Sen. William R. Haine

Filed: 5/23/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 346 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 10, 25, 35, 50, 55,
660, 75, and 220 and by adding Section 74 as follows:
7    (410 ILCS 130/10)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 10. Definitions. The following terms, as used in this
10Act, shall have the meanings set forth in this Section:
11    (a) "Adequate supply" means:
12        (1) 2.5 ounces of usable cannabis during a period of 14
13    days and that is derived solely from an intrastate source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a physician
16    provides a substantial medical basis in a signed, written



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



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



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1    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
2    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
3    (Complex Regional Pain Syndromes Type II),
4    Neurofibromatosis, Chronic Inflammatory Demyelinating
5    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
6    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
7    syndrome, residual limb pain, seizures (including those
8    characteristic of epilepsy), or the treatment of these
9    conditions; or
10        (2) any other debilitating medical condition or its
11    treatment that is added by the Department of Public Health
12    by rule as provided in Section 45.
13    (i) "Designated caregiver" means a person who: (1) is at
14least 21 years of age; (2) has agreed to assist with a
15patient's medical use of cannabis; (3) has not been convicted
16of an excluded offense; and (4) assists no more than one
17registered qualifying patient with his or her medical use of
19    (j) "Dispensing organization agent identification card"
20means a document issued by the Department of Financial and
21Professional Regulation that identifies a person as a medical
22cannabis dispensing organization agent.
23    (k) "Enclosed, locked facility" means a room, greenhouse,
24building, or other enclosed area equipped with locks or other
25security devices that permit access only by a cultivation
26center's agents or a dispensing organization's agent working



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1for the registered cultivation center or the registered
2dispensing organization to cultivate, store, and distribute
3cannabis for registered qualifying patients.
4    (l) "Excluded offense" means:
5        (1) a violent crime defined in Section 3 of the Rights
6    of Crime Victims and Witnesses Act or a substantially
7    similar offense that was classified as a felony in the
8    jurisdiction where the person was convicted; or
9        (2) a violation of a state or federal controlled
10    substance law that was classified as a felony in the
11    jurisdiction where the person was convicted, except that
12    the registering Department may waive this restriction if
13    the person demonstrates to the registering Department's
14    satisfaction that his or her conviction was for the
15    possession, cultivation, transfer, or delivery of a
16    reasonable amount of cannabis intended for medical use.
17    This exception does not apply if the conviction was under
18    state law and involved a violation of an existing medical
19    cannabis law.
20    (m) "Medical cannabis cultivation center registration"
21means a registration issued by the Department of Agriculture.
22    (n) "Medical cannabis container" means a sealed,
23traceable, food compliant, tamper resistant, tamper evident
24container, or package used for the purpose of containment of
25medical cannabis from a cultivation center to a dispensing



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



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1including but not limited to the Illinois Dental Practice Act.
2    (t) "Qualifying patient" means a person who has been
3diagnosed by a physician as having a debilitating medical
5    (u) "Registered" means licensed, permitted, or otherwise
6certified by the Department of Agriculture, Department of
7Public Health, or Department of Financial and Professional
9    (v) "Registry identification card" means a document issued
10by the Department of Public Health that identifies a person as
11a registered qualifying patient or registered designated
13    (w) "Usable cannabis" means the seeds, leaves, buds, and
14flowers of the cannabis plant and any mixture or preparation
15thereof, but does not include the stalks, and roots of the
16plant. It does not include the weight of any non-cannabis
17ingredients combined with cannabis, such as ingredients added
18to prepare a topical administration, food, or drink.
19    (x) "Verification system" means a Web-based system
20established and maintained by the Department of Public Health
21that is available to the Department of Agriculture, the
22Department of Financial and Professional Regulation, law
23enforcement personnel, and registered medical cannabis
24dispensing organization agents on a 24-hour basis for the
25verification of registry identification cards, the tracking of
26delivery of medical cannabis to medical cannabis dispensing



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



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1subsection is a privileged communication within the meaning of
2Section 8-802 of the Code of Civil Procedure.
3(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
4    (410 ILCS 130/35)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 35. Physician requirements.
7    (a) A physician who certifies a debilitating medical
8condition for a qualifying patient shall comply with all of the
9following requirements:
10        (1) The Physician shall be currently licensed under the
11    Medical Practice Act of 1987 to practice medicine in all
12    its branches and in good standing, and must hold a
13    controlled substances license under Article III of the
14    Illinois Controlled Substances Act.
15        (2) A physician certifying a patient's condition
16    making a medical cannabis recommendation shall comply with
17    generally accepted standards of medical practice, the
18    provisions of the Medical Practice Act of 1987 and all
19    applicable rules.
20        (3) The physical examination required by this Act may
21    not be performed by remote means, including telemedicine.
22        (4) The physician shall maintain a record-keeping
23    system for all patients for whom the physician has
24    certified the patient's medical condition recommended the
25    medical use of cannabis. These records shall be accessible



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1    to and subject to review by the Department of Public Health
2    and the Department of Financial and Professional
3    Regulation upon request.
4    (b) A physician may not:
5        (1) accept, solicit, or offer any form of remuneration
6    from or to a qualifying patient, primary caregiver,
7    cultivation center, or dispensing organization, including
8    each principal officer, board member, agent, and employee,
9    to certify a patient, other than accepting payment from a
10    patient for the fee associated with the required
11    examination;
12        (2) offer a discount of any other item of value to a
13    qualifying patient who uses or agrees to use a particular
14    primary caregiver or dispensing organization to obtain
15    medical cannabis;
16        (3) conduct a personal physical examination of a
17    patient for purposes of diagnosing a debilitating medical
18    condition at a location where medical cannabis is sold or
19    distributed or at the address of a principal officer,
20    agent, or employee or a medical cannabis organization;
21        (4) hold a direct or indirect economic interest in a
22    cultivation center or dispensing organization if he or she
23    recommends the use of medical cannabis to qualified
24    patients or is in a partnership or other fee or
25    profit-sharing relationship with a physician who
26    recommends medical cannabis, except for the limited



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1    purpose of performing a medical cannabis related research
2    study;
3        (5) serve on the board of directors or as an employee
4    of a cultivation center or dispensing organization;
5        (6) refer patients to a cultivation center, a
6    dispensing organization, or a registered designated
7    caregiver; or
8        (7) advertise in a cultivation center or a dispensing
9    organization.
10    (c) The Department of Public Health may with reasonable
11cause refer a physician, who has certified a debilitating
12medical condition of a patient, to the Illinois Department of
13Financial and Professional Regulation for potential violations
14of this Section.
15    (d) Any violation of this Section or any other provision of
16this Act or rules adopted under this Act is a violation of the
17Medical Practice Act of 1987.
18(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
19    (410 ILCS 130/60)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 60. Issuance of registry identification cards.
22    (a) Except as provided in subsection (b), the Department of
23Public Health shall:
24        (1) verify the information contained in an application
25    or renewal for a registry identification card submitted



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1    under this Act, and approve or deny an application or
2    renewal, within 30 days of receiving a completed
3    application or renewal application and all supporting
4    documentation specified in Section 55;
5        (2) issue registry identification cards to a
6    qualifying patient and his or her designated caregiver, if
7    any, within 15 business days of approving the application
8    or renewal;
9        (3) enter the registry identification number of the
10    registered dispensing organization the patient designates
11    into the verification system; and
12        (4) allow for an electronic application process, and
13    provide a confirmation by electronic or other methods that
14    an application has been submitted.
15    (b) The Department of Public Health may not issue a
16registry identification card to a qualifying patient who is
17under 18 years of age, unless that patient suffers from
18seizures, including those characteristic of epilepsy, or as
19provided by administrative rule. The Department of Public
20Health shall adopt rules for the issuance of a registry
21identification card for qualifying patients who are under 18
22years of age and suffering from seizures, including those
23characteristic of epilepsy. The Department of Public Health may
24adopt rules to allow other individuals under 18 years of age to
25become registered qualifying patients under this Act with the
26consent of a parent or legal guardian. Registered qualifying



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1patients under 18 years of age shall be prohibited from
2consuming forms of cannabis other than medical cannabis infused
3products and purchasing any usable cannabis.
4    (c) A veteran who has received treatment at a VA hospital
5is deemed to have a bona fide physician-patient relationship
6with a VA physician if the patient has been seen for his or her
7debilitating medical condition at the VA hospital in accordance
8with VA hospital protocols. All reasonable inferences
9regarding the existence of a bona fide physician-patient
10relationship shall be drawn in favor of an applicant who is a
11veteran and has undergone treatment at a VA hospital.
12    (d) Upon the approval of the registration and issuance of a
13registry card under this Section, the Department of Public
14Health shall forward the designated caregiver or registered
15qualified patient's driver's registration number to the
16Secretary of State and certify that the individual is permitted
17to engage in the medical use of cannabis. For the purposes of
18law enforcement, the Secretary of State shall make a notation
19on the person's driving record stating the person is a
20registered qualifying patient who is entitled to the lawful
21medical use of cannabis. If the person no longer holds a valid
22registry card, the Department shall notify the Secretary of
23State and the Secretary of State shall remove the notation from
24the person's driving record. The Department and the Secretary
25of State may establish a system by which the information may be
26shared electronically.



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1    (e) Upon the approval of the registration and issuance of a
2registry card under this Section, the Department of Public
3Health shall electronically forward the registered qualifying
4patient's identification card information to the Prescription
5Monitoring Program established under the Illinois Controlled
6Substances Act and certify that the individual is permitted to
7engage in the medical use of cannabis. For the purposes of
8patient care, the Prescription Monitoring Program shall make a
9notation on the person's prescription record stating that the
10person is a registered qualifying patient who is entitled to
11the lawful medical use of cannabis. If the person no longer
12holds a valid registry card, the Department of Public Health
13shall notify the Prescription Monitoring Program and
14Department of Human Services to remove the notation from the
15person's record. The Department of Human Services and the
16Prescription Monitoring Program shall establish a system by
17which the information may be shared electronically. This
18confidential list may not be combined or linked in any manner
19with any other list or database except as provided in this
21(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
22    (410 ILCS 130/74 new)
23    Sec. 74. Posting of patient information on the use of
24medical cannabis. The Department of Public Health shall post
25on its website information available from other State public



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1health departments or other sources on the proper use of
2medical cannabis. This information shall include at a minimum
3any available information on the risks and benefits of cannabis
4use for medical conditions. Each licensed dispensary shall post
5on its websites information available from State public health
6departments or other sources on the proper use of medical
7cannabis. This information shall include at a minimum any
8available information on the risks and benefits of cannabis use
9for medical conditions.
10    (410 ILCS 130/75)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 75. Notifications to Department of Public Health and
13responses; civil penalty.
14    (a) The following notifications and Department of Public
15Health responses are required:
16        (1) A registered qualifying patient shall notify the
17    Department of Public Health of any change in his or her
18    name or address, or if the registered qualifying patient
19    ceases to have his or her debilitating medical condition,
20    within 10 days of the change.
21        (2) A registered designated caregiver shall notify the
22    Department of Public Health of any change in his or her
23    name or address, or if the designated caregiver becomes
24    aware the registered qualifying patient passed away,
25    within 10 days of the change.



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



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1Department of Public Health that is required by this Section is
2subject to a civil infraction, punishable by a penalty of no
3more than $150.
4    (e) A registered qualifying patient shall notify the
5Department of Public Health of any change to his or her
6designated registered dispensing organization. Registered
7dispensing organizations must comply with all requirements of
8this Act.
9    (f) If the registered qualifying patient's certifying
10physician notifies the Department in writing that either the
11registered qualifying patient has ceased to suffer from a
12debilitating medical condition or that the physician no longer
13believes the patient would receive therapeutic or palliative
14benefit from the medical use of cannabis, the card shall become
15null and void. However, the registered qualifying patient shall
16have 15 days to destroy his or her remaining medical cannabis
17and related paraphernalia.
18(Source: P.A. 98-122, eff. 1-1-14.)
19    (410 ILCS 130/220)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 220. Repeal of Act. This Act is repealed on July 1,
222020 4 years after the effective date of this Act.
23(Source: P.A. 98-122, eff. 1-1-14.)
24    Section 99. Effective date. This Act takes effect upon



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1becoming law.".