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


Rep. Lou Lang

Filed: 5/27/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 10, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Compassionate Use of Medical Cannabis Pilot
6Program Act is amended by changing Sections 5, 10, 15, 35, 45,
760, 70, 75, and 220 and by adding Sections 7 and 57 as follows:
8    (410 ILCS 130/5)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 5. Findings.
11    (a) The recorded use of cannabis as a medicine goes back
12nearly 5,000 years. Modern medical research has confirmed the
13beneficial uses of cannabis in treating or alleviating the
14pain, nausea, and other symptoms associated with a variety of
15debilitating medical conditions, including cancer, multiple
16sclerosis, and HIV/AIDS, as found by the National Academy of



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1Sciences' Institute of Medicine in March 1999.
2    (b) Studies published since the 1999 Institute of Medicine
3report continue to show the therapeutic value of cannabis in
4treating a wide array of debilitating medical conditions. These
5include relief of the neuropathic pain caused by multiple
6sclerosis, HIV/AIDS, and other illnesses that often fail to
7respond to conventional treatments and relief of nausea,
8vomiting, and other side effects of drugs used to treat
9HIV/AIDS and hepatitis C, increasing the chances of patients
10continuing on life-saving treatment regimens.
11    (c) Cannabis has many currently accepted medical uses in
12the United States, having been recommended by thousands of
13licensed physicians to at least 600,000 patients in states with
14medical cannabis laws. The medical utility of cannabis is
15recognized by a wide range of medical and public health
16organizations, including the American Academy of HIV Medicine,
17the American College of Physicians, the American Nurses
18Association, the American Public Health Association, the
19Leukemia & Lymphoma Society, and many others.
20    (d) Data from the Federal Bureau of Investigation's Uniform
21Crime Reports and the Compendium of Federal Justice Statistics
22show that approximately 99 out of every 100 cannabis arrests in
23the U.S. are made under state law, rather than under federal
24law. Consequently, changing State law will have the practical
25effect of protecting from arrest the vast majority of seriously
26ill patients who have a medical need to use cannabis.



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1    (d-5) In 2014, the Task Force on Veterans' Suicide was
2created by the Illinois General Assembly to gather data on
3veterans' suicide prevention. Data from a U.S. Department of
4Veterans Affairs study indicates that 22 veterans commit
5suicide each day.
6    (e) Alaska, Arizona, California, Colorado, Connecticut,
7Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
8Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
9Washington, and Washington, D.C. have removed state-level
10criminal penalties from the medical use and cultivation of
11cannabis. Illinois joins in this effort for the health and
12welfare of its citizens.
13    (f) States are not required to enforce federal law or
14prosecute people for engaging in activities prohibited by
15federal law. Therefore, compliance with this Act does not put
16the State of Illinois in violation of federal law.
17    (g) State law should make a distinction between the medical
18and non-medical uses of cannabis. Hence, the purpose of this
19Act is to protect patients with debilitating medical
20conditions, as well as their physicians and providers, from
21arrest and prosecution, criminal and other penalties, and
22property forfeiture if the patients engage in the medical use
23of cannabis.
24(Source: P.A. 98-122, eff. 1-1-14.)
25    (410 ILCS 130/7 new)



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1    Sec. 7. Lawful user and lawful products. For the purposes
2of this Act and to clarify the legislative findings on the
3lawful use of cannabis:
4        (1) A cardholder under this Act shall not be considered
5    an unlawful user or addicted to narcotics solely as a
6    result of his or her qualifying patient or designated
7    caregiver status.
8        (2) All medical cannabis products purchased by a
9    qualifying patient at a licensed dispensing organization
10    shall be lawful products and a distinction shall be made
11    between medical and non-medical uses of cannabis as a
12    result of the qualifying patient's cardholder status under
13    the authorized use granted under State law.
14    (410 ILCS 130/10)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 10. Definitions. The following terms, as used in this
17Act, shall have the meanings set forth in this Section:
18    (a) "Adequate supply" means:
19        (1) 2.5 ounces of usable cannabis during a period of 14
20    days and that is derived solely from an intrastate source.
21        (2) Subject to the rules of the Department of Public
22    Health, a patient may apply for a waiver where a physician
23    provides a substantial medical basis in a signed, written
24    statement asserting that, based on the patient's medical
25    history, in the physician's professional judgment, 2.5



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1    ounces is an insufficient adequate supply for a 14-day
2    period to properly alleviate the patient's debilitating
3    medical condition or symptoms associated with the
4    debilitating medical condition.
5        (3) This subsection may not be construed to authorize
6    the possession of more than 2.5 ounces at any time without
7    authority from the Department of Public Health.
8        (4) The pre-mixed weight of medical cannabis used in
9    making a cannabis infused product shall apply toward the
10    limit on the total amount of medical cannabis a registered
11    qualifying patient may possess at any one time.
12    (b) "Cannabis" has the meaning given that term in Section 3
13of the Cannabis Control Act.
14    (c) "Cannabis plant monitoring system" means a system that
15includes, but is not limited to, testing and data collection
16established and maintained by the registered cultivation
17center and available to the Department for the purposes of
18documenting each cannabis plant and for monitoring plant
19development throughout the life cycle of a cannabis plant
20cultivated for the intended use by a qualifying patient from
21seed planting to final packaging.
22    (d) "Cardholder" means a qualifying patient or a designated
23caregiver who has been issued and possesses a valid registry
24identification card by the Department of Public Health.
25    (e) "Cultivation center" means a facility operated by an
26organization or business that is registered by the Department



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1of Agriculture to perform necessary activities to provide only
2registered medical cannabis dispensing organizations with
3usable medical cannabis.
4    (f) "Cultivation center agent" means a principal officer,
5board member, employee, or agent of a registered cultivation
6center who is 21 years of age or older and has not been
7convicted of an excluded offense.
8    (g) "Cultivation center agent identification card" means a
9document issued by the Department of Agriculture that
10identifies a person as a cultivation center agent.
11    (h) "Debilitating medical condition" means one or more of
12the following:
13        (1) cancer, glaucoma, positive status for human
14    immunodeficiency virus, acquired immune deficiency
15    syndrome, hepatitis C, amyotrophic lateral sclerosis,
16    Crohn's disease, agitation of Alzheimer's disease,
17    cachexia/wasting syndrome, muscular dystrophy, severe
18    fibromyalgia, spinal cord disease, including but not
19    limited to arachnoiditis, Tarlov cysts, hydromyelia,
20    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
21    spinal cord injury, traumatic brain injury and
22    post-concussion syndrome, Multiple Sclerosis,
23    Arnold-Chiari malformation and Syringomyelia,
24    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
25    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
26    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS



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1    (Complex Regional Pain Syndromes Type II),
2    Neurofibromatosis, Chronic Inflammatory Demyelinating
3    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
4    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
5    syndrome, residual limb pain, seizures (including those
6    characteristic of epilepsy), post-traumatic stress
7    disorder (PTSD), or the treatment of these conditions; or
8        (1.5) terminal illness with a diagnosis of 6 months or
9    less; if the terminal illness is not one of the qualifying
10    debilitating medical conditions, then the physician shall
11    on the certification form identify the cause of the
12    terminal illness; or
13        (2) any other debilitating medical condition or its
14    treatment that is added by the Department of Public Health
15    by rule as provided in Section 45.
16    (i) "Designated caregiver" means a person who: (1) is at
17least 21 years of age; (2) has agreed to assist with a
18patient's medical use of cannabis; (3) has not been convicted
19of an excluded offense; and (4) assists no more than one
20registered qualifying patient with his or her medical use of
22    (j) "Dispensing organization agent identification card"
23means a document issued by the Department of Financial and
24Professional Regulation that identifies a person as a medical
25cannabis dispensing organization agent.
26    (k) "Enclosed, locked facility" means a room, greenhouse,



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1building, or other enclosed area equipped with locks or other
2security devices that permit access only by a cultivation
3center's agents or a dispensing organization's agent working
4for the registered cultivation center or the registered
5dispensing organization to cultivate, store, and distribute
6cannabis for registered qualifying patients.
7    (l) "Excluded offense" for cultivation center agents and
8dispensing organizations means:
9        (1) a violent crime defined in Section 3 of the Rights
10    of Crime Victims and Witnesses Act or a substantially
11    similar offense that was classified as a felony in the
12    jurisdiction where the person was convicted; or
13        (2) a violation of a state or federal controlled
14    substance law, the Cannabis Control Act, or the
15    Methamphetamine Control and Community Protection Act that
16    was classified as a felony in the jurisdiction where the
17    person was convicted, except that the registering
18    Department may waive this restriction if the person
19    demonstrates to the registering Department's satisfaction
20    that his or her conviction was for the possession,
21    cultivation, transfer, or delivery of a reasonable amount
22    of cannabis intended for medical use. This exception does
23    not apply if the conviction was under state law and
24    involved a violation of an existing medical cannabis law.
25    For purposes of this subsection, the Department of Public
26Health shall determine by emergency rule within 30 days after



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1the effective date of this amendatory Act of the 99th General
2Assembly what constitutes a "reasonable amount".
3    (l-5) "Excluded offense" for a qualifying patient or
4designated caregiver means a violation of state or federal
5controlled substance law, the Cannabis Control Act, or the
6Methamphetamine and Community Protection Act that was
7classified as a felony in the jurisdiction where the person was
8convicted, except that the registering Department may waive
9this restriction if the person demonstrates to the registering
10Department's satisfaction that his or her conviction was for
11the possession, cultivation, transfer, or delivery of a
12reasonable amount of cannabis intended for medical use. This
13exception does not apply if the conviction was under state law
14and involved a violation of an existing medical cannabis law.
15For purposes of this subsection, the Department of Public
16Health shall determine by emergency rule within 30 days after
17the effective date of this amendatory Act of the 99th General
18Assembly what constitutes a "reasonable amount".
19    (m) "Medical cannabis cultivation center registration"
20means a registration issued by the Department of Agriculture.
21    (n) "Medical cannabis container" means a sealed,
22traceable, food compliant, tamper resistant, tamper evident
23container, or package used for the purpose of containment of
24medical cannabis from a cultivation center to a dispensing
26    (o) "Medical cannabis dispensing organization", or



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1"dispensing organization", or "dispensary organization" means
2a facility operated by an organization or business that is
3registered by the Department of Financial and Professional
4Regulation to acquire medical cannabis from a registered
5cultivation center for the purpose of dispensing cannabis,
6paraphernalia, or related supplies and educational materials
7to registered qualifying patients.
8    (p) "Medical cannabis dispensing organization agent" or
9"dispensing organization agent" means a principal officer,
10board member, employee, or agent of a registered medical
11cannabis dispensing organization who is 21 years of age or
12older and has not been convicted of an excluded offense.
13    (q) "Medical cannabis infused product" means food, oils,
14ointments, or other products containing usable cannabis that
15are not smoked.
16    (r) "Medical use" means the acquisition; administration;
17delivery; possession; transfer; transportation; or use of
18cannabis to treat or alleviate a registered qualifying
19patient's debilitating medical condition or symptoms
20associated with the patient's debilitating medical condition.
21    (s) "Physician" means a doctor of medicine or doctor of
22osteopathy licensed under the Medical Practice Act of 1987 to
23practice medicine and who has a controlled substances license
24under Article III of the Illinois Controlled Substances Act. It
25does not include a licensed practitioner under any other Act
26including but not limited to the Illinois Dental Practice Act.



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1    (t) "Qualifying patient" means a person who has been
2diagnosed by a physician as having a debilitating medical
4    (u) "Registered" means licensed, permitted, or otherwise
5certified by the Department of Agriculture, Department of
6Public Health, or Department of Financial and Professional
8    (v) "Registry identification card" means a document issued
9by the Department of Public Health that identifies a person as
10a registered qualifying patient or registered designated
12    (w) "Usable cannabis" means the seeds, leaves, buds, and
13flowers of the cannabis plant and any mixture or preparation
14thereof, but does not include the stalks, and roots of the
15plant. It does not include the weight of any non-cannabis
16ingredients combined with cannabis, such as ingredients added
17to prepare a topical administration, food, or drink.
18    (x) "Verification system" means a Web-based system
19established and maintained by the Department of Public Health
20that is available to the Department of Agriculture, the
21Department of Financial and Professional Regulation, law
22enforcement personnel, and registered medical cannabis
23dispensing organization agents on a 24-hour basis for the
24verification of registry identification cards, the tracking of
25delivery of medical cannabis to medical cannabis dispensing
26organizations, and the tracking of the date of sale, amount,



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1and price of medical cannabis purchased by a registered
2qualifying patient.
3    (y) "Written certification" means a document dated and
4signed by a physician, stating (1) that in the physician's
5professional opinion the patient is likely to receive
6therapeutic or palliative benefit from the medical use of
7cannabis to treat or alleviate the patient's debilitating
8medical condition or symptoms associated with the debilitating
9medical condition; (2) that the qualifying patient has a
10debilitating medical condition and specifying the debilitating
11medical condition the qualifying patient has; and (2) (3) that
12the patient is under the physician's care for the physician is
13treating or managing treatment of the patient's debilitating
14medical condition. A written certification shall be made only
15in the course of a bona fide physician-patient relationship,
16after the physician has completed an assessment of the
17qualifying patient's medical history, reviewed relevant
18records related to the patient's debilitating condition, and
19conducted a physical examination.
20    A veteran who has received treatment at a VA hospital shall
21be deemed to have a bona fide physician-patient relationship
22with a VA physician if the patient has been seen for his or her
23debilitating medical condition at the VA Hospital in accordance
24with VA Hospital protocols.
25    A bona fide physician-patient relationship under this
26subsection is a privileged communication within the meaning of



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1Section 8-802 of the Code of Civil Procedure.
2(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
3    (410 ILCS 130/15)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 15. Authority.
6    (a) It is the duty of the Department of Public Health to
7enforce the following provisions of this Act unless otherwise
8provided for by this Act:
9        (1) establish and maintain a confidential registry of
10    qualifying patients authorized to engage in the medical use
11    of cannabis and their caregivers;
12        (2) distribute educational materials about the health
13    benefits and risks associated with the use abuse of
14    cannabis and prescription medications;
15        (3) adopt rules to administer the patient and caregiver
16    registration program; and
17        (4) adopt rules establishing food handling
18    requirements for cannabis-infused products that are
19    prepared for human consumption.
20    (b) It is the duty of the Department of Agriculture to
21enforce the provisions of this Act relating to the registration
22and oversight of cultivation centers unless otherwise provided
23for in this Act.
24    (c) It is the duty of the Department of Financial and
25Professional Regulation to enforce the provisions of this Act



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1relating to the registration and oversight of dispensing
2organizations unless otherwise provided for in this Act.
3    (d) The Department of Public Health, the Department of
4Agriculture, or the Department of Financial and Professional
5Regulation shall enter into intergovernmental agreements, as
6necessary, to carry out the provisions of this Act including,
7but not limited to, the provisions relating to the registration
8and oversight of cultivation centers, dispensing
9organizations, and qualifying patients and caregivers.
10    (e) The Department of Public Health, Department of
11Agriculture, or the Department of Financial and Professional
12Regulation may suspend, revoke, or impose other penalties upon
13a registration for violations of this Act and any rules adopted
14in accordance thereto. The suspension or revocation of, or
15imposition of any other penalty upon, a registration is a final
16Agency action, subject to judicial review. Jurisdiction and
17venue for judicial review are vested in the Circuit Court.
18(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
19    (410 ILCS 130/35)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 35. Physician requirements.
22    (a) A physician who certifies a debilitating medical
23condition for a qualifying patient shall comply with all of the
24following requirements:
25        (1) The Physician shall be currently licensed under the



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1    Medical Practice Act of 1987 to practice medicine in all
2    its branches and in good standing, and must hold a
3    controlled substances license under Article III of the
4    Illinois Controlled Substances Act.
5        (2) A physician certifying a patient's condition
6    making a medical cannabis recommendation shall comply with
7    generally accepted standards of medical practice, the
8    provisions of the Medical Practice Act of 1987 and all
9    applicable rules.
10        (3) The physical examination required by this Act may
11    not be performed by remote means, including telemedicine.
12        (4) The physician shall maintain a record-keeping
13    system for all patients for whom the physician has
14    certified the patient's medical condition recommended the
15    medical use of cannabis. These records shall be accessible
16    to and subject to review by the Department of Public Health
17    and the Department of Financial and Professional
18    Regulation upon request.
19    (b) A physician may not:
20        (1) accept, solicit, or offer any form of remuneration
21    from or to a qualifying patient, primary caregiver,
22    cultivation center, or dispensing organization, including
23    each principal officer, board member, agent, and employee,
24    to certify a patient, other than accepting payment from a
25    patient for the fee associated with the required
26    examination;



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1        (2) offer a discount of any other item of value to a
2    qualifying patient who uses or agrees to use a particular
3    primary caregiver or dispensing organization to obtain
4    medical cannabis;
5        (3) conduct a personal physical examination of a
6    patient for purposes of diagnosing a debilitating medical
7    condition at a location where medical cannabis is sold or
8    distributed or at the address of a principal officer,
9    agent, or employee or a medical cannabis organization;
10        (4) hold a direct or indirect economic interest in a
11    cultivation center or dispensing organization if he or she
12    recommends the use of medical cannabis to qualified
13    patients or is in a partnership or other fee or
14    profit-sharing relationship with a physician who
15    recommends medical cannabis, except for the limited
16    purpose of performing a medical cannabis related research
17    study;
18        (5) serve on the board of directors or as an employee
19    of a cultivation center or dispensing organization;
20        (6) refer patients to a cultivation center, a
21    dispensing organization, or a registered designated
22    caregiver; or
23        (7) advertise in a cultivation center or a dispensing
24    organization.
25    (c) The Department of Public Health may with reasonable
26cause refer a physician, who has certified a debilitating



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1medical condition of a patient, to the Illinois Department of
2Financial and Professional Regulation for potential violations
3of this Section.
4    (d) Any violation of this Section or any other provision of
5this Act or rules adopted under this Act is a violation of the
6Medical Practice Act of 1987.
7(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
8    (410 ILCS 130/45)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 45. Addition of debilitating medical conditions.
11    (a) Any resident citizen may petition the Department of
12Public Health to add debilitating conditions or treatments to
13the list of debilitating medical conditions listed in
14subsection (h) of Section 10. The Department of Public Health
15shall consider petitions in the manner required by Department
16rule, including public notice and hearing. The Department shall
17approve or deny a petition within 180 days of its submission,
18and, upon approval, shall proceed to add that condition by rule
19in accordance with the Administrative Procedure Act. The
20approval or denial of any petition is a final decision of the
21Department, subject to judicial review. Jurisdiction and venue
22are vested in the Circuit Court.
23    (b) The Department shall accept petitions once annually for
24a one-month period determined by the Department. During the
25open period, the Department shall accept petitions from any



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1resident requesting the addition of a new debilitating medical
2condition or disease to the list of approved debilitating
3medical conditions for which the use of cannabis has been shown
4to have a therapeutic or palliative effect. The Department
5shall provide public notice 30 days before the open period for
6accepting petitions, which shall describe the time period for
7submission, the required format of the submission, and the
8submission address.
9    (c) Each petition shall be limited to one proposed
10debilitating medical condition or disease.
11    (d) A petitioner shall file one original petition in the
12format provided by the Department and in the manner specified
13by the Department. For a petition to be processed and reviewed,
14the following information shall be included:
15        (1) The petition, prepared on forms provided by the
16    Department, in the manner specified by the Department.
17        (2) A specific description of the medical condition or
18    disease that is the subject of the petition. Each petition
19    shall be limited to a single condition or disease.
20    Information about the proposed condition or disease shall
21    include:
22            (A) the extent to which the condition or disease
23        itself or the treatments cause severe suffering, such
24        as severe or chronic pain, severe nausea or vomiting,
25        or otherwise severely impair a person's ability to
26        conduct activities of daily living;



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1            (B) information about why conventional medical
2        therapies are not sufficient to alleviate the
3        suffering caused by the disease or condition and its
4        treatment;
5            (C) the proposed benefits from the medical use of
6        cannabis specific to the medical condition or disease;
7            (D) evidence from the medical community and other
8        experts supporting the use of medical cannabis to
9        alleviate suffering caused by the condition, disease,
10        or treatment;
11            (E) letters of support from physicians or other
12        licensed health care providers knowledgeable about the
13        condition or disease, including, if feasible, a letter
14        from a physician with whom the petitioner has a bona
15        fide physician-patient relationship;
16            (F) any additional medical, testimonial, or
17        scientific documentation; and
18            (G) an electronic copy of all materials submitted.
19        (3) Upon receipt of a petition, the Department shall:
20            (A) determine whether the petition meets the
21        standards for submission and, if so, shall accept the
22        petition for further review; or
23            (B) determine whether the petition does not meet
24        the standards for submission and, if so, shall deny the
25        petition without further review.
26        (4) If the petition does not fulfill the standards for



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1    submission, the petition shall be considered deficient.
2    The Department shall notify the petitioner, who may correct
3    any deficiencies and resubmit the petition during the next
4    open period.
5    (e) The petitioner may withdraw his or her petition by
6submitting a written statement to the Department indicating
8    (f) Upon review of accepted petitions, the Director shall
9render a final decision regarding the acceptance or denial of
10the proposed debilitating medical conditions or diseases.
11    (g) The Department shall convene a Medical Cannabis
12Advisory Board (Advisory Board) composed of 16 members, which
13shall include:
14        (1) one medical cannabis patient advocate or
15    designated caregiver;
16        (2) one parent or designated caregiver of a person
17    under the age of 18 who is a qualified medical cannabis
18    patient;
19        (3) two registered nurses or nurse practitioners;
20        (4) three registered qualifying patients, including
21    one veteran; and
22        (5) nine health care practitioners with current
23    professional licensure in their field. The Advisory Board
24    shall be composed of health care practitioners
25    representing the following areas:
26            (A) neurology;



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1            (B) pain management;
2            (C) medical oncology;
3            (D) psychiatry or mental health;
4            (E) infectious disease;
5            (F) family medicine;
6            (G) general primary care;
7            (H) medical ethics;
8            (I) pharmacy;
9            (J) pediatrics; or
10            (K) psychiatry or mental health for children or
11        adolescents.
12    At least one appointed health care practitioner shall have
13direct experience related to the health care needs of veterans
14and at least one individual shall have pediatric experience.
15    (h) Members of the Advisory Board shall be appointed by the
17        (1) Members shall serve a term of 4 years or until a
18    successor is appointed and qualified. If a vacancy occurs,
19    the Governor shall appoint a replacement to complete the
20    original term created by the vacancy.
21        (2) The Governor shall select a chairperson.
22        (3) Members may serve multiple terms.
23        (4) Members shall not have an affiliation with, serve
24    on the board of, or have a business relationship with a
25    registered cultivation center or a registered medical
26    cannabis dispensary.



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1        (5) Members shall disclose any real or apparent
2    conflicts of interest that may have a direct bearing of the
3    subject matter, such as relationships with pharmaceutical
4    companies, biomedical device manufacturers, or
5    corporations whose products or services are related to the
6    medical condition or disease to be reviewed.
7        (6) Members shall not be paid but shall be reimbursed
8    for travel expenses incurred while fulfilling the
9    responsibilities of the Advisory Board.
10    (i) On the effective date of this amendatory Act of the
1199th General Assembly, the terms of office of the members of
12the Advisory Board serving on that effective date shall
13terminate and the Board shall be reconstituted.
14    (j) The Advisory Board shall convene at the call of the
16        (1) to examine debilitating conditions or diseases
17    that would benefit from the medical use of cannabis; and
18        (2) to review new medical and scientific evidence
19    pertaining to currently approved conditions.
20    (k) The Advisory Board shall issue an annual report of its
21activities each year.
22    (l) The Advisory Board shall receive administrative
23support from the Department.
24(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
25    (410 ILCS 130/57 new)



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1    Sec. 57. Qualifying patients under 18. Qualifying patients
2that are under the age of 18 years shall not be prohibited from
3having 2 designated caregivers as follows: if both biological
4parents or 2 legal guardians of a qualifying patient under 18
5both have significant decision-making responsibilities over
6the qualifying patient, then both may serve as a designated
7caregiver if they otherwise meet the definition of "designated
8caregiver" under Section 10; however, if only one biological
9parent or legal guardian has significant decision-making
10responsibilities for the qualifying patient under 18, then he
11or she may appoint a second designated caregiver who meets the
12definition of "designated caregiver" under Section 10.
13    (410 ILCS 130/60)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 60. Issuance of registry identification cards.
16    (a) Except as provided in subsection (b), the Department of
17Public Health shall:
18        (1) verify the information contained in an application
19    or renewal for a registry identification card submitted
20    under this Act, and approve or deny an application or
21    renewal, within 30 days of receiving a completed
22    application or renewal application and all supporting
23    documentation specified in Section 55;
24        (2) issue registry identification cards to a
25    qualifying patient and his or her designated caregiver, if



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1    any, within 15 business days of approving the application
2    or renewal;
3        (3) enter the registry identification number of the
4    registered dispensing organization the patient designates
5    into the verification system; and
6        (4) allow for an electronic application process, and
7    provide a confirmation by electronic or other methods that
8    an application has been submitted.
9    (b) The Department of Public Health may not issue a
10registry identification card to a qualifying patient who is
11under 18 years of age, unless that patient suffers from
12seizures, including those characteristic of epilepsy, or as
13provided by administrative rule. The Department of Public
14Health shall adopt rules for the issuance of a registry
15identification card for qualifying patients who are under 18
16years of age and suffering from seizures, including those
17characteristic of epilepsy. The Department of Public Health may
18adopt rules to allow other individuals under 18 years of age to
19become registered qualifying patients under this Act with the
20consent of a parent or legal guardian. Registered qualifying
21patients under 18 years of age shall be prohibited from
22consuming forms of cannabis other than medical cannabis infused
23products and purchasing any usable cannabis.
24    (c) A veteran who has received treatment at a VA hospital
25is deemed to have a bona fide physician-patient relationship
26with a VA physician if the patient has been seen for his or her



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1debilitating medical condition at the VA hospital in accordance
2with VA hospital protocols. All reasonable inferences
3regarding the existence of a bona fide physician-patient
4relationship shall be drawn in favor of an applicant who is a
5veteran and has undergone treatment at a VA hospital.
6    (c-10) An individual who submits an application as someone
7who is terminally ill shall have all fees and fingerprinting
8requirements waived. The Department of Public Health shall
9within 30 days after this amendatory Act of the 99th General
10Assembly adopt emergency rules to expedite approval for
11terminally ill individuals. These rules shall include, but not
12be limited to, rules that provide that applications by
13individuals with terminal illnesses shall be approved or denied
14within 14 days of their submission.
15    (d) Upon the approval of the registration and issuance of a
16registry card under this Section, the Department of Public
17Health shall forward the designated caregiver or registered
18qualified patient's driver's registration number to the
19Secretary of State and certify that the individual is permitted
20to engage in the medical use of cannabis. For the purposes of
21law enforcement, the Secretary of State shall make a notation
22on the person's driving record stating the person is a
23registered qualifying patient who is entitled to the lawful
24medical use of cannabis. If the person no longer holds a valid
25registry card, the Department shall notify the Secretary of
26State and the Secretary of State shall remove the notation from



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1the person's driving record. The Department and the Secretary
2of State may establish a system by which the information may be
3shared electronically.
4    (e) Upon the approval of the registration and issuance of a
5registry card under this Section, the Department of Public
6Health shall electronically forward the registered qualifying
7patient's identification card information to the Prescription
8Monitoring Program established under the Illinois Controlled
9Substances Act and certify that the individual is permitted to
10engage in the medical use of cannabis. For the purposes of
11patient care, the Prescription Monitoring Program shall make a
12notation on the person's prescription record stating that the
13person is a registered qualifying patient who is entitled to
14the lawful medical use of cannabis. If the person no longer
15holds a valid registry card, the Department of Public Health
16shall notify the Prescription Monitoring Program and
17Department of Human Services to remove the notation from the
18person's record. The Department of Human Services and the
19Prescription Monitoring Program shall establish a system by
20which the information may be shared electronically. This
21confidential list may not be combined or linked in any manner
22with any other list or database except as provided in this
24    (f) All applicants for a registry card shall be
25fingerprinted as part of the application process if they are a
26first-time applicant, if their registry card has already



09900SB0010ham003- 27 -LRB099 04220 RPS 49358 a

1expired, or if they previously have had their registry card
2revoked or otherwise denied. At renewal, cardholders whose
3registry cards have not yet expired, been revoked, or otherwise
4denied shall not be subject to fingerprinting. Registry cards
5shall be revoked by the Department of Public Health if the
6Department of Public Health is notified by the Secretary of
7State that a cardholder has been convicted of an excluded
8offense. For purposes of enforcing this subsection, the
9Department of Public Health and Secretary of State shall
10establish a system by which violations reported to the
11Secretary of State under paragraph 18 of subsection (a) of
12Section 6-205 of the Illinois Vehicle Code shall be shared with
13the Department of Public Health.
14(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
15    (410 ILCS 130/70)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 70. Registry identification cards.
18    (a) A registered qualifying patient or designated
19caregiver must keep their registry identification card in his
20or her possession at all times when engaging in the medical use
21of cannabis.
22    (b) Registry identification cards shall contain the
24        (1) the name of the cardholder;
25        (2) a designation of whether the cardholder is a



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1    designated caregiver or qualifying patient;
2        (3) the date of issuance and expiration date of the
3    registry identification card;
4        (4) a random alphanumeric identification number that
5    is unique to the cardholder;
6        (5) if the cardholder is a designated caregiver, the
7    random alphanumeric identification number of the
8    registered qualifying patient the designated caregiver is
9    receiving the registry identification card to assist; and
10        (6) a photograph of the cardholder, if required by
11    Department of Public Health rules.
12    (c) To maintain a valid registration identification card, a
13registered qualifying patient and caregiver must annually
14resubmit, at least 45 days prior to the expiration date stated
15on the registry identification card, a completed renewal
16application, renewal fee, and accompanying documentation as
17described in Department of Public Health rules. The Department
18of Public Health shall send a notification to a registered
19qualifying patient or registered designated caregiver 90 days
20prior to the expiration of the registered qualifying patient's
21or registered designated caregiver's identification card. If
22the Department of Public Health fails to grant or deny a
23renewal application received in accordance with this Section,
24then the renewal is deemed granted and the registered
25qualifying patient or registered designated caregiver may
26continue to use the expired identification card until the



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1Department of Public Health denies the renewal or issues a new
2identification card.
3    (d) Except as otherwise provided in this Section, the
4expiration date is 3 years one year after the date of issuance.
5    (e) The Department of Public Health may electronically
6store in the card any or all of the information listed in
7subsection (b), along with the address and date of birth of the
8cardholder and the qualifying patient's designated dispensary
9organization, to allow it to be read by law enforcement agents.
10(Source: P.A. 98-122, eff. 1-1-14.)
11    (410 ILCS 130/75)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 75. Notifications to Department of Public Health and
14responses; civil penalty.
15    (a) The following notifications and Department of Public
16Health responses are required:
17        (1) A registered qualifying patient shall notify the
18    Department of Public Health of any change in his or her
19    name or address, or if the registered qualifying patient
20    ceases to have his or her debilitating medical condition,
21    within 10 days of the change.
22        (2) A registered designated caregiver shall notify the
23    Department of Public Health of any change in his or her
24    name or address, or if the designated caregiver becomes
25    aware the registered qualifying patient passed away,



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1    within 10 days of the change.
2        (3) Before a registered qualifying patient changes his
3    or her designated caregiver, the qualifying patient must
4    notify the Department of Public Health.
5        (4) If a cardholder loses his or her registry
6    identification card, he or she shall notify the Department
7    within 10 days of becoming aware the card has been lost.
8    (b) When a cardholder notifies the Department of Public
9Health of items listed in subsection (a), but remains eligible
10under this Act, the Department of Public Health shall issue the
11cardholder a new registry identification card with a new random
12alphanumeric identification number within 15 business days of
13receiving the updated information and a fee as specified in
14Department of Public Health rules. If the person notifying the
15Department of Public Health is a registered qualifying patient,
16the Department shall also issue his or her registered
17designated caregiver, if any, a new registry identification
18card within 15 business days of receiving the updated
20    (c) If a registered qualifying patient ceases to be a
21registered qualifying patient or changes his or her registered
22designated caregiver, the Department of Public Health shall
23promptly notify the designated caregiver. The registered
24designated caregiver's protections under this Act as to that
25qualifying patient shall expire 15 days after notification by
26the Department.



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1    (d) A cardholder who fails to make a notification to the
2Department of Public Health that is required by this Section is
3subject to a civil infraction, punishable by a penalty of no
4more than $150.
5    (e) A registered qualifying patient shall notify the
6Department of Public Health of any change to his or her
7designated registered dispensing organization. Registered
8dispensing organizations must comply with all requirements of
9this Act.
10    (f) If the registered qualifying patient's certifying
11physician notifies the Department in writing that either the
12registered qualifying patient has ceased to suffer from a
13debilitating medical condition or that the physician no longer
14believes the patient would receive therapeutic or palliative
15benefit from the medical use of cannabis, the card shall become
16null and void. However, the registered qualifying patient shall
17have 15 days to destroy his or her remaining medical cannabis
18and related paraphernalia.
19(Source: P.A. 98-122, eff. 1-1-14.)
20    (410 ILCS 130/220)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 220. Repeal of Act. This Act is repealed on July 1,
232020 4 years after the effective date of this Act.
24(Source: P.A. 98-122, eff. 1-1-14.)



09900SB0010ham003- 32 -LRB099 04220 RPS 49358 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".