 21 | | combination of drugs to a degree that renders the person | 22 | | incapable of safely driving; | 23 | | (5) under the combined influence of alcohol, other drug |
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| 1 | | or drugs, or intoxicating compound or compounds to a degree | 2 | | that renders the person incapable of safely driving; or | 3 | | (6) there is any amount of a drug, substance, or | 4 | | compound in the person's breath, blood, or urine resulting | 5 | | from the unlawful use or consumption of cannabis listed in | 6 | | the Cannabis Control Act, a controlled substance listed in | 7 | | the Illinois Controlled Substances Act, an intoxicating | 8 | | compound listed in the Use of Intoxicating Compounds Act, | 9 | | or methamphetamine as listed in the Methamphetamine | 10 | | Control and Community Protection Act.
Subject to all other | 11 | | requirements set forth in this Act, for the purposes of | 12 | | this subsection the lawful consumption of cannabis by a | 13 | | qualified patient licensed under the Compassionate Use of | 14 | | Medical Cannabis Pilot Program Act who is in possession of | 15 | | a valid registry card shall be governed by the provisions | 16 | | set forth in Section 11-501.9. | 17 | | (b) The fact that any person charged with violating this | 18 | | Section is or has been legally entitled to use alcohol, other | 19 | | drug or drugs, or intoxicating compound or compounds, or any | 20 | | combination thereof, shall not constitute a defense against any | 21 | | charge of violating this Section. | 22 | | (c) Penalties. | 23 | | (1) Except as otherwise provided in this Section, any | 24 | | person convicted of violating subsection (a) of this | 25 | | Section is guilty of a Class A misdemeanor. | 26 | | (2) A person who violates subsection (a) or a similar |
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| 1 | | provision a second time shall be sentenced to a mandatory | 2 | | minimum term of either 5 days of imprisonment or 240 hours | 3 | | of community service in addition to any other criminal or | 4 | | administrative sanction. | 5 | | (3) A person who violates subsection (a) is subject to | 6 | | 6 months of imprisonment, an additional mandatory minimum | 7 | | fine of $1,000, and 25 days of community service in a | 8 | | program benefiting children if the person was transporting | 9 | | a person under the age of 16 at the time of the violation. | 10 | | (4) A person who violates subsection (a) a first time, | 11 | | if the alcohol concentration in his or her blood, breath, | 12 | | or urine was 0.16 or more based on the definition of blood, | 13 | | breath, or urine units in Section 11-501.2, or 2 times the | 14 | | cannabis in Section 11-501.9 shall be subject, in addition | 15 | | to any other penalty that may be imposed, to a mandatory | 16 | | minimum of 100 hours of community service and a mandatory | 17 | | minimum fine of $500. | 18 | | (5) A person who violates subsection (a) a second time, | 19 | | if at the time of the second violation the alcohol | 20 | | concentration in his or her blood, breath, or urine was | 21 | | 0.16 or more based on the definition of blood, breath, or | 22 | | urine units in Section 11-501.2 or 2 times the cannabis in | 23 | | Section 11-501.9 , shall be subject, in addition to any | 24 | | other penalty that may be imposed, to a mandatory minimum | 25 | | of 2 days of imprisonment and a mandatory minimum fine of | 26 | | $1,250. |
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| 1 | | (d) Aggravated driving under the influence of alcohol, | 2 | | other drug or drugs, or intoxicating compound or compounds, or | 3 | | any combination thereof.
| 4 | | (1) Every person convicted of committing a violation of | 5 | | this Section shall be guilty of aggravated driving under | 6 | | the influence of alcohol, other drug or drugs, or | 7 | | intoxicating compound or compounds, or any combination | 8 | | thereof if: | 9 | | (A) the person committed a violation of subsection | 10 | | (a) or a similar provision for the third or subsequent | 11 | | time; | 12 | | (B) the person committed a violation of subsection | 13 | | (a) while driving a school bus with persons 18 years of | 14 | | age or younger on board; | 15 | | (C) the person in committing a violation of | 16 | | subsection (a) was involved in a motor vehicle accident | 17 | | that resulted in great bodily harm or permanent | 18 | | disability or disfigurement to another, when the | 19 | | violation was a proximate cause of the injuries; | 20 | | (D) the person committed a violation of subsection | 21 | | (a) and has been previously convicted of violating | 22 | | Section 9-3 of the Criminal Code of 1961 or a similar | 23 | | provision of a law of another state relating to | 24 | | reckless homicide in which the person was determined to | 25 | | have been under the influence of alcohol, other drug or | 26 | | drugs, or intoxicating compound or compounds as an |
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| 1 | | element of the offense or the person has previously | 2 | | been convicted under subparagraph (C) or subparagraph | 3 | | (F) of this paragraph (1); | 4 | | (E) the person, in committing a violation of | 5 | | subsection (a) while driving at any speed in a school | 6 | | speed zone at a time when a speed limit of 20 miles per | 7 | | hour was in effect under subsection (a) of Section | 8 | | 11-605 of this Code, was involved in a motor vehicle | 9 | | accident that resulted in bodily harm, other than great | 10 | | bodily harm or permanent disability or disfigurement, | 11 | | to another person, when the violation of subsection (a) | 12 | | was a proximate cause of the bodily harm; | 13 | | (F) the person, in committing a violation of | 14 | | subsection (a), was involved in a motor vehicle, | 15 | | snowmobile, all-terrain vehicle, or watercraft | 16 | | accident that resulted in the death of another person, | 17 | | when the violation of subsection (a) was a proximate | 18 | | cause of the death; | 19 | | (G) the person committed a violation of subsection | 20 | | (a) during a period in which the defendant's driving | 21 | | privileges are revoked or suspended, where the | 22 | | revocation or suspension was for a violation of | 23 | | subsection (a) or a similar provision, Section | 24 | | 11-501.1, 11-501.9, paragraph (b) of Section 11-401, | 25 | | or for reckless homicide as defined in Section 9-3 of | 26 | | the Criminal Code of 1961; |
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| 1 | | (H) the person committed the violation while he or | 2 | | she did not possess a driver's license or permit or a | 3 | | restricted driving permit or a judicial driving permit | 4 | | or a monitoring device driving permit; | 5 | | (I) the person committed the violation while he or | 6 | | she knew or should have known that the vehicle he or | 7 | | she was driving was not covered by a liability | 8 | | insurance policy; | 9 | | (J) the person in committing a violation of | 10 | | subsection (a) was involved in a motor vehicle accident | 11 | | that resulted in bodily harm, but not great bodily | 12 | | harm, to the child under the age of 16 being | 13 | | transported by the person, if the violation was the | 14 | | proximate cause of the injury; or | 15 | | (K) the person in committing a second violation of | 16 | | subsection (a) or a similar provision was transporting | 17 | | a person under the age of 16. | 18 | | (2)(A) Except as provided otherwise, a person | 19 | | convicted of aggravated driving under the influence of | 20 | | alcohol, other drug or drugs, or intoxicating compound or | 21 | | compounds, or any combination thereof is guilty of a Class | 22 | | 4 felony. | 23 | | (B) A third violation of this Section or a similar | 24 | | provision is a Class 2 felony. If at the time of the third | 25 | | violation the alcohol concentration in his or her blood, | 26 | | breath, or urine was 0.16 or more based on the definition |
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| 1 | | of blood, breath, or urine units in Section 11-501.2, a | 2 | | mandatory minimum of 90 days of imprisonment and a | 3 | | mandatory minimum fine of $2,500 shall be imposed in | 4 | | addition to any other criminal or administrative sanction. | 5 | | If at the time of the third violation, the defendant was | 6 | | transporting a person under the age of 16, a mandatory fine | 7 | | of $25,000 and 25 days of community service in a program | 8 | | benefiting children shall be imposed in addition to any | 9 | | other criminal or administrative sanction. | 10 | | (C) A fourth violation of this Section or a similar | 11 | | provision is a Class 2 felony, for which a sentence of | 12 | | probation or conditional discharge may not be imposed. If | 13 | | at the time of the violation, the alcohol concentration in | 14 | | the defendant's blood, breath, or urine was 0.16 or more | 15 | | based on the definition of blood, breath, or urine units in | 16 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 17 | | be imposed in addition to any other criminal or | 18 | | administrative sanction. If at the time of the fourth | 19 | | violation, the defendant was transporting a person under | 20 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 21 | | community service in a program benefiting children shall be | 22 | | imposed in addition to any other criminal or administrative | 23 | | sanction. | 24 | | (D) A fifth violation of this Section or a similar | 25 | | provision is a Class 1 felony, for which a sentence of | 26 | | probation or conditional discharge may not be imposed. If |
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| 1 | | at the time of the violation, the alcohol concentration in | 2 | | the defendant's blood, breath, or urine was 0.16 or more | 3 | | based on the definition of blood, breath, or urine units in | 4 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 5 | | be imposed in addition to any other criminal or | 6 | | administrative sanction. If at the time of the fifth | 7 | | violation, the defendant was transporting a person under | 8 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 9 | | community service in a program benefiting children shall be | 10 | | imposed in addition to any other criminal or administrative | 11 | | sanction. | 12 | | (E) A sixth or subsequent violation of this Section or | 13 | | similar provision is a Class X felony. If at the time of | 14 | | the violation, the alcohol concentration in the | 15 | | defendant's blood, breath, or urine was 0.16 or more based | 16 | | on the definition of blood, breath, or urine units in | 17 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 18 | | be imposed in addition to any other criminal or | 19 | | administrative sanction. If at the time of the violation, | 20 | | the defendant was transporting a person under the age of | 21 | | 16, a mandatory fine of $25,000 and 25 days of community | 22 | | service in a program benefiting children shall be imposed | 23 | | in addition to any other criminal or administrative | 24 | | sanction. | 25 | | (F) For a violation of subparagraph (C) of paragraph | 26 | | (1) of this subsection (d), the defendant, if sentenced to |
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| 1 | | a term of imprisonment, shall be sentenced to not less than | 2 | | one year nor more than 12 years. | 3 | | (G) A violation of subparagraph (F) of paragraph (1) of | 4 | | this subsection (d) is a Class 2 felony, for which the | 5 | | defendant, unless the court determines that extraordinary | 6 | | circumstances exist and require probation, shall be | 7 | | sentenced to: (i) a term of imprisonment of not less than 3 | 8 | | years and not more than 14 years if the violation resulted | 9 | | in the death of one person; or (ii) a term of imprisonment | 10 | | of not less than 6 years and not more than 28 years if the | 11 | | violation resulted in the deaths of 2 or more persons. | 12 | | (H) For a violation of subparagraph (J) of paragraph | 13 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 14 | | 25 days of community service in a program benefiting | 15 | | children shall be imposed in addition to any other criminal | 16 | | or administrative sanction. | 17 | | (I) A violation of subparagraph (K) of paragraph (1) of | 18 | | this subsection (d), is a Class 2 felony and a mandatory | 19 | | fine of $2,500, and 25 days of community service in a | 20 | | program benefiting children shall be imposed in addition to | 21 | | any other criminal or administrative sanction. If the child | 22 | | being transported suffered bodily harm, but not great | 23 | | bodily harm, in a motor vehicle accident, and the violation | 24 | | was the proximate cause of that injury, a mandatory fine of | 25 | | $5,000 and 25 days of community service in a program | 26 | | benefiting children shall be imposed in addition to any |
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| 1 | | other criminal or administrative sanction. | 2 | | (J) A violation of subparagraph (D) of paragraph (1) of | 3 | | this subsection (d) is a Class 3 felony, for which a | 4 | | sentence of probation or conditional discharge may not be | 5 | | imposed. | 6 | | (3) Any person sentenced under this subsection (d) who | 7 | | receives a term of probation or conditional discharge must | 8 | | serve a minimum term of either 480 hours of community | 9 | | service or 10 days of imprisonment as a condition of the | 10 | | probation or conditional discharge in addition to any other | 11 | | criminal or administrative sanction. | 12 | | (e) Any reference to a prior violation of subsection (a) or | 13 | | a similar provision includes any violation of a provision of a | 14 | | local ordinance or a provision of a law of another state or an | 15 | | offense committed on a military installation that is similar to | 16 | | a violation of subsection (a) of this Section. | 17 | | (f) The imposition of a mandatory term of imprisonment or | 18 | | assignment of community service for a violation of this Section | 19 | | shall not be suspended or reduced by the court. | 20 | | (g) Any penalty imposed for driving with a license that has | 21 | | been revoked for a previous violation of subsection (a) of this | 22 | | Section shall be in addition to the penalty imposed for any | 23 | | subsequent violation of subsection (a). | 24 | | (h) For any prosecution under this Section, a certified | 25 | | copy of the driving abstract of the defendant shall be admitted | 26 | | as proof of any prior conviction.
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| 1 | | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | 2 | | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | 3 | | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.) | 4 | | (625 ILCS 5/11-501.9 new) | 5 | | Sec. 11-501.9. Medical cannabis; qualified patient; | 6 | | restrictions. | 7 | | (a) No person who is a qualified patient in possession of a | 8 | | valid registry card under the Compassionate Use of Medical | 9 | | Cannabis Pilot Program Act may operate a motor vehicle unless 4 | 10 | | hours have passed from the time that the qualified patient last | 11 | | consumed medical cannabis. | 12 | | (b) No person who is a qualified patient in possession of a | 13 | | valid registry card under the Compassionate Use of Medical | 14 | | Cannabis Pilot Program Act who has a concentration of cannabis | 15 | | in the person's urine of at least 15 nanograms of cannabis per | 16 | | milliliter of the person's urine or has a concentration of | 17 | | cannabis in the person's whole blood of at least 5 nanograms of | 18 | | cannabis per milliliter of the person's whole blood shall drive | 19 | | or be in actual physical control of any vehicle within this | 20 | | State. | 21 | | (c) The sole fact that the person is a qualified patient | 22 | | under the Compassionate Use of Medical Cannabis Pilot Program | 23 | | Act in possession of a registry card shall not constitute | 24 | | reasonable suspicion or probable cause that there is a | 25 | | violation under this Section or elsewhere. |
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| 1 | | (d) Any violation of this Section shall subject the | 2 | | offender to the penalties set forth in Section 11-501 and all | 3 | | other appropriate sanctions under law. | 4 | | Section 140. The Cannabis Control Act is amended by | 5 | | changing Sections 4, 5, 8, 9, and 16.1 as follows:
| 6 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| 7 | | Sec. 4. It is unlawful for any person knowingly to possess | 8 | | cannabis. Any person
who violates this section with respect to:
| 9 | | (a) not more than 2.5 grams of any substance containing | 10 | | cannabis is
guilty of a Class C misdemeanor;
| 11 | | (b) more than 2.5 grams but not more than 10 grams of | 12 | | any substance
containing cannabis is guilty of a Class B | 13 | | misdemeanor;
| 14 | | (c) more than 10 grams but not more than 30 grams of | 15 | | any substance
containing cannabis is guilty of a Class A | 16 | | misdemeanor; provided, that if
any offense under this | 17 | | subsection (c) is a subsequent offense, the offender
shall | 18 | | be guilty of a Class 4 felony;
| 19 | | (d) more than 30 grams but not more than 500 grams of | 20 | | any substance
containing cannabis is guilty of a Class 4 | 21 | | felony; provided that if any
offense under this subsection | 22 | | (d) is a subsequent offense, the offender
shall be guilty | 23 | | of a Class 3 felony;
| 24 | | (e) more than 500 grams but not more than 2,000 grams |
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| 1 | | of any substance
containing cannabis is guilty
of a Class 3 | 2 | | felony;
| 3 | | (f) more than 2,000 grams but not more than 5,000 grams | 4 | | of any
substance containing cannabis is guilty of a Class 2 | 5 | | felony;
| 6 | | (g) more than 5,000 grams of any substance containing | 7 | | cannabis is guilty
of a Class 1 felony ; .
| 8 | | (h) if any offense is committed under subsection (a) or | 9 | | (b) and the defendant is a registered nonprofit medical | 10 | | cannabis organization agent, the defendant is guilty of a | 11 | | Class 4 felony; | 12 | | (i) if any offense is committed under subsection (c) | 13 | | and the defendant is a registered nonprofit medical | 14 | | cannabis organization agent, the defendant is guilty of a | 15 | | Class 3 felony; | 16 | | (j) if any offense is committed under subsection (d) | 17 | | and the defendant is a registered nonprofit medical | 18 | | cannabis organization agent, the defendant is guilty of a | 19 | | Class 2 felony; | 20 | | (k) if any offense is committed under subsection (e) | 21 | | and the defendant is a registered nonprofit medical | 22 | | cannabis organization agent, the defendant is guilty of a | 23 | | Class 1 felony; | 24 | | (l) if any offense is committed under subsection (f) | 25 | | and the defendant is a registered nonprofit medical | 26 | | cannabis organization agent, the defendant is guilty of a |
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| 1 | | Class X felony; or | 2 | | (m) if any offense is committed under subsection (g) | 3 | | and the defendant is a registered nonprofit medical | 4 | | cannabis organization agent, the defendant is guilty of a | 5 | | Class X felony extended term. | 6 | | (Source: P.A. 90-397, eff. 8-15-97 .)
| 7 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
| 8 | | Sec. 5.
It is unlawful for any person knowingly to | 9 | | manufacture, deliver, or
possess with intent to deliver, or | 10 | | manufacture, cannabis. Any person who
violates this section | 11 | | with respect to:
| 12 | | (a) not more than 2.5 grams of any substance containing | 13 | | cannabis is
guilty of a Class B misdemeanor;
| 14 | | (b) more than 2.5 grams but not more than 10 grams of any | 15 | | substance
containing cannabis is guilty of a Class A | 16 | | misdemeanor;
| 17 | | (c) more than 10 grams but not more than 30 grams of any | 18 | | substance
containing cannabis is guilty of a Class 4 felony;
| 19 | | (d) more than 30 grams but not more than 500 grams of any | 20 | | substance
containing cannabis is guilty of a Class 3 felony for | 21 | | which a fine not
to exceed $50,000 may be imposed;
| 22 | | (e) more than 500 grams but not more than 2,000 grams of | 23 | | any substance
containing cannabis is guilty
of a Class 2 felony | 24 | | for which a fine not to exceed $100,000 may be
imposed;
| 25 | | (f) more than 2,000 grams but not more than 5,000 grams of |
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| 1 | | any
substance containing cannabis is guilty of a Class 1 felony | 2 | | for which a
fine not to exceed $150,000 may be imposed;
| 3 | | (g) more than 5,000 grams of any substance containing | 4 | | cannabis is guilty
of a Class X felony for which a fine not to | 5 | | exceed $200,000 may be imposed ; .
| 6 | | (h) if any offense is committed under subsections (a), (b) | 7 | | or (c) and the defendant is a registered nonprofit medical | 8 | | cannabis organization agent, the defendant is guilty of a Class | 9 | | 3 felony; | 10 | | (i) if any offense is committed under subsection (d) and | 11 | | the defendant is a registered nonprofit medical cannabis | 12 | | organization agent, the defendant is guilty of a Class 2 | 13 | | felony; | 14 | | (j) if any offense is committed under subsection (e) and | 15 | | the defendant is a registered nonprofit medical cannabis | 16 | | organization agent, the defendant is guilty of a Class 1 | 17 | | felony; | 18 | | (k) if any offense is committed under subsection (f) and | 19 | | the defendant is a registered nonprofit medical cannabis | 20 | | organization agent, the defendant is guilty of a Class X | 21 | | felony; or | 22 | | (l) if any offense is committed under subsection (g) and | 23 | | the defendant is a registered nonprofit medical cannabis | 24 | | organization agent, the defendant is guilty of a Class X with | 25 | | an extended term. | 26 | | (Source: P.A. 90-397, eff. 8-15-97.)
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| 1 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 2 | | Sec. 8. It is unlawful for any person knowingly to produce | 3 | | the
cannabis sativa plant or to possess such plants unless | 4 | | production or possession
has been authorized pursuant to the | 5 | | provisions of Section 11 of the Act.
Any person who violates | 6 | | this Section with respect to production or possession of:
| 7 | | (a) Not more than 5 plants is guilty of a Class A | 8 | | misdemeanor.
| 9 | | (b) More than 5, but not more than 20 plants, is guilty
of | 10 | | a Class 4 felony.
| 11 | | (c) More than 20, but not more than 50 plants, is
guilty of | 12 | | a Class 3 felony.
| 13 | | (d) More than 50, but not more than 200 plants, is guilty | 14 | | of a Class 2 felony for which
a fine not to exceed $100,000 may | 15 | | be imposed and for which liability for
the cost of conducting | 16 | | the investigation and eradicating such plants may be
assessed. | 17 | | Compensation for expenses incurred in the enforcement of this
| 18 | | provision shall be transmitted to and deposited in the | 19 | | treasurer's office
at the level of government represented by | 20 | | the Illinois law enforcement
agency whose officers or employees | 21 | | conducted the investigation or caused
the arrest or arrests | 22 | | leading to the prosecution, to be subsequently made
available | 23 | | to that law enforcement agency as expendable receipts for use | 24 | | in
the enforcement of laws regulating controlled substances and | 25 | | cannabis. If
such seizure was made by a combination of law |
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| 1 | | enforcement personnel
representing different levels of | 2 | | government, the court levying the
assessment shall determine | 3 | | the allocation of such assessment. The proceeds
of assessment | 4 | | awarded to the State treasury shall be deposited in a special
| 5 | | fund known as the Drug Traffic Prevention Fund. | 6 | | (e) More than 200 plants is guilty of a Class 1 felony for | 7 | | which
a fine not to exceed $100,000 may be imposed and for | 8 | | which liability for
the cost of conducting the investigation | 9 | | and eradicating such plants may be
assessed. Compensation for | 10 | | expenses incurred in the enforcement of this
provision shall be | 11 | | transmitted to and deposited in the treasurer's office
at the | 12 | | level of government represented by the Illinois law enforcement
| 13 | | agency whose officers or employees conducted the investigation | 14 | | or caused
the arrest or arrests leading to the prosecution, to | 15 | | be subsequently made
available to that law enforcement agency | 16 | | as expendable receipts for use in
the enforcement of laws | 17 | | regulating controlled substances and cannabis. If
such seizure | 18 | | was made by a combination of law enforcement personnel
| 19 | | representing different levels of government, the court levying | 20 | | the
assessment shall determine the allocation of such | 21 | | assessment. The proceeds
of assessment awarded to the State | 22 | | treasury shall be deposited in a special
fund known as the Drug | 23 | | Traffic Prevention Fund.
| 24 | | (Source: P.A. 95-247, eff. 1-1-08.)
| 25 | | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
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| 1 | | Sec. 9.
(a) Any person who engages in a calculated criminal
| 2 | | cannabis conspiracy, as defined in subsection (b), is guilty of | 3 | | a Class
3 felony, and fined not more than $200,000 and shall be | 4 | | subject to the
forfeitures prescribed in subsection (c); except | 5 | | that, if any person
engages in such offense after one or more | 6 | | prior convictions under this
Section, Section 4 (d), Section 5 | 7 | | (d), Section 8 (d) or any law of the United
States
or of any | 8 | | State relating to cannabis, or controlled substances as
defined | 9 | | in the Illinois Controlled Substances Act, in addition to the
| 10 | | fine and forfeiture authorized above, he shall be guilty of a | 11 | | Class 1
felony for which an offender may not be sentenced to | 12 | | death ; if any offense is committed under this Section and the | 13 | | defendant is a registered nonprofit medical cannabis | 14 | | organization agent, the defendant is guilty of a Class X | 15 | | felony .
| 16 | | (b) For purposes of this section, a person engages in a | 17 | | calculated
criminal cannabis conspiracy when:
| 18 | | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
or | 19 | | 8 (d) of this Act; and
| 20 | | (2) such violation is a part of a conspiracy undertaken or | 21 | | carried
on with 2 or more other persons; and
| 22 | | (3) he obtains anything of value greater than $500 from, or
| 23 | | organizes, directs or finances such violation or conspiracy.
| 24 | | (c) Any person who is convicted under this Section of | 25 | | engaging in a
calculated criminal cannabis conspiracy shall | 26 | | forfeit to the State of
Illinois:
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| 1 | | (1) the receipts obtained by him in such conspiracy; and
| 2 | | (2) any of his interests in, claims against, receipts from, | 3 | | or
property or rights of any kind affording a source of | 4 | | influence over,
such conspiracy.
| 5 | | (d) The circuit court may enter such injunctions, | 6 | | restraining
orders, directions, or prohibitions, or take such | 7 | | other actions,
including the acceptance of satisfactory | 8 | | performance bonds, in
connection with any property, claim, | 9 | | receipt, right or other interest
subject to forfeiture under | 10 | | this Section, as it deems proper.
| 11 | | (Source: P.A. 84-1233.)
| 12 | | (720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
| 13 | | Sec. 16.1.
In any prosecution for any violation of this | 14 | | Act, it shall
be an affirmative defense that the substance | 15 | | possessed by the defendant
was regulated as a controlled | 16 | | substance under the Illinois Controlled Substances
Act or | 17 | | pursuant to the Compassionate Use of Medical Cannabis Pilot | 18 | | Program Act . In order to raise
this affirmative defense, the | 19 | | defendant shall give notice thereof to the
State not less than | 20 | | 7 days prior to trial.
| 21 | | (Source: P.A. 84-1313; 84-1362.)
| 22 | | (720 ILCS 550/11 rep.) | 23 | | (720 ILCS 550/15 rep.) | 24 | | Section 145. The Cannabis Control Act is amended by |
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| 1 | | repealing Sections 11 and 15. | 2 | | Section 150. Severability. The provisions of this Act are | 3 | | severable under Section 1.31 of the Statute on Statutes. | 4 | | Section 999. Effective date. This Act takes effect upon | 5 | | becoming law.".
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