Full Text of HB0030 97th General Assembly
HB0030ham002 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 4/12/2011
| | 09700HB0030ham002 | | LRB097 03078 RLC 54424 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 30
| 2 | | AMENDMENT NO. ______. Amend House Bill 30, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Compassionate Use of Medical Cannabis Pilot Program Act. | 7 | | Section 5. Findings. | 8 | | (a) The recorded use of cannabis as a medicine goes back | 9 | | nearly 5,000 years. Modern medical research has confirmed the | 10 | | beneficial uses of cannabis in treating or alleviating the | 11 | | pain, nausea, and other symptoms associated with a variety of | 12 | | debilitating medical conditions, including cancer, multiple | 13 | | sclerosis, and HIV/AIDS, as found by the National Academy of | 14 | | Sciences' Institute of Medicine in March 1999. | 15 | | (b) Studies published since the 1999 Institute of Medicine | 16 | | report continue to show the therapeutic value of cannabis in |
| | | 09700HB0030ham002 | - 2 - | LRB097 03078 RLC 54424 a |
|
| 1 | | treating a wide array of debilitating medical conditions. These | 2 | | include relief of the neuropathic pain caused by multiple | 3 | | sclerosis, HIV/AIDS, and other illnesses that often fail to | 4 | | respond to conventional treatments and relief of nausea, | 5 | | vomiting, and other side effects of drugs used to treat | 6 | | HIV/AIDS and hepatitis C, increasing the chances of patients | 7 | | continuing on life-saving treatment regimens. | 8 | | (c) Cannabis has many currently accepted medical uses in | 9 | | the United States, having been recommended by thousands of | 10 | | licensed physicians to at least 600,000 patients in states with | 11 | | medical cannabis laws. The medical utility of cannabis is | 12 | | recognized by a wide range of medical and public health | 13 | | organizations, including the American Academy of HIV Medicine, | 14 | | the American College of Physicians, the American Nurses | 15 | | Association, the American Public Health Association, the | 16 | | Leukemia & Lymphoma Society, and many others. | 17 | | (d) Data from the Federal Bureau of Investigation's Uniform | 18 | | Crime Reports and the Compendium of Federal Justice Statistics | 19 | | show that approximately 99 out of every 100 cannabis arrests in | 20 | | the U.S. are made under State law, rather than under federal | 21 | | law. Consequently, changing State law will have the practical | 22 | | effect of protecting from arrest the vast majority of seriously | 23 | | ill patients who have a medical need to use cannabis. | 24 | | (e) Alaska, Arizona, California, Colorado, Hawaii, Maine, | 25 | | Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, | 26 | | Vermont, Rhode Island, Washington State, and Washington, D.C. |
| | | 09700HB0030ham002 | - 3 - | LRB097 03078 RLC 54424 a |
|
| 1 | | have removed state-level criminal penalties from the medical | 2 | | use and cultivation of cannabis. Illinois joins in this effort | 3 | | for the health and welfare of its citizens. | 4 | | (f) States are not required to enforce federal law or | 5 | | prosecute people for engaging in activities prohibited by | 6 | | federal law. Therefore, compliance with this act does not put | 7 | | the state of Illinois in violation of federal law. | 8 | | (g) State law should make a distinction between the medical | 9 | | and non-medical uses of cannabis. Hence, the purpose of this | 10 | | Act is to protect patients with debilitating medical | 11 | | conditions, as well as their physicians and providers, from | 12 | | arrest and prosecution, criminal and other penalties, and | 13 | | property forfeiture if such patients engage in the medical use | 14 | | of cannabis. | 15 | | Section 10. Definitions. The following terms, as used in | 16 | | this Act, shall have the meanings set forth in this Section: | 17 | | (a) "Adequate supply" means: | 18 | | (1) 2.5 ounces of usable cannabis during a period of 14 | 19 | | days and that is derived solely from an intrastate source; | 20 | | (2) Subject to the rules of the Department, a patient | 21 | | may apply for a waiver where a physician provides a | 22 | | substantial medical basis in a signed, written statement | 23 | | asserting that, based on the patient's medical history, in | 24 | | the physician's professional judgment, 2.5 ounces is an | 25 | | insufficient adequate supply for a 14-day period to |
| | | 09700HB0030ham002 | - 4 - | LRB097 03078 RLC 54424 a |
|
| 1 | | properly alleviate the patient's debilitating medical | 2 | | condition or symptoms associated with the debilitating | 3 | | medical condition.
| 4 | | (b) "Cannabis" has the meaning given that term in Section 3 | 5 | | of the Cannabis Control Act. | 6 | | (c) "Cardholder" means a qualifying patient or a designated | 7 | | caregiver who has been issued and possesses a valid registry | 8 | | identification card. | 9 | | (d) "Debilitating medical condition" means one or more of | 10 | | the following: | 11 | | (1) cancer, glaucoma, positive status for human | 12 | | immunodeficiency virus, acquired immune deficiency | 13 | | syndrome, hepatitis C, amyotrophic lateral sclerosis, | 14 | | Crohn's disease, agitation of Alzheimer's disease, | 15 | | cachexia/wasting syndrome,
muscular dystrophy,
severe | 16 | | fibromyalgia, spinal cord disease, including but not | 17 | | limited to arachnoiditis, Tarlov cysts, hydromyelia, | 18 | | syringomyelia,
spinal cord injury,
traumatic brain injury | 19 | | and post-concussion syndrome,
Multiple Sclerosis,
| 20 | | Arnold-Chiari malformation & Syringomyelia,
| 21 | | Spinocerebellar Ataxia (SCA),
Parkinson's,
Tourette's,
| 22 | | Myoclonus,
Dystonia,
Reflex Sympathetic Dystrophy, RSD | 23 | | (Complex Regional Pain Syndromes Type I),
Causalgia, CRPS | 24 | | (Complex Regional Pain Syndromes Type II),
| 25 | | Neurofibromatosis,
Chronic Inflammatory Demyelinating | 26 | | Polyneuropathy,
Sjogren's syndrome,
Lupus,
Interstitial |
| | | 09700HB0030ham002 | - 5 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Cystitis,
Myasthenia Gravis,
Hydrocephalus,
nail-patella | 2 | | syndrome,
or the treatment of these conditions; or | 3 | | (2) any other debilitating medical condition or its | 4 | | treatment added by the Department, as provided for in | 5 | | Section 30. | 6 | | (e) "Department" means the Department of Public Health or | 7 | | its successor agency. | 8 | | (f) "Designated caregiver" means a person who: | 9 | | (1) is at least 21 years of age; | 10 | | (2) has agreed to assist with a patient's medical use | 11 | | of cannabis; | 12 | | (3) has not been convicted of an excluded offense; and | 13 | | (4) assists no more than one qualifying patient with | 14 | | his or her medical use of cannabis. | 15 | | (g) "Enclosed, locked facility" means a closet, room, | 16 | | greenhouse, building, or other enclosed area equipped with | 17 | | locks or other security devices that permit access only by a | 18 | | nonprofit medical cannabis organization's agents working for | 19 | | the registered nonprofit medical cannabis organization to | 20 | | cultivate the plants for a registered qualifying patient. | 21 | | (h) "Excluded offense" means: | 22 | | (1) a violent crime defined in Section 3 of the Rights | 23 | | of Crime Victims and Witnesses Act or a substantially | 24 | | similar offense that was classified as a felony in the | 25 | | jurisdiction where the person was convicted; or | 26 | | (2) a violation of a state or federal controlled |
| | | 09700HB0030ham002 | - 6 - | LRB097 03078 RLC 54424 a |
|
| 1 | | substance law that was classified as a felony in the | 2 | | jurisdiction where the person was convicted, except that | 3 | | the Department shall waive this restriction if the person | 4 | | demonstrates to the Department's satisfaction that his or | 5 | | her conviction was for the possession, cultivation, | 6 | | transfer, or delivery of a reasonable amount of cannabis | 7 | | intended for medical use. This exception shall not apply if | 8 | | the conviction was under state law and involved a violation | 9 | | of an existing medical cannabis law. | 10 | | (i) "Nonprofit medical cannabis organization agent" means | 11 | | a principal officer, board member, employee, or agent of a | 12 | | registered nonprofit medical cannabis organization who is 21 | 13 | | years of age or older and has not been convicted of an excluded | 14 | | offense. | 15 | | (j) "Nonprofit medical cannabis organization agent | 16 | | identification card" means a document issued by the Department | 17 | | that identifies a person as a nonprofit medical cannabis | 18 | | organization agent. | 19 | | (k) "Medical use" means the acquisition; administration; | 20 | | delivery; possession; transportation; transfer; | 21 | | transportation; or use of cannabis or paraphernalia relating to | 22 | | the administration of cannabis to treat or alleviate a | 23 | | registered qualifying patient's debilitating medical condition | 24 | | or symptoms associated with the patient's debilitating medical | 25 | | condition. | 26 | | (l) "Physician" means a doctor of medicine or doctor of |
| | | 09700HB0030ham002 | - 7 - | LRB097 03078 RLC 54424 a |
|
| 1 | | osteopathy licensed under the Medical Practice Act of 1987 to | 2 | | practice medicine in all its branches who has the authority to | 3 | | prescribe drugs to humans under Article III of the Illinois | 4 | | Controlled Substances Act. It does not include a licensed | 5 | | practitioner under any other Act including but not limited to | 6 | | the Illinois Dental Practice Act. In relation to a visiting | 7 | | qualifying patient, "physician" means a person who is licensed | 8 | | as a doctor of medicine or doctor of osteopathy who with | 9 | | authority to prescribe drugs to humans in the state of the | 10 | | patient's residence. | 11 | | (m) "Qualifying patient" means a person who has been | 12 | | diagnosed by a physician as having a debilitating medical | 13 | | condition. | 14 | | (n) "Registered nonprofit medical cannabis organization" | 15 | | means a not-for-profit entity that: | 16 | | (1) is organized pursuant to the General Not for Profit | 17 | | Corporation Act of 1986 provided that it has not been | 18 | | formed by a for-profit entity organized under the laws of | 19 | | this or any other state; | 20 | | (2) is registered with the Department pursuant to | 21 | | Section 65; and | 22 | | (3) acquires, possesses, cultivates, manufactures, | 23 | | delivers, transfers, transports, sells, supplies, or | 24 | | dispenses cannabis, paraphernalia, or related supplies and | 25 | | educational materials to registered qualifying patients. | 26 | | Nothing in this subsection (n) shall be construed as |
| | | 09700HB0030ham002 | - 8 - | LRB097 03078 RLC 54424 a |
|
| 1 | | prohibiting a nonprofit medical cannabis organization from | 2 | | receiving payment for all expenses incurred in its operation. | 3 | | (o) "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 | | (p) "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 | | (q) "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 | | (r) "Visiting qualifying patient" means a person who: | 18 | | (1) has been diagnosed with a debilitating medical | 19 | | condition; | 20 | | (2) possesses a valid registry identification card, or | 21 | | its equivalent, that was issued pursuant to the laws of | 22 | | another state, district, territory, commonwealth, insular | 23 | | possession of the United States, or country recognized by | 24 | | the United States that allows the person to use cannabis | 25 | | for medical purposes in the jurisdiction of issuance; and | 26 | | (3) is not a resident of Illinois and has been visiting |
| | | 09700HB0030ham002 | - 9 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Illinois for 30 days or less or who has been a resident of | 2 | | Illinois for less than 30 days. | 3 | | (s) "Written certification" means a document dated and | 4 | | signed by a physician, stating (1) that in the physician's | 5 | | professional opinion the patient is likely to receive | 6 | | therapeutic or palliative benefit from the medical use of | 7 | | cannabis to treat or alleviate the patient's debilitating | 8 | | medical condition or symptoms associated with the debilitating | 9 | | medical condition; (2) that the qualifying patient has a | 10 | | debilitating medical condition and specifying what | 11 | | debilitating medical condition the qualifying patient has; and | 12 | | (3) that the patient is under the physician's care for the | 13 | | debilitating medical condition. A written certification shall | 14 | | be made only in the course of a bona fide physician-patient | 15 | | relationship, after the physician has completed an assessment | 16 | | of the qualifying patient's medical history upon a complete | 17 | | review of records related to the patient's debilitating | 18 | | condition and conducted a physical exam. A bona fide | 19 | | physician-patient relationship under this subsection is a | 20 | | privileged communication within the meaning of Section 8-802 of | 21 | | the Code of Civil Procedure. | 22 | | Section 15. Immunities and presumptions related to the | 23 | | medical use of cannabis. | 24 | | (a) A registered qualifying patient shall not be subject to | 25 | | arrest, prosecution, or denial of any right or privilege, |
| | | 09700HB0030ham002 | - 10 - | LRB097 03078 RLC 54424 a |
|
| 1 | | including but not limited to civil penalty or disciplinary | 2 | | action by an occupational or professional licensing board, for | 3 | | the medical use of cannabis in accordance with this Act, if the | 4 | | registered qualifying patient possesses an amount of cannabis | 5 | | that does not exceed an adequate supply as defined in | 6 | | subsection (a) of Section 10 of this Act of usable cannabis. | 7 | | (b) A registered designated caregiver shall not be subject | 8 | | to arrest, prosecution, or denial of any right or privilege, | 9 | | including but not limited to civil penalty or disciplinary | 10 | | action by an occupational or professional licensing board, for | 11 | | acting in accordance with this Act to assist a registered | 12 | | qualifying patient to whom he or she is connected through the | 13 | | Department's registration process with the medical use of | 14 | | cannabis if the designated caregiver possesses an amount of | 15 | | cannabis that does not exceed an adequate supply as defined in | 16 | | subsection (a) of Section 10 of this Act of usable cannabis. | 17 | | The total amount possessed between the qualifying patient and | 18 | | caregiver shall not exceed the patient's adequate supply as | 19 | | defined in subsection (a) of Section 10 of this Act. | 20 | | (c)(1) A visiting qualifying patient shall not be subject | 21 | | to arrest, prosecution, or denial of any right or privilege, | 22 | | including but not limited to civil penalty or disciplinary | 23 | | action by an occupational or professional licensing board, for | 24 | | the medical use of cannabis pursuant to this Act if the | 25 | | visiting qualifying patient does not possess more than an | 26 | | adequate supply of usable cannabis. A visiting qualifying |
| | | 09700HB0030ham002 | - 11 - | LRB097 03078 RLC 54424 a |
|
| 1 | | patient may not purchase cannabis from a nonprofit medical | 2 | | dispensary until he or she receives a written certification | 3 | | from an Illinois physician and an Illinois registry card as | 4 | | provided for under this Act. | 5 | | (2) If a person in possession of no more than an adequate | 6 | | supply of usable cannabis claims to be a visiting qualifying | 7 | | patient, but the law enforcement agent is not able to verify | 8 | | the registry identification card or its equivalent or that the | 9 | | person has been in the State for 30 days or less, the agent may | 10 | | issue the visiting qualifying patient a summons for possession | 11 | | of cannabis. The summons shall be dismissed if the person | 12 | | demonstrates his or her status as a visiting qualifying | 13 | | patient. | 14 | | (d) A registered qualifying patient, visiting qualifying | 15 | | patient, or registered designated caregiver shall not be | 16 | | subject to arrest, prosecution, or denial of any right or | 17 | | privilege, including but not limited to civil penalty or | 18 | | disciplinary action by a occupational or professional | 19 | | licensing board for possession of cannabis that is incidental | 20 | | to medical use, but is not usable cannabis as defined in this | 21 | | Act. | 22 | | (e)(1) There shall be a rebuttable presumption that a | 23 | | qualifying patient is engaged in, or a designated caregiver is | 24 | | assisting with, the medical use of cannabis in accordance with | 25 | | this Act if the qualifying patient or designated caregiver: | 26 | | (A) is in possession of a valid registry identification |
| | | 09700HB0030ham002 | - 12 - | LRB097 03078 RLC 54424 a |
|
| 1 | | card; and | 2 | | (B) is in possession of an amount of cannabis that does | 3 | | not exceed the amount allowed under subsection (a) of | 4 | | Section 10. | 5 | | (2) The presumption may be rebutted by evidence that | 6 | | conduct related to cannabis was not for the purpose of treating | 7 | | or alleviating the qualifying patient's debilitating medical | 8 | | condition or symptoms associated with the debilitating medical | 9 | | condition in compliance with this Act. | 10 | | (f) A physician shall not be subject to arrest, | 11 | | prosecution, or penalty in any manner, or denied any right or | 12 | | privilege, including but not limited to civil penalty or | 13 | | disciplinary action by the Medical Disciplinary Board or by any | 14 | | other occupational or professional licensing board, solely for | 15 | | providing written certifications or for otherwise stating | 16 | | that, in the physician's professional opinion, a patient is | 17 | | likely to receive therapeutic or palliative benefit from the | 18 | | medical use of cannabis to treat or alleviate the patient's | 19 | | debilitating medical condition or symptoms associated with the | 20 | | debilitating medical condition, provided that nothing shall | 21 | | prevent a professional licensing board from sanctioning a | 22 | | physician for: | 23 | | (1) issuing a written certification to a patient who is | 24 | | not under the physician's care for a debilitating medical | 25 | | condition; or | 26 | | (2) failing to properly evaluate a patient's medical |
| | | 09700HB0030ham002 | - 13 - | LRB097 03078 RLC 54424 a |
|
| 1 | | condition or otherwise violating the standard of care for | 2 | | evaluating medical conditions. | 3 | | (g) No person may be subject to arrest, prosecution, or | 4 | | denial of any right or privilege, including but not limited to | 5 | | civil penalty or disciplinary action by an occupational or | 6 | | professional licensing board, solely for: | 7 | | (1) selling cannabis paraphernalia to a cardholder | 8 | | upon presentation of an unexpired registry identification | 9 | | card in the recipient's name; | 10 | | (2) being in the presence or vicinity of the medical | 11 | | use of cannabis as allowed under this Act; or | 12 | | (3) assisting a registered qualifying patient with the | 13 | | act of administering cannabis. | 14 | | (h) A registered nonprofit medical cannabis organization | 15 | | shall not be subject to prosecution; search or inspection, | 16 | | except by the Department pursuant to subsection (s) of Section | 17 | | 85; seizure; or penalty in any manner, or be denied any right | 18 | | or privilege, including but not limited to civil penalty or | 19 | | disciplinary action by a business licensing board or entity, | 20 | | for acting pursuant to this Act and Department rules to: | 21 | | acquire, possess, cultivate, manufacture, deliver, transfer, | 22 | | transport, supply, sell, or dispense cannabis or related | 23 | | supplies and educational materials to registered qualifying | 24 | | patients who have designated the medical cannabis organization | 25 | | to provide for them, to registered designated caregivers on | 26 | | behalf of the registered qualifying patients who have |
| | | 09700HB0030ham002 | - 14 - | LRB097 03078 RLC 54424 a |
|
| 1 | | designated the registered nonprofit medical cannabis | 2 | | organization. | 3 | | (i) A nonprofit medical cannabis organization agent shall | 4 | | not be subject to prosecution, search, or penalty in any | 5 | | manner, or be denied any right or privilege, including but not | 6 | | limited to civil penalty or disciplinary action by a business | 7 | | licensing board or entity, for working or volunteering for a | 8 | | registered nonprofit medical cannabis organization pursuant to | 9 | | this Act and Department rules, including to perform the actions | 10 | | listed under subsection (h). | 11 | | (j) Any cannabis, cannabis paraphernalia, licit property, | 12 | | or interest in licit property that is possessed, owned, or used | 13 | | in connection with the medical use of cannabis as allowed under | 14 | | this Act, or acts incidental to such use, shall not be seized | 15 | | or forfeited. This Act shall not prevent the seizure or | 16 | | forfeiture of cannabis exceeding the amounts allowed under this | 17 | | Act, nor shall it prevent seizure or forfeiture if the basis | 18 | | for the action is unrelated to the cannabis that is possessed, | 19 | | manufactured, transferred, or used pursuant to this Act. | 20 | | (k) Mere possession of, or application for, a registry | 21 | | identification card or registration certificate shall not | 22 | | constitute probable cause or reasonable suspicion, nor shall it | 23 | | be used as the sole basis to support the search of the person, | 24 | | property, or home of the person possessing or applying for the | 25 | | registry identification card. The possession of, or | 26 | | application for, a registry identification card shall not |
| | | 09700HB0030ham002 | - 15 - | LRB097 03078 RLC 54424 a |
|
| 1 | | preclude the existence of probable cause if probable cause | 2 | | exists on other grounds. | 3 | | (l) Nothing in this Act shall preclude law enforcement from | 4 | | searching a registered nonprofit medical cannabis organization | 5 | | where there is probable cause to believe that the criminal laws | 6 | | of this State have been violated and the search is conducted in | 7 | | conformity with the Illinois Constitution and the Constitution | 8 | | of the United States. | 9 | | Section 20. Limitations and penalties. | 10 | | (a) This Act shall not permit any person to engage in, and | 11 | | does not prevent the imposition of any civil, criminal, or | 12 | | other penalties for engaging in, the following conduct: | 13 | | (1) Undertaking any task under the influence of | 14 | | cannabis, when doing so would constitute negligence or | 15 | | professional malpractice; | 16 | | (2) Possessing cannabis, or otherwise engaging in the | 17 | | medical use of cannabis: | 18 | | (A) in a school bus; | 19 | | (B) on the grounds of any preschool or primary or | 20 | | secondary school; or | 21 | | (C) in any correctional facility. | 22 | | (3) Smoking cannabis: | 23 | | (A) on any form of public transportation; or | 24 | | (B) in any public place. | 25 | | (4) Operating, navigating, or being in actual physical |
| | | 09700HB0030ham002 | - 16 - | LRB097 03078 RLC 54424 a |
|
| 1 | | control of any motor vehicle, aircraft, or motorboat while | 2 | | under the influence of cannabis in violation of Sections | 3 | | 11-501 and 11-501.9 of the Illinois Vehicle Code. | 4 | | (5) Using cannabis if that person does not have a | 5 | | debilitating medical condition. | 6 | | (6) Allowing any person who is not allowed to use | 7 | | cannabis under this Act to use cannabis that a cardholder | 8 | | is allowed to possess pursuant to this Act. | 9 | | (7) Transferring cannabis to any person who is not | 10 | | allowed to possess cannabis under this Act. | 11 | | (b) Nothing in this Act shall be construed to prevent the | 12 | | arrest or prosecution of a registered qualifying patient for | 13 | | reckless driving or driving under the influence of cannabis | 14 | | where probable cause exists. | 15 | | (c) Notwithstanding all other criminal penalties related | 16 | | to the unlawful possession of cannabis, fraudulent | 17 | | representation to a law enforcement official of any fact or | 18 | | circumstance relating to the medical use of cannabis to avoid | 19 | | arrest or prosecution is a petty offense punishable by a fine | 20 | | of up to $1,000, which shall be in addition to any other | 21 | | penalties that may apply for making a false statement or for | 22 | | the use of cannabis other than use undertaken pursuant to this | 23 | | Act. | 24 | | (d) Notwithstanding all other criminal penalties related | 25 | | to the unlawful possession of cannabis, any person who | 26 | | fraudulently represents a medical condition to a physician or |
| | | 09700HB0030ham002 | - 17 - | LRB097 03078 RLC 54424 a |
|
| 1 | | fraudulently provides material misinformation to a physician | 2 | | in order to obtain written certification is guilty of a petty | 3 | | offense punishable by a fine of up to $1,000. | 4 | | (e) Any cardholder who sells cannabis to a person who is | 5 | | not allowed to possess cannabis for medical purposes under this | 6 | | Act shall have his or her registry identification card revoked | 7 | | and shall be subject to other penalties for the unauthorized | 8 | | sale of cannabis. | 9 | | (f) Any registered qualifying patient who commits a | 10 | | violation of 11-501.9 of the Illinois Vehicle Code or refuses a | 11 | | properly requested test related to operating a motor vehicle | 12 | | while under the influence of cannabis shall have his or her | 13 | | registry identification card revoked. | 14 | | Section 25. Discrimination prohibited. | 15 | | (a)(1) No school, employer, or landlord may refuse to | 16 | | enroll or lease to, or otherwise penalize, a person solely for | 17 | | his or her status as a registered qualifying patient or a | 18 | | registered designated caregiver, unless failing to do so would | 19 | | put the school, employer, or landlord in violation of federal | 20 | | law or unless failing to do so would cause it to lose a | 21 | | monetary or licensing-related benefit under federal law or | 22 | | rules. This shall not prevent a landlord from prohibiting the | 23 | | smoking of cannabis on the premises. | 24 | | (2) For the purposes of medical care, including organ | 25 | | transplants, a registered qualifying patient's authorized use |
| | | 09700HB0030ham002 | - 18 - | LRB097 03078 RLC 54424 a |
|
| 1 | | of cannabis in accordance with this Act shall be considered the | 2 | | equivalent of the authorized use of any other medication used | 3 | | at the direction of a physician, and shall not constitute the | 4 | | use of an illicit substance or otherwise disqualify a | 5 | | qualifying patient from needed medical care. | 6 | | (b) A person otherwise entitled to custody of or visitation | 7 | | or parenting time with a minor shall not be denied such a | 8 | | right, and there shall be no presumption of neglect or child | 9 | | endangerment, for conduct allowed under this Act, unless the | 10 | | person's actions in relation to cannabis were such that they | 11 | | created an unreasonable danger to the safety of the minor as | 12 | | established by clear and convincing evidence. | 13 | | (c) No school, landlord, or employer may be penalized or | 14 | | denied any benefit under state law for enrolling, leasing to, | 15 | | or employing a cardholder. | 16 | | (d) Nothing in this Act may be construed to require a | 17 | | government medical assistance program or private health | 18 | | insurer to reimburse a person for costs associated with the | 19 | | medical use of cannabis. | 20 | | (e) Nothing in this Act may be construed to require any | 21 | | person or establishment in lawful possession of property to | 22 | | allow a guest, client, customer, or visitor to smoke cannabis | 23 | | on or in that property.
| 24 | | Section 30. Addition of debilitating medical conditions. | 25 | | Any citizen may petition the Department to add debilitating |
| | | 09700HB0030ham002 | - 19 - | LRB097 03078 RLC 54424 a |
|
| 1 | | conditions or treatments to the list of debilitating medical | 2 | | conditions listed in subsection (d) of Section 10. The | 3 | | Department shall consider petitions in the manner required by | 4 | | Department rule, including public notice and hearing. The | 5 | | Department shall approve or deny a petition within 180 days of | 6 | | its submission. The approval or denial of any petition is a | 7 | | final decision of the Department, subject to judicial review. | 8 | | Jurisdiction and venue are vested in the Circuit Court. | 9 | | Section 35. Employment; employer liability. | 10 | | (a) Nothing in this Act shall prohibit an employer from | 11 | | adopting reasonable regulations concerning the consumption, | 12 | | storage, or timekeeping requirements for qualifying patients | 13 | | related to the use of medical cannabis. | 14 | | (b) Nothing in this Act shall prohibit an employer from | 15 | | enforcing a policy concerning drug testing, zero-tolerance, or | 16 | | a drug free workplace provided such policy is applied in a | 17 | | nondiscriminatory manner. | 18 | | (c) Nothing in this Act shall limit an employer from | 19 | | disciplining a qualifying patient for violating a workplace | 20 | | drug policy. | 21 | | (d) Nothing in this Act shall limit an employer's ability | 22 | | to discipline an employee for failing a drug test if failing to | 23 | | do so would put the employer in violation of federal law or | 24 | | cause it to lose a federal contract or funding. | 25 | | (e) Nothing in this Act shall be construed to create a |
| | | 09700HB0030ham002 | - 20 - | LRB097 03078 RLC 54424 a |
|
| 1 | | defense for a third party who fails a drug test. | 2 | | (f) An employer may consider a qualifying patient to be | 3 | | impaired when he or she manifests specific, articulable | 4 | | symptoms while working that decrease or lessen his or her | 5 | | performance of the duties or tasks of the employee's job | 6 | | position, including symptoms of the employee's speech, | 7 | | physical dexterity, agility, coordination, demeanor, | 8 | | irrational or unusual behavior, negligence or carelessness in | 9 | | operating equipment or machinery, disregard for the safety of | 10 | | the employee or others, or involvement in an accident that | 11 | | results in serious damage to equipment or property, disruption | 12 | | of a production or manufacturing process, or carelessness that | 13 | | results in any injury to the employee or others. If an employer | 14 | | elects to discipline a qualifying patient under this | 15 | | subsection, it must afford the employee a reasonable | 16 | | opportunity to contest the basis of the determination. | 17 | | (g) Notwithstanding subsection (b), an employer may | 18 | | presume a registered qualifying patient to be impaired where | 19 | | the level of cannabis in the person's blood or urine is greater | 20 | | than the limits set for in subsection (b) of Section 11-501.9 | 21 | | of the Illinois Vehicle Code. | 22 | | (h) Nothing in this Act shall be construed to create or | 23 | | imply a cause of action for any person against an employer for: | 24 | | (1) actions based on the employer's good faith belief | 25 | | that a registered qualifying patient used or possessed | 26 | | cannabis while on the employer's premises or during the |
| | | 09700HB0030ham002 | - 21 - | LRB097 03078 RLC 54424 a |
|
| 1 | | hours of employment; | 2 | | (2) actions based on the employer's good faith belief | 3 | | that a registered qualifying patient was impaired while | 4 | | working on the employer's premises during the hours of | 5 | | employment; | 6 | | (3) injury or loss to a third party so long as the | 7 | | employer neither knew nor had reason to know that the | 8 | | employee was impaired. | 9 | | (i) 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 |
| | | 09700HB0030ham002 | - 22 - | LRB097 03078 RLC 54424 a |
|
| 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) the application or renewal fee; | 6 | | (4) the name, address, and date of birth of the | 7 | | qualifying patient, except that if the applicant is | 8 | | homeless no address is required; | 9 | | (5) the name, address, and telephone number of the | 10 | | qualifying patient's physician; | 11 | | (6) the name, address, and date of birth of the | 12 | | designated caregiver, if any, chosen by the qualifying | 13 | | patient; | 14 | | (7) the name of the registered nonprofit medical | 15 | | cannabis organization the qualifying patient designates; | 16 | | and | 17 | | (8) signed statements from the patient and designated | 18 | | caregiver asserting that they will not divert medical | 19 | | cannabis. | 20 | | Section 45. Issuance of registry identification cards. | 21 | | (a) Except as provided in subsection (b), the Department | 22 | | shall: | 23 | | (1) Verify the information contained in an application | 24 | | or renewal submitted pursuant to this Act, and approve or | 25 | | deny an application or renewal, within 30 days of receiving |
| | | 09700HB0030ham002 | - 23 - | LRB097 03078 RLC 54424 a |
|
| 1 | | a completed application or renewal application. | 2 | | (2) Issue registry identification cards to a | 3 | | qualifying patient and his or her designated caregiver, if | 4 | | any, within 5 days of approving the application or renewal. | 5 | | (3) Enter the registry identification number of the | 6 | | registered nonprofit medical cannabis organization the | 7 | | patient designates into the verification system. | 8 | | (b) The Department shall not issue a registry | 9 | | identification card to a qualifying patient who is younger than | 10 | | 18 years of age unless: | 11 | | (1) the qualifying patient's physician has explained | 12 | | the potential risks and benefits of the medical use of | 13 | | cannabis to the custodial parent or legal guardian with | 14 | | responsibility for health care decisions for the | 15 | | qualifying patient; and | 16 | | (2) the custodial parent or legal guardian with | 17 | | responsibility for health care decisions for the | 18 | | qualifying patient consents in writing to: | 19 | | (A) allow the qualifying patient's medical use of | 20 | | cannabis; | 21 | | (B) serve as the qualifying patient's designated | 22 | | caregiver; and | 23 | | (C) control the acquisition of the cannabis, the | 24 | | dosage, and the frequency of the medical use of | 25 | | cannabis by the qualifying patient. | 26 | | (c) The registry identification card of or its equivalent |
| | | 09700HB0030ham002 | - 24 - | LRB097 03078 RLC 54424 a |
|
| 1 | | that is issued under the laws of another state, district, | 2 | | territory, commonwealth, or insular possession of the United | 3 | | States that allows that visiting qualifying patient to possess | 4 | | or use medical cannabis shall not authorize a visiting | 5 | | qualifying patient to obtain cannabis from a registered | 6 | | nonprofit medical cannabis dispensary. | 7 | | (d) A veteran who has received treatment at a VA hospital | 8 | | may have a bona fide physician-patient relationship so long as | 9 | | the doctor has taken over an aspect of care related to the | 10 | | debilitating condition and the patient meets all other | 11 | | statutory requirements. All reasonable inferences regarding | 12 | | the existence of a bona fide physician-patient relationship | 13 | | shall be drawn in favor of any applicant who is a veteran and | 14 | | has undergone treatment at a VA hospital. | 15 | | (e) Upon the approval of the registration and issuance of a | 16 | | registry card under this Section, the Department shall forward | 17 | | the patient's drivers license number to the Secretary of State | 18 | | and certify that the individual is permitted to engage in the | 19 | | medical use of cannabis. For the purposes of law enforcement, | 20 | | the Secretary of State shall make a notation on the person's | 21 | | driving record stating the person is a qualifying patient who | 22 | | is entitled to the lawful medical use of cannabis. If the | 23 | | person no longer holds a valid registry card, the Department | 24 | | shall notify the Secretary of State and the Secretary of State | 25 | | shall remove the notation from the person's driving record. The | 26 | | Department and the Secretary of State may establish a system by |
| | | 09700HB0030ham002 | - 25 - | LRB097 03078 RLC 54424 a |
|
| 1 | | which such information may be shared electronically. | 2 | | Section 50. Denial of registry identification cards. | 3 | | (a) The Department may deny an application or renewal of a | 4 | | qualifying patient's registry identification card only if the | 5 | | applicant: | 6 | | (1) did not provide the required information and | 7 | | materials; | 8 | | (2) previously had a registry identification card | 9 | | revoked; | 10 | | (3) did not meet the requirements of this Act; or | 11 | | (4) provided false or falsified information. | 12 | | (b) The Department may deny an application or renewal for a | 13 | | designated caregiver chosen by a qualifying patient whose | 14 | | registry identification card was granted only if: | 15 | | (1) the designated caregiver does not meet the | 16 | | requirements of subsection (i) of Section 10; | 17 | | (2) the applicant did not provide the information | 18 | | required; | 19 | | (3) the prospective patient's application was denied; | 20 | | (4) the designated caregiver previously had a registry | 21 | | identification card revoked; or | 22 | | (5) the applicant or the designated caregiver provided | 23 | | false or falsified information. | 24 | | (c) The Department shall conduct a background check of the | 25 | | prospective designated caregiver in order to carry out this |
| | | 09700HB0030ham002 | - 26 - | LRB097 03078 RLC 54424 a |
|
| 1 | | provision. Each person applying as a designated caregiver shall | 2 | | submit a full set of fingerprints to the Department for the | 3 | | purpose of obtaining a state and federal criminal records | 4 | | check. The Department may exchange this data with the Federal | 5 | | Bureau of Investigation without disclosing that the records | 6 | | check is related to this Act. The Department shall destroy each | 7 | | set of fingerprints after the criminal records check is | 8 | | completed. | 9 | | (d) The Department shall notify the qualifying patient who | 10 | | has designated someone to serve as his or her designated | 11 | | caregiver if a registry identification card will not be issued | 12 | | to the designated caregiver. | 13 | | (e) Denial of an application or renewal is considered a | 14 | | final Department action, subject to judicial review. | 15 | | Jurisdiction and venue for judicial review are vested in the | 16 | | Circuit Court. | 17 | | Section 55. Registry identification cards. A qualifying | 18 | | patient or designated caregiver must keep their registry | 19 | | identification card in their possession at all times when | 20 | | engaging in the medical use of cannabis. | 21 | | (a) Registry identification cards shall contain all of the | 22 | | following: | 23 | | (1) the name of the cardholder; | 24 | | (2) a designation of whether the cardholder is a | 25 | | designated caregiver or qualifying patient; |
| | | 09700HB0030ham002 | - 27 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (3) the date of issuance and expiration date of the | 2 | | registry identification card; | 3 | | (4) a random 10-digit alphanumeric identification | 4 | | number, containing at least 4 numbers and at least 4 | 5 | | letters, that is unique to the cardholder; | 6 | | (5) if the cardholder is a designated caregiver, the | 7 | | random 10-digit alphanumeric identification number of the | 8 | | qualifying patient the designated caregiver is receiving | 9 | | the registry identification card to assist; and | 10 | | (6) a photograph of the cardholder, if the Department's | 11 | | rules require one. | 12 | | (b) Except as provided in this subsection, the expiration | 13 | | date shall be one year after the date of issuance. | 14 | | (c) The Department may, at its discretion, electronically | 15 | | store in the card any or all of the information listed in | 16 | | subsection (a), along with the address and date of birth of the | 17 | | cardholder, to allow it to be read by law enforcement agents. | 18 | | Section 60. Notifications to Department and responses; | 19 | | civil penalty. | 20 | | (a) The following notifications and Department responses | 21 | | are required: | 22 | | (1) A registered qualifying patient shall notify the | 23 | | Department of any change in his or her name or address, or | 24 | | if the registered qualifying patient ceases to have his or | 25 | | her debilitating medical condition, within 10 days of the |
| | | 09700HB0030ham002 | - 28 - | LRB097 03078 RLC 54424 a |
|
| 1 | | change. | 2 | | (2) A registered designated caregiver shall notify the | 3 | | Department of any change in his or her name or address, or | 4 | | if the designated caregiver becomes aware the qualifying | 5 | | patient passed away, within 10 days of the change. | 6 | | (3) Before a registered qualifying patient changes his | 7 | | or her designated caregiver, the qualifying patient must | 8 | | notify the Department. | 9 | | (4) If a cardholder loses his or her registry | 10 | | identification card, he or she shall notify the Department | 11 | | within 10 days of becoming aware the card has been lost. | 12 | | (b) When a cardholder notifies the Department of items | 13 | | listed in subsection (a), but remains eligible under this Act, | 14 | | the Department shall issue the cardholder a new registry | 15 | | identification card with a new random 10-digit alphanumeric | 16 | | identification number within 10 days of receiving the updated | 17 | | information and a $20 fee. If the person notifying the | 18 | | Department is a registered qualifying patient, the Department | 19 | | shall also issue his or her registered designated caregiver, if | 20 | | any, a new registry identification card within 10 days of | 21 | | receiving the updated information. | 22 | | (c) If a registered qualifying patient ceases to be a | 23 | | registered qualifying patient or changes his or her registered | 24 | | designated caregiver, the Department shall promptly notify the | 25 | | designated caregiver. The registered designated caregiver's | 26 | | protections under this Act as to that qualifying patient shall |
| | | 09700HB0030ham002 | - 29 - | LRB097 03078 RLC 54424 a |
|
| 1 | | expire 15 days after notification by the Department. | 2 | | (d) A cardholder who fails to make a notification to the | 3 | | Department that is required by this Section is subject to a | 4 | | civil infraction, punishable by a penalty of no more than $150. | 5 | | (e) A registered qualifying patient shall notify the | 6 | | Department before changing his or her designated registered | 7 | | nonprofit medical cannabis organization and pay a $20 fee. The | 8 | | Department must, within 5 business days of receiving the | 9 | | notification, update the registered qualifying patient's entry | 10 | | in the identification registry system to reflect the change in | 11 | | designation and notify the patient that the change has been | 12 | | processed. | 13 | | (f) If the registered qualifying patient's certifying | 14 | | physician notifies the Department in writing that either the | 15 | | registered qualifying patient has ceased to suffer from a | 16 | | debilitating medical condition or that the physician no longer | 17 | | believes the patient would receive therapeutic or palliative | 18 | | benefit from the medical use of cannabis, the card shall become | 19 | | null and void. However, the registered qualifying patient shall | 20 | | have 15 days to destroy his or her remaining medical cannabis | 21 | | and related paraphernalia. | 22 | | Section 65. Registration of nonprofit medical cannabis | 23 | | organization. | 24 | | (a) Nonprofit medical cannabis organizations may only | 25 | | operate if they have been issued a valid registration |
| | | 09700HB0030ham002 | - 30 - | LRB097 03078 RLC 54424 a |
|
| 1 | | certificate from the Department. When applying for a nonprofit | 2 | | medical cannabis organization registration certificate, the | 3 | | applicant shall submit the following in accordance with | 4 | | Department rules: | 5 | | (1) A $25,000 application fee, a $25,000 renewal fee in | 6 | | year 2, and a $5,000 fee for application renewals in year | 7 | | 3. Such fees may be adjusted subject to the discretion of | 8 | | the Department in order to adequately fund the | 9 | | implementation and enforcement of this Act. | 10 | | (2) The proposed legal name of the medical cannabis | 11 | | organization. | 12 | | (3) The proposed physical address of the medical | 13 | | cannabis organization. | 14 | | (4) If the nonprofit medical cannabis organization | 15 | | proposes additional locations where cannabis will be | 16 | | cultivated, harvested, packaged, labeled, or otherwise | 17 | | prepared for distribution by the medical cannabis | 18 | | organization, the physical address. In such case that the | 19 | | cannabis will be cultivated at any other location than | 20 | | listed in paragraph (3), the medical cannabis organization | 21 | | shall apply for a variance which is subject to the | 22 | | discretion of the Department. | 23 | | (5) The name, address, and date of birth of each | 24 | | principal officer and board member of the medical cannabis | 25 | | organization, provided that all such individuals shall be | 26 | | at least 21 years of age. |
| | | 09700HB0030ham002 | - 31 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (6) Any instances in which a business or not-for-profit | 2 | | that any of the prospective board members managed or served | 3 | | on the board of was convicted, fined, censured, or had a | 4 | | registration or license suspended or revoked in any | 5 | | administrative or judicial proceeding. | 6 | | (7) Proposed operating by-laws that include procedures | 7 | | for the oversight of the nonprofit medical cannabis | 8 | | organization and procedures to ensure accurate record | 9 | | keeping and security measures that are in accordance with | 10 | | the rules issued by the Department pursuant to this Act. | 11 | | The by-laws shall include a description of the enclosed, | 12 | | locked facility where medical cannabis will be grown, | 13 | | cultivated, harvested, packaged, labeled, or otherwise | 14 | | prepared for distribution by the medical cannabis | 15 | | organization. | 16 | | (8) Signed statements from each nonprofit medical | 17 | | cannabis organization agent stating that they will not | 18 | | divert medical cannabis. | 19 | | (9) The Department shall conduct a background check of | 20 | | the prospective nonprofit medical cannabis organization | 21 | | agents in order to carry out this provision. Each person | 22 | | applying as a nonprofit medical cannabis organization | 23 | | agent shall submit a full set of fingerprints to the | 24 | | department for the purpose of obtaining a state and federal | 25 | | criminal records check. The Department may exchange this | 26 | | data with the Federal Bureau of Investigation without |
| | | 09700HB0030ham002 | - 32 - | LRB097 03078 RLC 54424 a |
|
| 1 | | disclosing that the records check is related to this Act. | 2 | | The Department shall destroy each set of fingerprints after | 3 | | the criminal records check is completed. | 4 | | (b) An application for a medical cannabis organization | 5 | | registration certificate must be denied if any of the following | 6 | | conditions are met: | 7 | | (A) the applicant failed to submit the materials | 8 | | required by this Section, including if the applicant's | 9 | | plans do not satisfy the security, oversight, or | 10 | | recordkeeping rules issued by the Department; | 11 | | (B) the applicant would not be in compliance with local | 12 | | zoning rules issued in accordance with Section 80; | 13 | | (C) the applicant does not meet the requirements of | 14 | | Section 90; | 15 | | (D) one or more of the prospective principal officers | 16 | | or board members has been convicted of an excluded offense; | 17 | | (E) one or more of the prospective principal officers | 18 | | or board members has served as a principal officer or board | 19 | | member for a registered nonprofit medical cannabis | 20 | | organization that has had its registration certificate | 21 | | revoked; and | 22 | | (F) one or more of the principal officers or board | 23 | | members is younger than 21 years of age. | 24 | | (c) After a medical cannabis organization is approved, but | 25 | | before it begins operations, it shall submit its physical | 26 | | address if the address was not finalized when it applied. |
| | | 09700HB0030ham002 | - 33 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (d) When issuing a medical cannabis organization | 2 | | registration certificate, the Department shall also issue a | 3 | | renewable registration certificate with an identification | 4 | | number. | 5 | | (e) The Department may approve no more than one application | 6 | | for a medical cannabis organization registration certificate | 7 | | for operation within any single Illinois State Senate district | 8 | | as determined by the districts that were in existence as of | 9 | | January 1, 2011. | 10 | | Section 70. Nonprofit medical cannabis organization agent | 11 | | identification cards. | 12 | | (a) A nonprofit medical cannabis organization agent must | 13 | | keep his or her identification card in their possession at all | 14 | | times when engaging in the medical use of cannabis related to | 15 | | dispensary operations. | 16 | | (b) Nonprofit medical cannabis organization agent | 17 | | identification cards shall contain all of the following: | 18 | | (1) the name of the cardholder; | 19 | | (2) a designation the cardholder is a nonprofit medical | 20 | | cannabis organization agent; | 21 | | (3) the date of issuance and expiration date of the | 22 | | nonprofit medical cannabis organization agent | 23 | | identification cards; | 24 | | (4) a random 10-digit alphanumeric identification | 25 | | number, containing at least four numbers and at least four |
| | | 09700HB0030ham002 | - 34 - | LRB097 03078 RLC 54424 a |
|
| 1 | | letters, that is unique to the cardholder; and | 2 | | (5) a photograph of the cardholder, if the Department's | 3 | | rules require one. | 4 | | Section 75. Nonprofit medical cannabis organization | 5 | | certification renewal. Registration certificates may be | 6 | | renewed subject to the rule of the Department. The registered | 7 | | nonprofit medical cannabis organization may submit a renewal | 8 | | application beginning 90 days prior to the expiration of its | 9 | | registration certificate. The Department shall grant a renewal | 10 | | application within 45 days of its submission if the following | 11 | | conditions are all satisfied: | 12 | | (a) The registered nonprofit medical cannabis organization | 13 | | or submits a renewal application and the required renewal fee, | 14 | | which shall be refunded within 60 days if the renewal | 15 | | application is rejected. | 16 | | (b) The Department has not suspended the registered | 17 | | nonprofit medical cannabis organization or registration | 18 | | certificate for violations of this Act or rules adopted | 19 | | pursuant to this Act. | 20 | | (c) The inspections authorized by subsection (s) of Section | 21 | | 85 and the input the Department received from stakeholders | 22 | | pursuant to subsection (b) of Section 105 do not raise serious | 23 | | and credible concerns about the continued operation of the | 24 | | registered nonprofit medical cannabis organization or applying | 25 | | for renewal. |
| | | 09700HB0030ham002 | - 35 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Section 80. Local ordinances. A unit of local government | 2 | | may enact reasonable zoning ordinances or resolutions, not in | 3 | | conflict with this Act or with Department rules, regulating | 4 | | registered nonprofit medical cannabis organizations. No unit | 5 | | of local government, including a home rule unit, or school | 6 | | district may regulate registered nonprofit medical cannabis | 7 | | organizations other than as provided in this Act. This Section | 8 | | is a denial and limitation under subsection (i) of Section 6 of | 9 | | Article VII of the Illinois Constitution on the concurrent | 10 | | exercise by home rule units of powers and functions exercised | 11 | | by the State. | 12 | | Section 85. Requirements; prohibitions; penalties. | 13 | | (a) The operating documents of a registered nonprofit | 14 | | medical cannabis organization shall include procedures for the | 15 | | oversight of the registered nonprofit medical cannabis | 16 | | organization and procedures to ensure accurate recordkeeping. | 17 | | (b) A registered nonprofit medical cannabis organization | 18 | | shall implement appropriate security measures to deter and | 19 | | prevent the theft of cannabis and unauthorized entrance into | 20 | | areas containing cannabis. | 21 | | (c) A registered nonprofit medical cannabis organization | 22 | | may not be located within 2,500 feet of the property line of a | 23 | | pre-existing public or private preschool or elementary or | 24 | | secondary school or day care center, day care home, group day |
| | | 09700HB0030ham002 | - 36 - | LRB097 03078 RLC 54424 a |
|
| 1 | | care home, or part day child care facility. A registered | 2 | | medical cannabis organization shall not be located in a house, | 3 | | apartment, condominium, or any other residential dwelling. | 4 | | (d) A registered nonprofit medical cannabis organization | 5 | | is prohibited from acquiring, possessing, cultivating, | 6 | | manufacturing, delivering, transferring, transporting, | 7 | | supplying, or dispensing cannabis for any purpose except to | 8 | | assist registered qualifying patients with the medical use of | 9 | | cannabis directly or through the qualifying patients' | 10 | | designated caregivers. | 11 | | (e) All cultivation of cannabis for registered nonprofit | 12 | | medical cannabis organizations must take place in an enclosed, | 13 | | locked location at the physical address or addresses provided | 14 | | to the Department during the registration process. The | 15 | | cultivation location can only be accessed by medical cannabis | 16 | | organization agents working for the registered nonprofit | 17 | | medical cannabis organization, Department staff performing | 18 | | inspections, law enforcement or other emergency personnel, and | 19 | | contractors working on jobs unrelated to medical cannabis, such | 20 | | as installing or maintaining security devices or performing | 21 | | electrical wiring. | 22 | | (f) A nonprofit medical cannabis organization may not | 23 | | obtain cannabis from outside the State of Illinois, except that | 24 | | a nonprofit medical cannabis organization may lawfully | 25 | | purchase cannabis seeds outside of the State of Illinois once | 26 | | upon the initial approval of its application under Section 65. |
| | | 09700HB0030ham002 | - 37 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (g) A registered nonprofit medical cannabis organization | 2 | | shall not dispense more than 2.5 ounces of cannabis to a | 3 | | registered qualifying patient, directly or via a designated | 4 | | caregiver, in any 14-day period unless the qualifying patient | 5 | | has a Department approved quantity variance. | 6 | | (h) Before cannabis may be dispensed to a designated | 7 | | caregiver or a registered qualifying patient, a nonprofit | 8 | | medical cannabis organization agent must determine that the | 9 | | individual is a current cardholder in the verification system | 10 | | and must verify each of the following: | 11 | | (1) that the registry identification card presented to | 12 | | the registered nonprofit medical cannabis organization is | 13 | | valid; | 14 | | (2) that the person presenting the card is the person | 15 | | identified on the registry identification card presented | 16 | | to the medical cannabis organization agent; | 17 | | (3) that the registered nonprofit medical cannabis | 18 | | organization is the designated medical cannabis | 19 | | organization for the registered qualifying patient who is | 20 | | obtaining the cannabis directly or via his or her | 21 | | designated caregiver; and | 22 | | (4) that the qualifying patient has not exceeded his or | 23 | | her adequate supply. | 24 | | (i) Registered nonprofit medical cannabis organizations | 25 | | shall ensure compliance with this limitation by maintaining | 26 | | internal, confidential records that include records specifying |
| | | 09700HB0030ham002 | - 38 - | LRB097 03078 RLC 54424 a |
|
| 1 | | how much cannabis is being dispensed to the registered | 2 | | qualifying patient and whether it was dispensed directly to the | 3 | | registered qualifying patient or to the designated caregiver. | 4 | | Each entry must include the date and time the cannabis was | 5 | | dispensed. | 6 | | (j) The physician-patient privilege as set forth by Section | 7 | | 8-802 of the Code of Civil Procedure shall apply between a | 8 | | qualifying patient and a registered nonprofit medical cannabis | 9 | | organization and its agents with respect to communications and | 10 | | records concerning qualifying patients' debilitating | 11 | | conditions. | 12 | | (k) A nonprofit medical cannabis organization shall not | 13 | | permit any person to consume cannabis on the property of a | 14 | | nonprofit medical cannabis organization. | 15 | | (l) A registered nonprofit medical cannabis organization | 16 | | shall not share office space with or refer patients to a | 17 | | physician. | 18 | | (m) A physician shall not refer patients to a registered | 19 | | nonprofit medical cannabis organization or registered | 20 | | designated caregiver, advertise in a registered nonprofit | 21 | | medical cannabis organization, or, if the physician issues | 22 | | written certifications, hold any financial interest in a | 23 | | registered nonprofit medical cannabis organization. | 24 | | (n) No person who has been convicted of an excluded offense | 25 | | may be a nonprofit medical cannabis organization agent. | 26 | | (o) Notwithstanding all other criminal penalties related |
| | | 09700HB0030ham002 | - 39 - | LRB097 03078 RLC 54424 a |
|
| 1 | | to the unlawful possession of cannabis, the Department may | 2 | | issue a civil fine of up to $3,000 for violations of this | 3 | | Section. | 4 | | (p) The Department may suspend or revoke a registration | 5 | | certificate for violations of this Act and rules issued in | 6 | | accordance with this Section. | 7 | | (q) The suspension or revocation of a certificate is a | 8 | | final Department action, subject to judicial review. | 9 | | Jurisdiction and venue for judicial review are vested in the | 10 | | Circuit Court. | 11 | | (r) Registered nonprofit medical cannabis organizations | 12 | | are subject to random inspection and cannabis testing by | 13 | | Department rules. The Department shall give reasonable notice | 14 | | of an inspection or testing under this subsection. | 15 | | Section 90. Confidentiality. | 16 | | (a) The following information received and records kept by | 17 | | Department rules for purposes of administering this Act are | 18 | | subject to all applicable federal privacy laws, confidential, | 19 | | and exempt from the Freedom of Information Act, and not subject | 20 | | to disclosure to any individual or public or private entity, | 21 | | except as necessary for authorized employees of the Department | 22 | | to perform official duties pursuant to this Act: | 23 | | (1) Applications and renewals, their contents, and | 24 | | supporting information submitted by qualifying patients | 25 | | and designated caregivers, including information regarding |
| | | 09700HB0030ham002 | - 40 - | LRB097 03078 RLC 54424 a |
|
| 1 | | their designated caregivers and physicians. | 2 | | (2) Applications and renewals, their contents, and | 3 | | supporting information submitted by or on behalf of | 4 | | nonprofit medical cannabis organizations in compliance | 5 | | with this Act, including their physical addressees. | 6 | | (3) The individual names and other information | 7 | | identifying persons to whom the Department has issued | 8 | | registry identification cards. | 9 | | (4) Any dispensing information required to be kept | 10 | | under Section 85 or Department rules shall identify | 11 | | cardholders and registered nonprofit medical cannabis | 12 | | organizations by their registry identification numbers and | 13 | | not contain names or other personally identifying | 14 | | information. | 15 | | (5) All medical records provided to the Department in | 16 | | connection with an application for a registry card. | 17 | | (b) Nothing in this Section precludes the following: | 18 | | (1) Department employees may notify law enforcement | 19 | | about falsified or fraudulent information submitted to the | 20 | | Department if the employee who suspects that falsified or | 21 | | fraudulent information has been submitted conferred with | 22 | | his or her supervisor and both agree that circumstances | 23 | | exist that warrant reporting. | 24 | | (2) If the employee conferred with his or her | 25 | | supervisor and both agree that circumstances exist that | 26 | | warrant reporting, Department employees may notify the |
| | | 09700HB0030ham002 | - 41 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Medical Disciplinary Board if there is reasonable cause to | 2 | | believe a physician: | 3 | | (A) issued a written certification without a bona | 4 | | fide physician-patient relationship; | 5 | | (B) issued a written certification to a person who | 6 | | was not under the physician's care for the debilitating | 7 | | medical condition; or | 8 | | (C) failed to abide by the standard of care when | 9 | | evaluating medical conditions. | 10 | | (3) The Department may notify State or local law | 11 | | enforcement about apparent criminal violations of this Act | 12 | | if the employee who suspects the offense has conferred with | 13 | | his or her supervisor and both agree that circumstances | 14 | | exist that warrant reporting. | 15 | | (4) Nonprofit medical cannabis organization agents may | 16 | | notify the Department of a suspected violation or attempted | 17 | | violation of this Act or the rules issued pursuant to it. | 18 | | (5) The Department may verify registry identification | 19 | | cards pursuant to Section 95. | 20 | | (6) The submission of the report to the General | 21 | | Assembly under Section 100. | 22 | | (c) It is a Class B misdemeanor with a $1,000 fine for any | 23 | | person, including an employee or official of the Department or | 24 | | another State agency or local government, to breach the | 25 | | confidentiality of information obtained pursuant to this Act. |
| | | 09700HB0030ham002 | - 42 - | LRB097 03078 RLC 54424 a |
|
| 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. | 26 | | Notwithstanding any requirements established by this |
| | | 09700HB0030ham002 | - 43 - | LRB097 03078 RLC 54424 a |
|
| 1 | | subsection, the Department shall issue registry cards to | 2 | | qualifying patients and shall issue certification to nonprofit | 3 | | medical cannabis organization for the period during which the | 4 | | database is being established. | 5 | | Section 100. Annual reports. The Department shall submit | 6 | | to the General Assembly an annual report that does not disclose | 7 | | any identifying information about cardholders, registered | 8 | | nonprofit medical cannabis organizations, or physicians, but | 9 | | does contain, at a minimum, all of the following information: | 10 | | (1) the number of applications and renewals filed for | 11 | | registry identification cards; | 12 | | (2) the number of qualifying patients and designated | 13 | | caregivers approved in each county; | 14 | | (3) the nature of the debilitating medical conditions | 15 | | of the qualifying patients; | 16 | | (4) the number of registry identification cards | 17 | | revoked for misconduct; | 18 | | (5) the number of physicians providing written | 19 | | certifications for qualifying patients; and | 20 | | (6) the number of registered nonprofit medical | 21 | | cannabis organizations. | 22 | | Section 105. Department to issue rules. | 23 | | (a) Not later than 60 days after the effective date of this | 24 | | Act, the Department shall promulgate rules: |
| | | 09700HB0030ham002 | - 44 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (1) governing the manner in which the Department shall | 2 | | consider petitions from the public to add debilitating | 3 | | medical conditions or treatments to the list of | 4 | | debilitating medical conditions set forth in subsection | 5 | | (d) of Section 10 of this Act, including public notice of | 6 | | and an opportunity to comment in public hearings on the | 7 | | petitions; | 8 | | (2) establishing the form and content of registration | 9 | | and renewal applications submitted under this Act, | 10 | | including a standard form for written certifications; | 11 | | (3) governing the manner in which it shall consider | 12 | | applications for and renewals of registry identification | 13 | | cards, including developing separate requirements, fees, | 14 | | and applications for temporary registry identification | 15 | | cards for visiting qualifying patients wishing to obtain | 16 | | cannabis from registered nonprofit medical cannabis | 17 | | organizations; | 18 | | (4) governing the following matters related to | 19 | | registered nonprofit medical cannabis organizations, with | 20 | | the goal of protecting against diversion and theft, without | 21 | | imposing an undue burden on the registered nonprofit | 22 | | medical cannabis organizations or compromising the | 23 | | confidentiality of cardholders: | 24 | | (A) oversight requirements for nonprofit | 25 | | registered nonprofit medical cannabis organizations; | 26 | | (B) recordkeeping requirements for registered |
| | | 09700HB0030ham002 | - 45 - | LRB097 03078 RLC 54424 a |
|
| 1 | | nonprofit medical cannabis organizations; | 2 | | (C) security requirements for registered nonprofit | 3 | | medical cannabis organizations, which shall include | 4 | | that each registered nonprofit medical cannabis | 5 | | organization location must be protected by a fully | 6 | | operational security alarm system; | 7 | | (D) rules and standards for what constitutes an | 8 | | enclosed locked facility under this Act; | 9 | | (E) procedures for suspending or terminating the | 10 | | registration certificates or registry identification | 11 | | cards of cardholders, and registered nonprofit medical | 12 | | cannabis organizations that commit multiple or serious | 13 | | violations of the provisions of this Act or the rules | 14 | | promulgated pursuant to this Section; | 15 | | (F) reasonable rules concerning the medical use of | 16 | | cannabis at a nursing care institution, hospice, | 17 | | assisted living center, assisted living facility, | 18 | | assisted living home, residential care institution, or | 19 | | adult day health care facility; | 20 | | (G) limitations of the quantity of cannabis plants | 21 | | a dispensary may possess at one time provided that no | 22 | | dispensary is authorized to possess more plants than | 23 | | are reasonably necessary to satisfy the adequate | 24 | | supply of the patients who have designated that | 25 | | dispensary as his or her provider; | 26 | | (H) rules concerning the intrastate transportation |
| | | 09700HB0030ham002 | - 46 - | LRB097 03078 RLC 54424 a |
|
| 1 | | of medical cannabis; | 2 | | (I) standards concerning the testing, quality, and | 3 | | cultivation of medical cannabis; and | 4 | | (J) such other matters as are necessary for the | 5 | | fair, impartial, stringent, and comprehensive | 6 | | administration of this Act; and | 7 | | (5) application and renewal fees for registry | 8 | | identification cards, nonprofit medical cannabis | 9 | | organization agent identification cards, and renewal fees | 10 | | for registered nonprofit medical cannabis organization | 11 | | registration certificates, according to the following: | 12 | | (A) the total fees collected must generate | 13 | | revenues sufficient to offset all expenses of | 14 | | implementing and administering this Act, except that | 15 | | fee revenue may be offset or supplemented by private | 16 | | donations; | 17 | | (B) the Department may establish a sliding scale of | 18 | | patient application and renewal fees based upon a | 19 | | qualifying patient's household income; | 20 | | (C) the Department may accept donations from | 21 | | private sources to reduce application and renewal | 22 | | fees; and | 23 | | (D) registry identification card fees shall | 24 | | include an additional $3 per registry identification | 25 | | card, which shall be used to develop and disseminate | 26 | | educational information about the health risks |
| | | 09700HB0030ham002 | - 47 - | LRB097 03078 RLC 54424 a |
|
| 1 | | associated with the abuse of cannabis and prescription | 2 | | medications. | 3 | | The Department may adopt rules concerning limiting the | 4 | | rights of medical cannabis organizations by taking into | 5 | | consideration how many are currently operating and their | 6 | | geographical distribution. | 7 | | (b) During the rule-making process, the Department shall | 8 | | make a good faith effort to consult with all stakeholders | 9 | | identified in the rule-making analysis as being impacted by the | 10 | | rules. The Department shall establish the stakeholders into an | 11 | | advisory task force. Stakeholders shall include, but are not | 12 | | limited to: | 13 | | (1) at least 2 physicians, one of whom must have prior | 14 | | experience treating medical cannabis patients; | 15 | | (2) at least 2 nurses, one of whom must have prior | 16 | | experience treating HIV/AIDS patients; | 17 | | (3) at least three qualifying patients; | 18 | | (4) a representative from the law enforcement | 19 | | community; | 20 | | (5) the Director of State Police or his or her | 21 | | designee; | 22 | | (6) a prosecuting attorney currently employed by the | 23 | | State of Illinois; | 24 | | (7) a public defender currently employed by the State | 25 | | of Illinois; | 26 | | (8) a defense attorney in private practice; |
| | | 09700HB0030ham002 | - 48 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (9) a licensed phlebotomist; | 2 | | (10) a horticulturist; and | 3 | | (11) a representative of the business community. | 4 | | (c) After consulting with the stakeholders, the Department | 5 | | shall evaluate driving under the influence laws as they apply | 6 | | to registered patients. | 7 | | (d) Beginning 4 months after the issuance of the first | 8 | | registrations for registered nonprofit medical cannabis | 9 | | organizations, the Department shall solicit input, including | 10 | | from the stakeholders identified in subsection (b) on the | 11 | | following: | 12 | | (A) The ability of qualifying patients in all areas | 13 | | of the state to obtain timely access to high-quality | 14 | | medical cannabis. | 15 | | (B) The effectiveness of the registered nonprofit | 16 | | medical cannabis organizations, individually and | 17 | | together, in serving the needs of qualifying patients, | 18 | | including the provision of support services, the | 19 | | reasonableness of their fees, whether they are | 20 | | generating any complaints or security problems, and | 21 | | the sufficiency of the number operating to serve the | 22 | | registered qualifying patients of Illinois. | 23 | | (C) The sufficiency of the regulatory and security | 24 | | safeguards contained in this Act and adopted by the | 25 | | Department to ensure that access to and use of cannabis | 26 | | cultivated is provided only to cardholders authorized |
| | | 09700HB0030ham002 | - 49 - | LRB097 03078 RLC 54424 a |
|
| 1 | | for such purposes. | 2 | | (D) Any recommended additions or revisions to the | 3 | | Department rules or this Act, including relating to | 4 | | security, safe handling, labeling, and nomenclature. | 5 | | (E) Any research studies regarding health effects | 6 | | of medical cannabis for patients. | 7 | | (e) The Department shall develop and disseminate | 8 | | educational information about the health risks associated with | 9 | | the abuse of cannabis and prescription medications, which shall | 10 | | be funded by the $3 fees generated from registry identification | 11 | | cards. | 12 | | Section 110. Enforcement of this Act. | 13 | | (a) If the Department fails to adopt rules to implement | 14 | | this Act within the times provided for in this Act, any citizen | 15 | | may commence a mandamus action in the Circuit Court to compel | 16 | | the Department to perform the actions mandated pursuant to the | 17 | | provisions of this Act. | 18 | | (b) If the Department fails to issue a valid registry | 19 | | identification card in response to a valid application or | 20 | | renewal submitted pursuant to this Act within 30 days of its | 21 | | submission, the registry identification card shall be deemed | 22 | | granted, and a copy of the registry identification application, | 23 | | including a valid written certification, or renewal shall be | 24 | | deemed a valid registry identification card. |
| | | 09700HB0030ham002 | - 50 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Section 115. Repeal of Act. This Act is repealed 3 years | 2 | | after its effective date. | 3 | | Section 120. The Election Code is amended by adding Section | 4 | | 9-45 as follows: | 5 | | (10 ILCS 5/9-45 new) | 6 | | Sec. 9-45. Medical cannabis organization; contributions. | 7 | | It is unlawful for any nonprofit medical cannabis organization | 8 | | or any political action committee created by any nonprofit | 9 | | medical cannabis organization to make a campaign contribution | 10 | | to any political committee established to promote the candidacy | 11 | | of a candidate or public official. It is unlawful for any | 12 | | candidate, political committee, or other person to knowingly | 13 | | accept or receive any contribution prohibited by this Section. | 14 | | It is unlawful for any officer or agent of a nonprofit medical | 15 | | cannabis organization to consent to any contribution or | 16 | | expenditure by the nonprofit medical cannabis organization | 17 | | that is prohibited by this Section.
As used in this Section, | 18 | | "nonprofit medical cannabis organization" has the meaning | 19 | | ascribed to it in Section 10 of the Compassionate Use of | 20 | | Medical Cannabis Pilot Program Act. | 21 | | Section 125. The Use Tax Act is amended by changing Section | 22 | | 3-10 as follows:
|
| | | 09700HB0030ham002 | - 51 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (35 ILCS 105/3-10)
| 2 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this | 3 | | Section, the tax
imposed by this Act is at the rate of 6.25% of | 4 | | either the selling price or the
fair market value, if any, of | 5 | | the tangible personal property. In all cases
where property | 6 | | functionally used or consumed is the same as the property that
| 7 | | was purchased at retail, then the tax is imposed on the selling | 8 | | price of the
property. In all cases where property functionally | 9 | | used or consumed is a
by-product or waste product that has been | 10 | | refined, manufactured, or produced
from property purchased at | 11 | | retail, then the tax is imposed on the lower of the
fair market | 12 | | value, if any, of the specific property so used in this State | 13 | | or on
the selling price of the property purchased at retail. | 14 | | For purposes of this
Section "fair market value" means the | 15 | | price at which property would change
hands between a willing | 16 | | buyer and a willing seller, neither being under any
compulsion | 17 | | to buy or sell and both having reasonable knowledge of the
| 18 | | relevant facts. The fair market value shall be established by | 19 | | Illinois sales by
the taxpayer of the same property as that | 20 | | functionally used or consumed, or if
there are no such sales by | 21 | | the taxpayer, then comparable sales or purchases of
property of | 22 | | like kind and character in Illinois.
| 23 | | Beginning on July 1, 2000 and through December 31, 2000, | 24 | | with respect to
motor fuel, as defined in Section 1.1 of the | 25 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 26 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
|
| | | 09700HB0030ham002 | - 52 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Beginning on August 6, 2010 through August 15, 2010, with | 2 | | respect to sales tax holiday items as defined in Section 3-6 of | 3 | | this Act, the
tax is imposed at the rate of 1.25%. | 4 | | With respect to gasohol, the tax imposed by this Act | 5 | | applies to (i) 70%
of the proceeds of sales made on or after | 6 | | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | 7 | | proceeds of sales made
on or after July 1, 2003 and on or | 8 | | before December 31, 2013, and (iii) 100% of the proceeds of | 9 | | sales made
thereafter.
If, at any time, however, the tax under | 10 | | this Act on sales of gasohol is
imposed at the
rate of 1.25%, | 11 | | then the tax imposed by this Act applies to 100% of the | 12 | | proceeds
of sales of gasohol made during that time.
| 13 | | With respect to majority blended ethanol fuel, the tax | 14 | | imposed by this Act
does
not apply
to the proceeds of sales | 15 | | made on or after July 1, 2003 and on or before
December
31, | 16 | | 2013 but applies to 100% of the proceeds of sales made | 17 | | thereafter.
| 18 | | With respect to biodiesel blends with no less than 1% and | 19 | | no more than 10%
biodiesel, the tax imposed by this Act applies | 20 | | to (i) 80% of the
proceeds of sales made on or after July 1, | 21 | | 2003 and on or before December 31,
2013 and (ii) 100% of the | 22 | | proceeds of sales made
thereafter.
If, at any time, however, | 23 | | the tax under this Act on sales of biodiesel blends
with no | 24 | | less than 1% and no more than 10% biodiesel
is imposed at the | 25 | | rate of
1.25%, then the
tax imposed by this Act applies to 100% | 26 | | of the proceeds of sales of biodiesel
blends with no less than |
| | | 09700HB0030ham002 | - 53 - | LRB097 03078 RLC 54424 a |
|
| 1 | | 1% and no more than 10% biodiesel
made
during that time.
| 2 | | With respect to 100% biodiesel and biodiesel blends with | 3 | | more than 10%
but no more than 99% biodiesel, the tax imposed | 4 | | by this Act does not apply to
the
proceeds of sales made on or | 5 | | after July 1, 2003 and on or before
December 31, 2013 but | 6 | | applies to 100% of the proceeds of sales made
thereafter.
| 7 | | With respect to food for human consumption that is to be | 8 | | consumed off the
premises where it is sold (other than | 9 | | alcoholic beverages, soft drinks, and
food that has been | 10 | | prepared for immediate consumption) and prescription and
| 11 | | nonprescription medicines, drugs, medical appliances, | 12 | | modifications to a motor
vehicle for the purpose of rendering | 13 | | it usable by a disabled person, and
insulin, urine testing | 14 | | materials, syringes, and needles used by diabetics, for
human | 15 | | use, the tax is imposed at the rate of 1%. For the purposes of | 16 | | this
Section, until September 1, 2009: the term "soft drinks" | 17 | | means any complete, finished, ready-to-use,
non-alcoholic | 18 | | drink, whether carbonated or not, including but not limited to
| 19 | | soda water, cola, fruit juice, vegetable juice, carbonated | 20 | | water, and all other
preparations commonly known as soft drinks | 21 | | of whatever kind or description that
are contained in any | 22 | | closed or sealed bottle, can, carton, or container,
regardless | 23 | | of size; but "soft drinks" does not include coffee, tea, | 24 | | non-carbonated
water, infant formula, milk or milk products as | 25 | | defined in the Grade A
Pasteurized Milk and Milk Products Act, | 26 | | or drinks containing 50% or more
natural fruit or vegetable |
| | | 09700HB0030ham002 | - 54 - | LRB097 03078 RLC 54424 a |
|
| 1 | | juice.
| 2 | | Notwithstanding any other provisions of this
Act, | 3 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 4 | | beverages that contain natural or artificial sweeteners. "Soft | 5 | | drinks" do not include beverages that contain milk or milk | 6 | | products, soy, rice or similar milk substitutes, or greater | 7 | | than 50% of vegetable or fruit juice by volume. | 8 | | Until August 1, 2009, and notwithstanding any other | 9 | | provisions of this
Act, "food for human consumption that is to | 10 | | be consumed off the premises where
it is sold" includes all | 11 | | food sold through a vending machine, except soft
drinks and | 12 | | food products that are dispensed hot from a vending machine,
| 13 | | regardless of the location of the vending machine. Beginning | 14 | | August 1, 2009, and notwithstanding any other provisions of | 15 | | this Act, "food for human consumption that is to be consumed | 16 | | off the premises where it is sold" includes all food sold | 17 | | through a vending machine, except soft drinks, candy, and food | 18 | | products that are dispensed hot from a vending machine, | 19 | | regardless of the location of the vending machine.
| 20 | | Notwithstanding any other provisions of this
Act, | 21 | | beginning September 1, 2009, "food for human consumption that | 22 | | is to be consumed off the premises where
it is sold" does not | 23 | | include candy. For purposes of this Section, "candy" means a | 24 | | preparation of sugar, honey, or other natural or artificial | 25 | | sweeteners in combination with chocolate, fruits, nuts or other | 26 | | ingredients or flavorings in the form of bars, drops, or |
| | | 09700HB0030ham002 | - 55 - | LRB097 03078 RLC 54424 a |
|
| 1 | | pieces. "Candy" does not include any preparation that contains | 2 | | flour or requires refrigeration. | 3 | | Notwithstanding any other provisions of this
Act, | 4 | | beginning September 1, 2009, "nonprescription medicines and | 5 | | drugs" does not include grooming and hygiene products. | 6 | | Beginning on the effective date of this amendatory Act of the | 7 | | 97th General Assembly, "prescription and nonprescription | 8 | | medicines and drugs" includes medical cannabis purchased from a | 9 | | registered nonprofit medical cannabis organization under the | 10 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 11 | | purposes of this Section, "grooming and hygiene products" | 12 | | includes, but is not limited to, soaps and cleaning solutions, | 13 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 14 | | lotions and screens, unless those products are available by | 15 | | prescription only, regardless of whether the products meet the | 16 | | definition of "over-the-counter-drugs". For the purposes of | 17 | | this paragraph, "over-the-counter-drug" means a drug for human | 18 | | use that contains a label that identifies the product as a drug | 19 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 20 | | label includes: | 21 | | (A) A "Drug Facts" panel; or | 22 | | (B) A statement of the "active ingredient(s)" with a | 23 | | list of those ingredients contained in the compound, | 24 | | substance or preparation. | 25 | | If the property that is purchased at retail from a retailer | 26 | | is acquired
outside Illinois and used outside Illinois before |
| | | 09700HB0030ham002 | - 56 - | LRB097 03078 RLC 54424 a |
|
| 1 | | being brought to Illinois
for use here and is taxable under | 2 | | this Act, the "selling price" on which
the tax is computed | 3 | | shall be reduced by an amount that represents a
reasonable | 4 | | allowance for depreciation for the period of prior out-of-state | 5 | | use.
| 6 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 7 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
| 8 | | Section 130. The Service Use Tax Act is amended by changing | 9 | | Section 3-10 as follows:
| 10 | | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| 11 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this | 12 | | Section,
the tax imposed by this Act is at the rate of 6.25% of | 13 | | the selling
price of tangible personal property transferred as | 14 | | an incident to the sale
of service, but, for the purpose of | 15 | | computing this tax, in no event shall
the selling price be less | 16 | | than the cost price of the property to the
serviceman.
| 17 | | Beginning on July 1, 2000 and through December 31, 2000, | 18 | | with respect to
motor fuel, as defined in Section 1.1 of the | 19 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 20 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| 21 | | With respect to gasohol, as defined in the Use Tax Act, the | 22 | | tax imposed
by this Act applies to (i) 70% of the selling price | 23 | | of property transferred
as an incident to the sale of service | 24 | | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
| | | 09700HB0030ham002 | - 57 - | LRB097 03078 RLC 54424 a |
|
| 1 | | of the selling price of
property transferred as an incident to | 2 | | the sale of service on or after July
1, 2003 and on or before | 3 | | December 31, 2013, and (iii)
100% of the selling price | 4 | | thereafter.
If, at any time, however, the tax under this Act on | 5 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | 6 | | the rate of 1.25%, then the
tax imposed by this Act applies to | 7 | | 100% of the proceeds of sales of gasohol
made during that time.
| 8 | | With respect to majority blended ethanol fuel, as defined | 9 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply | 10 | | to the selling price of property transferred
as an incident to | 11 | | the sale of service on or after July 1, 2003 and on or before
| 12 | | December 31, 2013 but applies to 100% of the selling price | 13 | | thereafter.
| 14 | | With respect to biodiesel blends, as defined in the Use Tax | 15 | | Act, with no less
than 1% and no
more than 10% biodiesel, the | 16 | | tax imposed by this Act
applies to (i) 80% of the selling price | 17 | | of property transferred as an incident
to the sale of service | 18 | | on or after July 1, 2003 and on or before December 31,
2013 and | 19 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, | 20 | | at any time, however, the tax under this Act on sales of | 21 | | biodiesel blends,
as
defined in the Use Tax Act, with no less | 22 | | than 1% and no more than 10% biodiesel
is imposed at the rate | 23 | | of 1.25%, then the
tax imposed by this Act applies to 100% of | 24 | | the proceeds of sales of biodiesel
blends with no less than 1% | 25 | | and no more than 10% biodiesel
made
during that time.
| 26 | | With respect to 100% biodiesel, as defined in the Use Tax |
| | | 09700HB0030ham002 | - 58 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 2 | | more than 10% but no more than 99% biodiesel, the tax imposed | 3 | | by this Act
does not apply to the proceeds of the selling price | 4 | | of property transferred
as an incident to the sale of service | 5 | | on or after July 1, 2003 and on or before
December 31, 2013 but | 6 | | applies to 100% of the selling price thereafter.
| 7 | | At the election of any registered serviceman made for each | 8 | | fiscal year,
sales of service in which the aggregate annual | 9 | | cost price of tangible
personal property transferred as an | 10 | | incident to the sales of service is
less than 35%, or 75% in | 11 | | the case of servicemen transferring prescription
drugs or | 12 | | servicemen engaged in graphic arts production, of the aggregate
| 13 | | annual total gross receipts from all sales of service, the tax | 14 | | imposed by
this Act shall be based on the serviceman's cost | 15 | | price of the tangible
personal property transferred as an | 16 | | incident to the sale of those services.
| 17 | | The tax shall be imposed at the rate of 1% on food prepared | 18 | | for
immediate consumption and transferred incident to a sale of | 19 | | service subject
to this Act or the Service Occupation Tax Act | 20 | | by an entity licensed under
the Hospital Licensing Act, the | 21 | | Nursing Home Care Act, the MR/DD Community Care Act, or the
| 22 | | Child Care
Act of 1969. The tax shall
also be imposed at the | 23 | | rate of 1% on food for human consumption that is to be
consumed | 24 | | off the premises where it is sold (other than alcoholic | 25 | | beverages,
soft drinks, and food that has been prepared for | 26 | | immediate consumption and is
not otherwise included in this |
| | | 09700HB0030ham002 | - 59 - | LRB097 03078 RLC 54424 a |
|
| 1 | | paragraph) and prescription and nonprescription
medicines, | 2 | | drugs, medical appliances, modifications to a motor vehicle for | 3 | | the
purpose of rendering it usable by a disabled person, and | 4 | | insulin, urine testing
materials,
syringes, and needles used by | 5 | | diabetics, for
human use. For the purposes of this Section, | 6 | | until September 1, 2009: the term "soft drinks" means any
| 7 | | complete, finished, ready-to-use, non-alcoholic drink, whether | 8 | | carbonated or
not, including but not limited to soda water, | 9 | | cola, fruit juice, vegetable
juice, carbonated water, and all | 10 | | other preparations commonly known as soft
drinks of whatever | 11 | | kind or description that are contained in any closed or
sealed | 12 | | bottle, can, carton, or container, regardless of size; but | 13 | | "soft drinks"
does not include coffee, tea, non-carbonated | 14 | | water, infant formula, milk or
milk products as defined in the | 15 | | Grade A Pasteurized Milk and Milk Products Act,
or drinks | 16 | | containing 50% or more natural fruit or vegetable juice.
| 17 | | Notwithstanding any other provisions of this
Act, | 18 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 19 | | beverages that contain natural or artificial sweeteners. "Soft | 20 | | drinks" do not include beverages that contain milk or milk | 21 | | products, soy, rice or similar milk substitutes, or greater | 22 | | than 50% of vegetable or fruit juice by volume. | 23 | | Until August 1, 2009, and notwithstanding any other | 24 | | provisions of this Act, "food for human
consumption that is to | 25 | | be consumed off the premises where it is sold" includes
all | 26 | | food sold through a vending machine, except soft drinks and |
| | | 09700HB0030ham002 | - 60 - | LRB097 03078 RLC 54424 a |
|
| 1 | | food products
that are dispensed hot from a vending machine, | 2 | | regardless of the location of
the vending machine. Beginning | 3 | | August 1, 2009, and notwithstanding any other provisions of | 4 | | this Act, "food for human consumption that is to be consumed | 5 | | off the premises where it is sold" includes all food sold | 6 | | through a vending machine, except soft drinks, candy, and food | 7 | | products that are dispensed hot from a vending machine, | 8 | | regardless of the location of the vending machine.
| 9 | | Notwithstanding any other provisions of this
Act, | 10 | | beginning September 1, 2009, "food for human consumption that | 11 | | is to be consumed off the premises where
it is sold" does not | 12 | | include candy. For purposes of this Section, "candy" means a | 13 | | preparation of sugar, honey, or other natural or artificial | 14 | | sweeteners in combination with chocolate, fruits, nuts or other | 15 | | ingredients or flavorings in the form of bars, drops, or | 16 | | pieces. "Candy" does not include any preparation that contains | 17 | | flour or requires refrigeration. | 18 | | Notwithstanding any other provisions of this
Act, | 19 | | beginning September 1, 2009, "nonprescription medicines and | 20 | | drugs" does not include grooming and hygiene products. | 21 | | Beginning on the effective date of this amendatory Act of the | 22 | | 97th General Assembly, "prescription and nonprescription | 23 | | medicines and drugs" includes medical cannabis purchased from a | 24 | | registered nonprofit medical cannabis organization under the | 25 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 26 | | purposes of this Section, "grooming and hygiene products" |
| | | 09700HB0030ham002 | - 61 - | LRB097 03078 RLC 54424 a |
|
| 1 | | includes, but is not limited to, soaps and cleaning solutions, | 2 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 3 | | lotions and screens, unless those products are available by | 4 | | prescription only, regardless of whether the products meet the | 5 | | definition of "over-the-counter-drugs". For the purposes of | 6 | | this paragraph, "over-the-counter-drug" means a drug for human | 7 | | use that contains a label that identifies the product as a drug | 8 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 9 | | label includes: | 10 | | (A) A "Drug Facts" panel; or | 11 | | (B) A statement of the "active ingredient(s)" with a | 12 | | list of those ingredients contained in the compound, | 13 | | substance or preparation. | 14 | | If the property that is acquired from a serviceman is | 15 | | acquired outside
Illinois and used outside Illinois before | 16 | | being brought to Illinois for use
here and is taxable under | 17 | | this Act, the "selling price" on which the tax
is computed | 18 | | shall be reduced by an amount that represents a reasonable
| 19 | | allowance for depreciation for the period of prior out-of-state | 20 | | use.
| 21 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 22 | | eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) | 23 | | Section 135. The Service Occupation Tax Act is amended by | 24 | | changing Section 3-10 as follows:
|
| | | 09700HB0030ham002 | - 62 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| 2 | | Sec. 3-10. Rate of tax. Unless otherwise provided in this | 3 | | Section,
the tax imposed by this Act is at the rate of 6.25% of | 4 | | the "selling price",
as defined in Section 2 of the Service Use | 5 | | Tax Act, of the tangible
personal property. For the purpose of | 6 | | computing this tax, in no event
shall the "selling price" be | 7 | | less than the cost price to the serviceman of
the tangible | 8 | | personal property transferred. The selling price of each item
| 9 | | of tangible personal property transferred as an incident of a | 10 | | sale of
service may be shown as a distinct and separate item on | 11 | | the serviceman's
billing to the service customer. If the | 12 | | selling price is not so shown, the
selling price of the | 13 | | tangible personal property is deemed to be 50% of the
| 14 | | serviceman's entire billing to the service customer. When, | 15 | | however, a
serviceman contracts to design, develop, and produce | 16 | | special order machinery or
equipment, the tax imposed by this | 17 | | Act shall be based on the serviceman's
cost price of the | 18 | | tangible personal property transferred incident to the
| 19 | | completion of the contract.
| 20 | | Beginning on July 1, 2000 and through December 31, 2000, | 21 | | with respect to
motor fuel, as defined in Section 1.1 of the | 22 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 23 | | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| 24 | | With respect to gasohol, as defined in the Use Tax Act, the | 25 | | tax imposed
by this Act shall apply to (i) 70% of the cost | 26 | | price of property
transferred as
an incident to the sale of |
| | | 09700HB0030ham002 | - 63 - | LRB097 03078 RLC 54424 a |
|
| 1 | | service on or after January 1, 1990, and before
July 1, 2003, | 2 | | (ii) 80% of the selling price of property transferred as an
| 3 | | incident to the sale of service on or after July
1, 2003 and on | 4 | | or before December 31, 2013, and (iii) 100%
of
the cost price
| 5 | | thereafter.
If, at any time, however, the tax under this Act on | 6 | | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | 7 | | the rate of 1.25%, then the
tax imposed by this Act applies to | 8 | | 100% of the proceeds of sales of gasohol
made during that time.
| 9 | | With respect to majority blended ethanol fuel, as defined | 10 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply | 11 | | to the selling price of property transferred
as an incident to | 12 | | the sale of service on or after July 1, 2003 and on or before
| 13 | | December 31, 2013 but applies to 100% of the selling price | 14 | | thereafter.
| 15 | | With respect to biodiesel blends, as defined in the Use Tax | 16 | | Act, with no less
than 1% and no
more than 10% biodiesel, the | 17 | | tax imposed by this Act
applies to (i) 80% of the selling price | 18 | | of property transferred as an incident
to the sale of service | 19 | | on or after July 1, 2003 and on or before December 31,
2013 and | 20 | | (ii) 100% of the proceeds of the selling price
thereafter.
If, | 21 | | at any time, however, the tax under this Act on sales of | 22 | | biodiesel blends,
as
defined in the Use Tax Act, with no less | 23 | | than 1% and no more than 10% biodiesel
is imposed at the rate | 24 | | of 1.25%, then the
tax imposed by this Act applies to 100% of | 25 | | the proceeds of sales of biodiesel
blends with no less than 1% | 26 | | and no more than 10% biodiesel
made
during that time.
|
| | | 09700HB0030ham002 | - 64 - | LRB097 03078 RLC 54424 a |
|
| 1 | | With respect to 100% biodiesel, as defined in the Use Tax | 2 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 3 | | more than 10% but no more than 99% biodiesel material, the tax | 4 | | imposed by this
Act
does not apply to the proceeds of the | 5 | | selling price of property transferred
as an incident to the | 6 | | sale of service on or after July 1, 2003 and on or before
| 7 | | December 31, 2013 but applies to 100% of the selling price | 8 | | thereafter.
| 9 | | At the election of any registered serviceman made for each | 10 | | fiscal year,
sales of service in which the aggregate annual | 11 | | cost price of tangible
personal property transferred as an | 12 | | incident to the sales of service is
less than 35%, or 75% in | 13 | | the case of servicemen transferring prescription
drugs or | 14 | | servicemen engaged in graphic arts production, of the aggregate
| 15 | | annual total gross receipts from all sales of service, the tax | 16 | | imposed by
this Act shall be based on the serviceman's cost | 17 | | price of the tangible
personal property transferred incident to | 18 | | the sale of those services.
| 19 | | The tax shall be imposed at the rate of 1% on food prepared | 20 | | for
immediate consumption and transferred incident to a sale of | 21 | | service subject
to this Act or the Service Occupation Tax Act | 22 | | by an entity licensed under
the Hospital Licensing Act, the | 23 | | Nursing Home Care Act, the MR/DD Community Care Act, or the
| 24 | | Child Care Act of 1969. The tax shall
also be imposed at the | 25 | | rate of 1% on food for human consumption that is
to be consumed | 26 | | off the
premises where it is sold (other than alcoholic |
| | | 09700HB0030ham002 | - 65 - | LRB097 03078 RLC 54424 a |
|
| 1 | | beverages, soft drinks, and
food that has been prepared for | 2 | | immediate consumption and is not
otherwise included in this | 3 | | paragraph) and prescription and
nonprescription medicines, | 4 | | drugs, medical appliances, modifications to a motor
vehicle for | 5 | | the purpose of rendering it usable by a disabled person, and
| 6 | | insulin, urine testing materials, syringes, and needles used by | 7 | | diabetics, for
human use. For the purposes of this Section, | 8 | | until September 1, 2009: the term "soft drinks" means any
| 9 | | complete, finished, ready-to-use, non-alcoholic drink, whether | 10 | | carbonated or
not, including but not limited to soda water, | 11 | | cola, fruit juice, vegetable
juice, carbonated water, and all | 12 | | other preparations commonly known as soft
drinks of whatever | 13 | | kind or description that are contained in any closed or
sealed | 14 | | can, carton, or container, regardless of size; but "soft | 15 | | drinks" does not
include coffee, tea, non-carbonated water, | 16 | | infant formula, milk or milk
products as defined in the Grade A | 17 | | Pasteurized Milk and Milk Products Act, or
drinks containing | 18 | | 50% or more natural fruit or vegetable juice.
| 19 | | Notwithstanding any other provisions of this
Act, | 20 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 21 | | beverages that contain natural or artificial sweeteners. "Soft | 22 | | drinks" do not include beverages that contain milk or milk | 23 | | products, soy, rice or similar milk substitutes, or greater | 24 | | than 50% of vegetable or fruit juice by volume. | 25 | | Until August 1, 2009, and notwithstanding any other | 26 | | provisions of this Act, "food for human consumption
that is to |
| | | 09700HB0030ham002 | - 66 - | LRB097 03078 RLC 54424 a |
|
| 1 | | be consumed off the premises where it is sold" includes all | 2 | | food
sold through a vending machine, except soft drinks and | 3 | | food products that are
dispensed hot from a vending machine, | 4 | | regardless of the location of the vending
machine. Beginning | 5 | | August 1, 2009, and notwithstanding any other provisions of | 6 | | this Act, "food for human consumption that is to be consumed | 7 | | off the premises where it is sold" includes all food sold | 8 | | through a vending machine, except soft drinks, candy, and food | 9 | | products that are dispensed hot from a vending machine, | 10 | | regardless of the location of the vending machine.
| 11 | | Notwithstanding any other provisions of this
Act, | 12 | | beginning September 1, 2009, "food for human consumption that | 13 | | is to be consumed off the premises where
it is sold" does not | 14 | | include candy. For purposes of this Section, "candy" means a | 15 | | preparation of sugar, honey, or other natural or artificial | 16 | | sweeteners in combination with chocolate, fruits, nuts or other | 17 | | ingredients or flavorings in the form of bars, drops, or | 18 | | pieces. "Candy" does not include any preparation that contains | 19 | | flour or requires refrigeration. | 20 | | Notwithstanding any other provisions of this
Act, | 21 | | beginning September 1, 2009, "nonprescription medicines and | 22 | | drugs" does not include grooming and hygiene products. | 23 | | Beginning on the effective date of this amendatory Act of the | 24 | | 97th General Assembly, "prescription and nonprescription | 25 | | medicines and drugs" includes medical cannabis purchased from a | 26 | | registered nonprofit medical cannabis organization under the |
| | | 09700HB0030ham002 | - 67 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 2 | | purposes of this Section, "grooming and hygiene products" | 3 | | includes, but is not limited to, soaps and cleaning solutions, | 4 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 5 | | lotions and screens, unless those products are available by | 6 | | prescription only, regardless of whether the products meet the | 7 | | definition of "over-the-counter-drugs". For the purposes of | 8 | | this paragraph, "over-the-counter-drug" means a drug for human | 9 | | use that contains a label that identifies the product as a drug | 10 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 11 | | label includes: | 12 | | (A) A "Drug Facts" panel; or | 13 | | (B) A statement of the "active ingredient(s)" with a | 14 | | list of those ingredients contained in the compound, | 15 | | substance or preparation. | 16 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 17 | | eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) | 18 | | Section 140. The Retailers' Occupation Tax Act is amended | 19 | | by changing Section 2-10 as follows:
| 20 | | (35 ILCS 120/2-10)
| 21 | | Sec. 2-10. Rate of tax. Unless otherwise provided in this | 22 | | Section,
the tax imposed by this Act is at the rate of 6.25% of | 23 | | gross receipts
from sales of tangible personal property made in | 24 | | the course of business.
|
| | | 09700HB0030ham002 | - 68 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Beginning on July 1, 2000 and through December 31, 2000, | 2 | | with respect to
motor fuel, as defined in Section 1.1 of the | 3 | | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | 4 | | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| 5 | | Beginning on August 6, 2010 through August 15, 2010, with | 6 | | respect to sales tax holiday items as defined in Section 2-8 of | 7 | | this Act, the
tax is imposed at the rate of 1.25%. | 8 | | Within 14 days after the effective date of this amendatory | 9 | | Act of the 91st
General Assembly, each retailer of motor fuel | 10 | | and gasohol shall cause the
following notice to be posted in a | 11 | | prominently visible place on each retail
dispensing device that | 12 | | is used to dispense motor
fuel or gasohol in the State of | 13 | | Illinois: "As of July 1, 2000, the State of
Illinois has | 14 | | eliminated the State's share of sales tax on motor fuel and
| 15 | | gasohol through December 31, 2000. The price on this pump | 16 | | should reflect the
elimination of the tax." The notice shall be | 17 | | printed in bold print on a sign
that is no smaller than 4 | 18 | | inches by 8 inches. The sign shall be clearly
visible to | 19 | | customers. Any retailer who fails to post or maintain a | 20 | | required
sign through December 31, 2000 is guilty of a petty | 21 | | offense for which the fine
shall be $500 per day per each | 22 | | retail premises where a violation occurs.
| 23 | | With respect to gasohol, as defined in the Use Tax Act, the | 24 | | tax imposed
by this Act applies to (i) 70% of the proceeds of | 25 | | sales made on or after
January 1, 1990, and before July 1, | 26 | | 2003, (ii) 80% of the proceeds of
sales made on or after July |
| | | 09700HB0030ham002 | - 69 - | LRB097 03078 RLC 54424 a |
|
| 1 | | 1, 2003 and on or before December 31,
2013, and (iii) 100% of | 2 | | the proceeds of sales
made thereafter.
If, at any time, | 3 | | however, the tax under this Act on sales of gasohol, as
defined | 4 | | in
the Use Tax Act, is imposed at the rate of 1.25%, then the
| 5 | | tax imposed by this Act applies to 100% of the proceeds of | 6 | | sales of gasohol
made during that time.
| 7 | | With respect to majority blended ethanol fuel, as defined | 8 | | in the Use Tax Act,
the
tax
imposed by this Act does not apply | 9 | | to the proceeds of sales made on or after
July 1, 2003 and on or | 10 | | before December 31, 2013 but applies to 100% of the
proceeds of | 11 | | sales made thereafter.
| 12 | | With respect to biodiesel blends, as defined in the Use Tax | 13 | | Act, with no less
than 1% and no
more than 10% biodiesel, the | 14 | | tax imposed by this Act
applies to (i) 80% of the proceeds of | 15 | | sales made on or after July 1, 2003
and on or before December | 16 | | 31, 2013 and (ii) 100% of the
proceeds of sales made | 17 | | thereafter.
If, at any time, however, the tax under this Act on | 18 | | sales of biodiesel blends,
as
defined in the Use Tax Act, with | 19 | | no less than 1% and no more than 10% biodiesel
is imposed at | 20 | | the rate of 1.25%, then the
tax imposed by this Act applies to | 21 | | 100% of the proceeds of sales of biodiesel
blends with no less | 22 | | than 1% and no more than 10% biodiesel
made
during that time.
| 23 | | With respect to 100% biodiesel, as defined in the Use Tax | 24 | | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| 25 | | more than 10% but no more than 99% biodiesel, the tax imposed | 26 | | by this Act
does not apply to the proceeds of sales made on or |
| | | 09700HB0030ham002 | - 70 - | LRB097 03078 RLC 54424 a |
|
| 1 | | after July 1, 2003
and on or before December 31, 2013 but | 2 | | applies to 100% of the
proceeds of sales made thereafter.
| 3 | | With respect to food for human consumption that is to be | 4 | | consumed off the
premises where it is sold (other than | 5 | | alcoholic beverages, soft drinks, and
food that has been | 6 | | prepared for immediate consumption) and prescription and
| 7 | | nonprescription medicines, drugs, medical appliances, | 8 | | modifications to a motor
vehicle for the purpose of rendering | 9 | | it usable by a disabled person, and
insulin, urine testing | 10 | | materials, syringes, and needles used by diabetics, for
human | 11 | | use, the tax is imposed at the rate of 1%. For the purposes of | 12 | | this
Section, until September 1, 2009: the term "soft drinks" | 13 | | means any complete, finished, ready-to-use,
non-alcoholic | 14 | | drink, whether carbonated or not, including but not limited to
| 15 | | soda water, cola, fruit juice, vegetable juice, carbonated | 16 | | water, and all other
preparations commonly known as soft drinks | 17 | | of whatever kind or description that
are contained in any | 18 | | closed or sealed bottle, can, carton, or container,
regardless | 19 | | of size; but "soft drinks" does not include coffee, tea, | 20 | | non-carbonated
water, infant formula, milk or milk products as | 21 | | defined in the Grade A
Pasteurized Milk and Milk Products Act, | 22 | | or drinks containing 50% or more
natural fruit or vegetable | 23 | | juice.
| 24 | | Notwithstanding any other provisions of this
Act, | 25 | | beginning September 1, 2009, "soft drinks" means non-alcoholic | 26 | | beverages that contain natural or artificial sweeteners. "Soft |
| | | 09700HB0030ham002 | - 71 - | LRB097 03078 RLC 54424 a |
|
| 1 | | drinks" do not include beverages that contain milk or milk | 2 | | products, soy, rice or similar milk substitutes, or greater | 3 | | than 50% of vegetable or fruit juice by volume. | 4 | | Until August 1, 2009, and notwithstanding any other | 5 | | provisions of this
Act, "food for human consumption that is to | 6 | | be consumed off the premises where
it is sold" includes all | 7 | | food sold through a vending machine, except soft
drinks and | 8 | | food products that are dispensed hot from a vending machine,
| 9 | | regardless of the location of the vending machine. Beginning | 10 | | August 1, 2009, and notwithstanding any other provisions of | 11 | | this Act, "food for human consumption that is to be consumed | 12 | | off the premises where it is sold" includes all food sold | 13 | | through a vending machine, except soft drinks, candy, and food | 14 | | products that are dispensed hot from a vending machine, | 15 | | regardless of the location of the vending machine.
| 16 | | Notwithstanding any other provisions of this
Act, | 17 | | beginning September 1, 2009, "food for human consumption that | 18 | | is to be consumed off the premises where
it is sold" does not | 19 | | include candy. For purposes of this Section, "candy" means a | 20 | | preparation of sugar, honey, or other natural or artificial | 21 | | sweeteners in combination with chocolate, fruits, nuts or other | 22 | | ingredients or flavorings in the form of bars, drops, or | 23 | | pieces. "Candy" does not include any preparation that contains | 24 | | flour or requires refrigeration. | 25 | | Notwithstanding any other provisions of this
Act, | 26 | | beginning September 1, 2009, "nonprescription medicines and |
| | | 09700HB0030ham002 | - 72 - | LRB097 03078 RLC 54424 a |
|
| 1 | | drugs" does not include grooming and hygiene products. | 2 | | Beginning on the effective date of this amendatory Act of the | 3 | | 97th General Assembly, "prescription and nonprescription | 4 | | medicines and drugs" includes medical cannabis purchased from a | 5 | | registered nonprofit medical cannabis organization under the | 6 | | Compassionate Use of Medical Cannabis Pilot Program Act. For | 7 | | purposes of this Section, "grooming and hygiene products" | 8 | | includes, but is not limited to, soaps and cleaning solutions, | 9 | | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | 10 | | lotions and screens, unless those products are available by | 11 | | prescription only, regardless of whether the products meet the | 12 | | definition of "over-the-counter-drugs". For the purposes of | 13 | | this paragraph, "over-the-counter-drug" means a drug for human | 14 | | use that contains a label that identifies the product as a drug | 15 | | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | 16 | | label includes: | 17 | | (A) A "Drug Facts" panel; or | 18 | | (B) A statement of the "active ingredient(s)" with a | 19 | | list of those ingredients contained in the compound, | 20 | | substance or preparation.
| 21 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | 22 | | eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)".
| 23 | | Section 145. The Illinois Vehicle Code is amended by | 24 | | changing Section 11-501 and by adding Section 11-501.9 as | 25 | | follows: |
| | | 09700HB0030ham002 | - 73 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 2 | | Sec. 11-501. Driving while under the influence of alcohol, | 3 | | other drug or drugs, intoxicating compound or compounds or any | 4 | | combination thereof.
| 5 | | (a) A person shall not drive or be in actual physical | 6 | | control of any vehicle within this State while: | 7 | | (1) the alcohol concentration in the person's blood or | 8 | | breath is 0.08 or more based on the definition of blood and | 9 | | breath units in Section 11-501.2; | 10 | | (2) under the influence of alcohol; | 11 | | (3) under the influence of any intoxicating compound or | 12 | | combination of intoxicating compounds to a degree that | 13 | | renders the person incapable of driving safely; | 14 | | (4) under the influence of any other drug or | 15 | | combination of drugs to a degree that renders the person | 16 | | incapable of safely driving; | 17 | | (5) under the combined influence of alcohol, other drug | 18 | | or drugs, or intoxicating compound or compounds to a degree | 19 | | that renders the person incapable of safely driving; or | 20 | | (6) there is any amount of a drug, substance, or | 21 | | compound in the person's breath, blood, or urine resulting | 22 | | from the unlawful use or consumption of cannabis listed in | 23 | | the Cannabis Control Act, a controlled substance listed in | 24 | | the Illinois Controlled Substances Act, an intoxicating | 25 | | compound listed in the Use of Intoxicating Compounds Act, |
| | | 09700HB0030ham002 | - 74 - | LRB097 03078 RLC 54424 a |
|
| 1 | | or methamphetamine as listed in the Methamphetamine | 2 | | Control and Community Protection Act.
Subject to all other | 3 | | requirements set forth in this Act, for the purposes of | 4 | | this subsection the lawful consumption of cannabis by a | 5 | | qualifying patient licensed under the Compassionate Use of | 6 | | Medical Cannabis Pilot Program Act who is in possession of | 7 | | a valid registry card shall be governed by the provisions | 8 | | set forth in Section 11-501.9. | 9 | | (b) The fact that any person charged with violating this | 10 | | Section is or has been legally entitled to use alcohol, other | 11 | | drug or drugs, or intoxicating compound or compounds, or any | 12 | | combination thereof, shall not constitute a defense against any | 13 | | charge of violating this Section. | 14 | | (c) Penalties. | 15 | | (1) Except as otherwise provided in this Section, any | 16 | | person convicted of violating subsection (a) of this | 17 | | Section is guilty of a Class A misdemeanor. | 18 | | (2) A person who violates subsection (a) or a similar | 19 | | provision a second time shall be sentenced to a mandatory | 20 | | minimum term of either 5 days of imprisonment or 240 hours | 21 | | of community service in addition to any other criminal or | 22 | | administrative sanction. | 23 | | (3) A person who violates subsection (a) is subject to | 24 | | 6 months of imprisonment, an additional mandatory minimum | 25 | | fine of $1,000, and 25 days of community service in a | 26 | | program benefiting children if the person was transporting |
| | | 09700HB0030ham002 | - 75 - | LRB097 03078 RLC 54424 a |
|
| 1 | | a person under the age of 16 at the time of the violation. | 2 | | (4) A person who violates subsection (a) a first time, | 3 | | if the alcohol concentration in his or her blood, breath, | 4 | | or urine was 0.16 or more based on the definition of blood, | 5 | | breath, or urine units in Section 11-501.2, or 2 times the | 6 | | cannabis in Section 11-501.9 shall be subject, in addition | 7 | | to any other penalty that may be imposed, to a mandatory | 8 | | minimum of 100 hours of community service and a mandatory | 9 | | minimum fine of $500. | 10 | | (5) A person who violates subsection (a) a second time, | 11 | | if at the time of the second violation the alcohol | 12 | | concentration in his or her blood, breath, or urine was | 13 | | 0.16 or more based on the definition of blood, breath, or | 14 | | urine units in Section 11-501.2 or 2 times the cannabis in | 15 | | Section 11-501.9 , shall be subject, in addition to any | 16 | | other penalty that may be imposed, to a mandatory minimum | 17 | | of 2 days of imprisonment and a mandatory minimum fine of | 18 | | $1,250. | 19 | | (d) Aggravated driving under the influence of alcohol, | 20 | | other drug or drugs, or intoxicating compound or compounds, or | 21 | | any combination thereof.
| 22 | | (1) Every person convicted of committing a violation of | 23 | | this Section shall be guilty of aggravated driving under | 24 | | the influence of alcohol, other drug or drugs, or | 25 | | intoxicating compound or compounds, or any combination | 26 | | thereof if: |
| | | 09700HB0030ham002 | - 76 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (A) the person committed a violation of subsection | 2 | | (a) or a similar provision for the third or subsequent | 3 | | time; | 4 | | (B) the person committed a violation of subsection | 5 | | (a) while driving a school bus with persons 18 years of | 6 | | age or younger on board; | 7 | | (C) the person in committing a violation of | 8 | | subsection (a) was involved in a motor vehicle accident | 9 | | that resulted in great bodily harm or permanent | 10 | | disability or disfigurement to another, when the | 11 | | violation was a proximate cause of the injuries; | 12 | | (D) the person committed a violation of subsection | 13 | | (a) and has been previously convicted of violating | 14 | | Section 9-3 of the Criminal Code of 1961 or a similar | 15 | | provision of a law of another state relating to | 16 | | reckless homicide in which the person was determined to | 17 | | have been under the influence of alcohol, other drug or | 18 | | drugs, or intoxicating compound or compounds as an | 19 | | element of the offense or the person has previously | 20 | | been convicted under subparagraph (C) or subparagraph | 21 | | (F) of this paragraph (1); | 22 | | (E) the person, in committing a violation of | 23 | | subsection (a) while driving at any speed in a school | 24 | | speed zone at a time when a speed limit of 20 miles per | 25 | | hour was in effect under subsection (a) of Section | 26 | | 11-605 of this Code, was involved in a motor vehicle |
| | | 09700HB0030ham002 | - 77 - | LRB097 03078 RLC 54424 a |
|
| 1 | | accident that resulted in bodily harm, other than great | 2 | | bodily harm or permanent disability or disfigurement, | 3 | | to another person, when the violation of subsection (a) | 4 | | was a proximate cause of the bodily harm; | 5 | | (F) the person, in committing a violation of | 6 | | subsection (a), was involved in a motor vehicle, | 7 | | snowmobile, all-terrain vehicle, or watercraft | 8 | | accident that resulted in the death of another person, | 9 | | when the violation of subsection (a) was a proximate | 10 | | cause of the death; | 11 | | (G) the person committed a violation of subsection | 12 | | (a) during a period in which the defendant's driving | 13 | | privileges are revoked or suspended, where the | 14 | | revocation or suspension was for a violation of | 15 | | subsection (a) or a similar provision, Section | 16 | | 11-501.1, 11-501.9, paragraph (b) of Section 11-401, | 17 | | or for reckless homicide as defined in Section 9-3 of | 18 | | the Criminal Code of 1961; | 19 | | (H) the person committed the violation while he or | 20 | | she did not possess a driver's license or permit or a | 21 | | restricted driving permit or a judicial driving permit | 22 | | or a monitoring device driving permit; | 23 | | (I) the person committed the violation while he or | 24 | | she knew or should have known that the vehicle he or | 25 | | she was driving was not covered by a liability | 26 | | insurance policy; |
| | | 09700HB0030ham002 | - 78 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (J) the person in committing a violation of | 2 | | subsection (a) was involved in a motor vehicle accident | 3 | | that resulted in bodily harm, but not great bodily | 4 | | harm, to the child under the age of 16 being | 5 | | transported by the person, if the violation was the | 6 | | proximate cause of the injury; or | 7 | | (K) the person in committing a second violation of | 8 | | subsection (a) or a similar provision was transporting | 9 | | a person under the age of 16. | 10 | | (2)(A) Except as provided otherwise, a person | 11 | | convicted of aggravated driving under the influence of | 12 | | alcohol, other drug or drugs, or intoxicating compound or | 13 | | compounds, or any combination thereof is guilty of a Class | 14 | | 4 felony. | 15 | | (B) A third violation of this Section or a similar | 16 | | provision is a Class 2 felony. If at the time of the third | 17 | | violation the alcohol concentration in his or her blood, | 18 | | breath, or urine was 0.16 or more based on the definition | 19 | | of blood, breath, or urine units in Section 11-501.2, a | 20 | | mandatory minimum of 90 days of imprisonment and a | 21 | | mandatory minimum fine of $2,500 shall be imposed in | 22 | | addition to any other criminal or administrative sanction. | 23 | | If at the time of the third violation, the defendant was | 24 | | transporting a person under the age of 16, a mandatory fine | 25 | | of $25,000 and 25 days of community service in a program | 26 | | benefiting children shall be imposed in addition to any |
| | | 09700HB0030ham002 | - 79 - | LRB097 03078 RLC 54424 a |
|
| 1 | | other criminal or administrative sanction. | 2 | | (C) A fourth violation of this Section or a similar | 3 | | provision is a Class 2 felony, for which a sentence of | 4 | | probation or conditional discharge may not be imposed. If | 5 | | at the time of the violation, the alcohol concentration in | 6 | | the defendant's blood, breath, or urine was 0.16 or more | 7 | | based on the definition of blood, breath, or urine units in | 8 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 | | be imposed in addition to any other criminal or | 10 | | administrative sanction. If at the time of the fourth | 11 | | violation, the defendant was transporting a person under | 12 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 13 | | community service in a program benefiting children shall be | 14 | | imposed in addition to any other criminal or administrative | 15 | | sanction. | 16 | | (D) A fifth violation of this Section or a similar | 17 | | provision is a Class 1 felony, for which a sentence of | 18 | | probation or conditional discharge may not be imposed. If | 19 | | at the time of the violation, the alcohol concentration in | 20 | | the defendant's blood, breath, or urine was 0.16 or more | 21 | | based on the definition of blood, breath, or urine units in | 22 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 23 | | be imposed in addition to any other criminal or | 24 | | administrative sanction. If at the time of the fifth | 25 | | violation, the defendant was transporting a person under | 26 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
| | | 09700HB0030ham002 | - 80 - | LRB097 03078 RLC 54424 a |
|
| 1 | | community service in a program benefiting children shall be | 2 | | imposed in addition to any other criminal or administrative | 3 | | sanction. | 4 | | (E) A sixth or subsequent violation of this Section or | 5 | | similar provision is a Class X felony. If at the time of | 6 | | the violation, the alcohol concentration in the | 7 | | defendant's blood, breath, or urine was 0.16 or more based | 8 | | on the definition of blood, breath, or urine units in | 9 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 10 | | be imposed in addition to any other criminal or | 11 | | administrative sanction. If at the time of the violation, | 12 | | the defendant was transporting a person under the age of | 13 | | 16, a mandatory fine of $25,000 and 25 days of community | 14 | | service in a program benefiting children shall be imposed | 15 | | in addition to any other criminal or administrative | 16 | | sanction. | 17 | | (F) For a violation of subparagraph (C) of paragraph | 18 | | (1) of this subsection (d), the defendant, if sentenced to | 19 | | a term of imprisonment, shall be sentenced to not less than | 20 | | one year nor more than 12 years. | 21 | | (G) A violation of subparagraph (F) of paragraph (1) of | 22 | | this subsection (d) is a Class 2 felony, for which the | 23 | | defendant, unless the court determines that extraordinary | 24 | | circumstances exist and require probation, shall be | 25 | | sentenced to: (i) a term of imprisonment of not less than 3 | 26 | | years and not more than 14 years if the violation resulted |
| | | 09700HB0030ham002 | - 81 - | LRB097 03078 RLC 54424 a |
|
| 1 | | in the death of one person; or (ii) a term of imprisonment | 2 | | of not less than 6 years and not more than 28 years if the | 3 | | violation resulted in the deaths of 2 or more persons. | 4 | | (H) For a violation of subparagraph (J) of paragraph | 5 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 6 | | 25 days of community service in a program benefiting | 7 | | children shall be imposed in addition to any other criminal | 8 | | or administrative sanction. | 9 | | (I) A violation of subparagraph (K) of paragraph (1) of | 10 | | this subsection (d), is a Class 2 felony and a mandatory | 11 | | fine of $2,500, and 25 days of community service in a | 12 | | program benefiting children shall be imposed in addition to | 13 | | any other criminal or administrative sanction. If the child | 14 | | being transported suffered bodily harm, but not great | 15 | | bodily harm, in a motor vehicle accident, and the violation | 16 | | was the proximate cause of that injury, a mandatory fine of | 17 | | $5,000 and 25 days of community service in a program | 18 | | benefiting children shall be imposed in addition to any | 19 | | other criminal or administrative sanction. | 20 | | (J) A violation of subparagraph (D) of paragraph (1) of | 21 | | this subsection (d) is a Class 3 felony, for which a | 22 | | sentence of probation or conditional discharge may not be | 23 | | imposed. | 24 | | (3) Any person sentenced under this subsection (d) who | 25 | | receives a term of probation or conditional discharge must | 26 | | serve a minimum term of either 480 hours of community |
| | | 09700HB0030ham002 | - 82 - | LRB097 03078 RLC 54424 a |
|
| 1 | | service or 10 days of imprisonment as a condition of the | 2 | | probation or conditional discharge in addition to any other | 3 | | criminal or administrative sanction. | 4 | | (e) Any reference to a prior violation of subsection (a) or | 5 | | a similar provision includes any violation of a provision of a | 6 | | local ordinance or a provision of a law of another state or an | 7 | | offense committed on a military installation that is similar to | 8 | | a violation of subsection (a) of this Section. | 9 | | (f) The imposition of a mandatory term of imprisonment or | 10 | | assignment of community service for a violation of this Section | 11 | | shall not be suspended or reduced by the court. | 12 | | (g) Any penalty imposed for driving with a license that has | 13 | | been revoked for a previous violation of subsection (a) of this | 14 | | Section shall be in addition to the penalty imposed for any | 15 | | subsequent violation of subsection (a). | 16 | | (h) For any prosecution under this Section, a certified | 17 | | copy of the driving abstract of the defendant shall be admitted | 18 | | as proof of any prior conviction.
| 19 | | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | 20 | | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | 21 | | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.) | 22 | | (625 ILCS 5/11-501.9 new) | 23 | | Sec. 11-501.9. Medical cannabis; qualifying patient; | 24 | | restrictions. | 25 | | (a) No person who is a qualifying patient in possession of |
| | | 09700HB0030ham002 | - 83 - | LRB097 03078 RLC 54424 a |
|
| 1 | | a valid registry card under the Compassionate Use of Medical | 2 | | Cannabis Pilot Program Act may operate a motor vehicle unless 6 | 3 | | hours have passed from the time that the qualifying patient | 4 | | last consumed medical cannabis. | 5 | | (b) No person who is a qualifying patient in possession of | 6 | | a valid registry card under the Compassionate Use of Medical | 7 | | Cannabis Pilot Program Act who has a concentration of cannabis | 8 | | in the person's urine of at least 15 nanograms of cannabis per | 9 | | milliliter of the person's urine or has a concentration of | 10 | | cannabis in the person's whole blood of at least 5 nanograms of | 11 | | cannabis per milliliter of the person's whole blood shall drive | 12 | | or be in actual physical control of any vehicle within this | 13 | | State. | 14 | | (c) The sole fact that the person is a qualifying patient | 15 | | under the Compassionate Use of Medical Cannabis Pilot Program | 16 | | Act in possession of a registry card shall not constitute | 17 | | reasonable suspicion or probable cause that there is a | 18 | | violation under this Section or elsewhere. | 19 | | (d) Any violation of this Section shall subject the | 20 | | offender to the penalties set forth in Section 11-501 and all | 21 | | other appropriate sanctions under law. | 22 | | Section 150. The Cannabis Control Act is amended by | 23 | | changing Sections 4, 5, 8, 9, and 16.1 as follows:
| 24 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
|
| | | 09700HB0030ham002 | - 84 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Sec. 4. It is unlawful for any person knowingly to possess | 2 | | cannabis. Any person
who violates this section with respect to:
| 3 | | (a) not more than 2.5 grams of any substance containing | 4 | | cannabis is
guilty of a Class C misdemeanor;
| 5 | | (b) more than 2.5 grams but not more than 10 grams of | 6 | | any substance
containing cannabis is guilty of a Class B | 7 | | misdemeanor;
| 8 | | (c) more than 10 grams but not more than 30 grams of | 9 | | any substance
containing cannabis is guilty of a Class A | 10 | | misdemeanor; provided, that if
any offense under this | 11 | | subsection (c) is a subsequent offense, the offender
shall | 12 | | be guilty of a Class 4 felony;
| 13 | | (d) more than 30 grams but not more than 500 grams of | 14 | | any substance
containing cannabis is guilty of a Class 4 | 15 | | felony; provided that if any
offense under this subsection | 16 | | (d) is a subsequent offense, the offender
shall be guilty | 17 | | of a Class 3 felony;
| 18 | | (e) more than 500 grams but not more than 2,000 grams | 19 | | of any substance
containing cannabis is guilty
of a Class 3 | 20 | | felony;
| 21 | | (f) more than 2,000 grams but not more than 5,000 grams | 22 | | of any
substance containing cannabis is guilty of a Class 2 | 23 | | felony;
| 24 | | (g) more than 5,000 grams of any substance containing | 25 | | cannabis is guilty
of a Class 1 felony ; .
| 26 | | (h) if any offense is committed under subsection (a) or |
| | | 09700HB0030ham002 | - 85 - | LRB097 03078 RLC 54424 a |
|
| 1 | | (b) and the defendant is a registered nonprofit medical | 2 | | cannabis organization agent, the defendant is guilty of a | 3 | | Class 4 felony; | 4 | | (i) if any offense is committed under subsection (c) | 5 | | and the defendant is a registered nonprofit medical | 6 | | cannabis organization agent, the defendant is guilty of a | 7 | | Class 3 felony; | 8 | | (j) if any offense is committed under subsection (d) | 9 | | and the defendant is a registered nonprofit medical | 10 | | cannabis organization agent, the defendant is guilty of a | 11 | | Class 2 felony; | 12 | | (k) if any offense is committed under subsection (e) | 13 | | and the defendant is a registered nonprofit medical | 14 | | cannabis organization agent, the defendant is guilty of a | 15 | | Class 1 felony; | 16 | | (l) if any offense is committed under subsection (f) | 17 | | and the defendant is a registered nonprofit medical | 18 | | cannabis organization agent, the defendant is guilty of a | 19 | | Class X felony; or | 20 | | (m) if any offense is committed under subsection (g) | 21 | | and the defendant is a registered nonprofit medical | 22 | | cannabis organization agent, the defendant is guilty of a | 23 | | Class X felony extended term. | 24 | | (Source: P.A. 90-397, eff. 8-15-97 .)
| 25 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
|
| | | 09700HB0030ham002 | - 86 - | LRB097 03078 RLC 54424 a |
|
| 1 | | Sec. 5.
It is unlawful for any person knowingly to | 2 | | manufacture, deliver, or
possess with intent to deliver, or | 3 | | manufacture, cannabis. Any person who
violates this section | 4 | | with respect to:
| 5 | | (a) not more than 2.5 grams of any substance containing | 6 | | cannabis is
guilty of a Class B misdemeanor;
| 7 | | (b) more than 2.5 grams but not more than 10 grams of any | 8 | | substance
containing cannabis is guilty of a Class A | 9 | | misdemeanor;
| 10 | | (c) more than 10 grams but not more than 30 grams of any | 11 | | substance
containing cannabis is guilty of a Class 4 felony;
| 12 | | (d) more than 30 grams but not more than 500 grams of any | 13 | | substance
containing cannabis is guilty of a Class 3 felony for | 14 | | which a fine not
to exceed $50,000 may be imposed;
| 15 | | (e) more than 500 grams but not more than 2,000 grams of | 16 | | any substance
containing cannabis is guilty
of a Class 2 felony | 17 | | for which a fine not to exceed $100,000 may be
imposed;
| 18 | | (f) more than 2,000 grams but not more than 5,000 grams of | 19 | | any
substance containing cannabis is guilty of a Class 1 felony | 20 | | for which a
fine not to exceed $150,000 may be imposed;
| 21 | | (g) more than 5,000 grams of any substance containing | 22 | | cannabis is guilty
of a Class X felony for which a fine not to | 23 | | exceed $200,000 may be imposed ; .
| 24 | | (h) if any offense is committed under subsections (a), (b) | 25 | | or (c) and the defendant is a registered nonprofit medical | 26 | | cannabis organization agent, the defendant is guilty of a Class |
| | | 09700HB0030ham002 | - 87 - | LRB097 03078 RLC 54424 a |
|
| 1 | | 3 felony; | 2 | | (i) if any offense is committed under subsection (d) and | 3 | | the defendant is a registered nonprofit medical cannabis | 4 | | organization agent, the defendant is guilty of a Class 2 | 5 | | felony; | 6 | | (j) if any offense is committed under subsection (e) and | 7 | | the defendant is a registered nonprofit medical cannabis | 8 | | organization agent, the defendant is guilty of a Class 1 | 9 | | felony; | 10 | | (k) if any offense is committed under subsection (f) and | 11 | | the defendant is a registered nonprofit medical cannabis | 12 | | organization agent, the defendant is guilty of a Class X | 13 | | felony; or | 14 | | (l) if any offense is committed under subsection (g) and | 15 | | the defendant is a registered nonprofit medical cannabis | 16 | | organization agent, the defendant is guilty of a Class X with | 17 | | an extended term. | 18 | | (Source: P.A. 90-397, eff. 8-15-97.)
| 19 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| 20 | | Sec. 8. It is unlawful for any person knowingly to produce | 21 | | the
cannabis sativa plant or to possess such plants unless | 22 | | production or possession
has been authorized pursuant to the | 23 | | provisions of Section 11 of the Act.
Any person who violates | 24 | | this Section with respect to production or possession of:
| 25 | | (a) Not more than 5 plants is guilty of a Class A |
| | | 09700HB0030ham002 | - 88 - | LRB097 03078 RLC 54424 a |
|
| 1 | | misdemeanor.
| 2 | | (b) More than 5, but not more than 20 plants, is guilty
of | 3 | | a Class 4 felony.
| 4 | | (c) More than 20, but not more than 50 plants, is
guilty of | 5 | | a Class 3 felony.
| 6 | | (d) More than 50, but not more than 200 plants, is guilty | 7 | | of a Class 2 felony for which
a fine not to exceed $100,000 may | 8 | | be imposed and for which liability for
the cost of conducting | 9 | | the investigation and eradicating such plants may be
assessed. | 10 | | Compensation for expenses incurred in the enforcement of this
| 11 | | provision shall be transmitted to and deposited in the | 12 | | treasurer's office
at the level of government represented by | 13 | | the Illinois law enforcement
agency whose officers or employees | 14 | | conducted the investigation or caused
the arrest or arrests | 15 | | leading to the prosecution, to be subsequently made
available | 16 | | to that law enforcement agency as expendable receipts for use | 17 | | in
the enforcement of laws regulating controlled substances and | 18 | | cannabis. If
such seizure was made by a combination of law | 19 | | enforcement personnel
representing different levels of | 20 | | government, the court levying the
assessment shall determine | 21 | | the allocation of such assessment. The proceeds
of assessment | 22 | | awarded to the State treasury shall be deposited in a special
| 23 | | fund known as the Drug Traffic Prevention Fund. | 24 | | (e) More than 200 plants is guilty of a Class 1 felony for | 25 | | which
a fine not to exceed $100,000 may be imposed and for | 26 | | which liability for
the cost of conducting the investigation |
| | | 09700HB0030ham002 | - 89 - | LRB097 03078 RLC 54424 a |
|
| 1 | | and eradicating such plants may be
assessed. Compensation for | 2 | | expenses incurred in the enforcement of this
provision shall be | 3 | | transmitted to and deposited in the treasurer's office
at the | 4 | | level of government represented by the Illinois law enforcement
| 5 | | agency whose officers or employees conducted the investigation | 6 | | or caused
the arrest or arrests leading to the prosecution, to | 7 | | be subsequently made
available to that law enforcement agency | 8 | | as expendable receipts for use in
the enforcement of laws | 9 | | regulating controlled substances and cannabis. If
such seizure | 10 | | was made by a combination of law enforcement personnel
| 11 | | representing different levels of government, the court levying | 12 | | the
assessment shall determine the allocation of such | 13 | | assessment. The proceeds
of assessment awarded to the State | 14 | | treasury shall be deposited in a special
fund known as the Drug | 15 | | Traffic Prevention Fund.
| 16 | | (Source: P.A. 95-247, eff. 1-1-08.)
| 17 | | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
| 18 | | Sec. 9.
(a) Any person who engages in a calculated criminal
| 19 | | cannabis conspiracy, as defined in subsection (b), is guilty of | 20 | | a Class
3 felony, and fined not more than $200,000 and shall be | 21 | | subject to the
forfeitures prescribed in subsection (c); except | 22 | | that, if any person
engages in such offense after one or more | 23 | | prior convictions under this
Section, Section 4 (d), Section 5 | 24 | | (d), Section 8 (d) or any law of the United
States
or of any | 25 | | State relating to cannabis, or controlled substances as
defined |
| | | 09700HB0030ham002 | - 90 - | LRB097 03078 RLC 54424 a |
|
| 1 | | in the Illinois Controlled Substances Act, in addition to the
| 2 | | fine and forfeiture authorized above, he shall be guilty of a | 3 | | Class 1
felony for which an offender may not be sentenced to | 4 | | death ; if any offense is committed under this Section and the | 5 | | defendant is a registered nonprofit medical cannabis | 6 | | organization agent, the defendant is guilty of a Class X | 7 | | felony .
| 8 | | (b) For purposes of this section, a person engages in a | 9 | | calculated
criminal cannabis conspiracy when:
| 10 | | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
or | 11 | | 8 (d) of this Act; and
| 12 | | (2) such violation is a part of a conspiracy undertaken or | 13 | | carried
on with 2 or more other persons; and
| 14 | | (3) he obtains anything of value greater than $500 from, or
| 15 | | organizes, directs or finances such violation or conspiracy.
| 16 | | (c) Any person who is convicted under this Section of | 17 | | engaging in a
calculated criminal cannabis conspiracy shall | 18 | | forfeit to the State of
Illinois:
| 19 | | (1) the receipts obtained by him in such conspiracy; and
| 20 | | (2) any of his interests in, claims against, receipts from, | 21 | | or
property or rights of any kind affording a source of | 22 | | influence over,
such conspiracy.
| 23 | | (d) The circuit court may enter such injunctions, | 24 | | restraining
orders, directions, or prohibitions, or take such | 25 | | other actions,
including the acceptance of satisfactory | 26 | | performance bonds, in
connection with any property, claim, |
| | | 09700HB0030ham002 | - 91 - | LRB097 03078 RLC 54424 a |
|
| 1 | | receipt, right or other interest
subject to forfeiture under | 2 | | this Section, as it deems proper.
| 3 | | (Source: P.A. 84-1233.)
| 4 | | (720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
| 5 | | Sec. 16.1.
In any prosecution for any violation of this | 6 | | Act, it shall
be an affirmative defense that the substance | 7 | | possessed by the defendant
was regulated as a controlled | 8 | | substance under the Illinois Controlled Substances
Act or | 9 | | pursuant to the Compassionate Use of Medical Cannabis Pilot | 10 | | Program Act . In order to raise
this affirmative defense, the | 11 | | defendant shall give notice thereof to the
State not less than | 12 | | 7 days prior to trial.
| 13 | | (Source: P.A. 84-1313; 84-1362.)
| 14 | | (720 ILCS 550/11 rep.) | 15 | | (720 ILCS 550/15 rep.) | 16 | | Section 155. The Cannabis Control Act is amended by | 17 | | repealing Sections 11 and 15. | 18 | | Section 160. Severability. The provisions of this Act are | 19 | | severable under Section 1.31 of the Statute on Statutes. | 20 | | Section 999. Effective date. This Act takes effect upon | 21 | | becoming law.".
|
|