SB0455enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
522-33 as follows:
 
6    (105 ILCS 5/22-33)
7    Sec. 22-33. Medical cannabis.
8    (a) This Section may be referred to as Ashley's Law.
9    (a-5) In this Section:
10    "Designated , "designated caregiver", "medical cannabis
11infused product", "qualifying patient", and "registered" have
12the meanings given to those terms under Section 10 of the
13Compassionate Use of Medical Cannabis Pilot Program Act.
14    "Self-administration" means a student's discretionary use
15of his or her medical cannabis infused product.
16    (b) Subject to the restrictions under subsections (c)
17through (g) of this Section, a school district, public school,
18charter school, or nonpublic school shall authorize a parent or
19guardian or any other individual registered with the Department
20of Public Health as a designated caregiver of a student who is
21a registered qualifying patient to administer a medical
22cannabis infused product to the student on the premises of the
23child's school or on the child's school bus if both the student

 

 

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1(as a registered qualifying patient) and the parent or guardian
2or other individual (as a registered designated caregiver) have
3been issued registry identification cards under the
4Compassionate Use of Medical Cannabis Pilot Program Act. After
5administering the product, the parent or guardian or other
6individual shall remove the product from the school premises or
7the school bus.
8    (b-5) Notwithstanding subsection (b) and subject to the
9restrictions under subsections (c) through (g), a school
10district, public school, charter school, or nonpublic school
11must allow a school nurse or school administrator to administer
12a medical cannabis infused product to a student who is a
13registered qualifying patient (i) while on school premises,
14(ii) while at a school-sponsored activity, or (iii) before or
15after normal school activities, including while the student is
16in before-school or after-school care on school-operated
17property or while the student is being transported on a school
18bus. A school district, public school, charter school, or
19nonpublic school may authorize the self-administration of a
20medical cannabis infused product by a student who is a
21registered qualifying patient if the self-administration takes
22place under the direct supervision of a school nurse or school
23administrator.
24    Before allowing the administration of a medical cannabis
25infused product by a school nurse or school administrator or a
26student's self-administration of a medical cannabis infused

 

 

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1product under the supervision of a school nurse or school
2administrator under this subsection, the parent or guardian of
3a student who is the registered qualifying patient must provide
4written authorization for its use, along with a copy of the
5registry identification card of the student (as a registered
6qualifying patient) and the parent or guardian (as a registered
7designated caregiver). The written authorization must specify
8the times where or the special circumstances under which the
9medical cannabis infused product must be administered. The
10written authorization and a copy of the registry identification
11cards must be kept on file in the office of the school nurse.
12The authorization for a student to self-administer medical
13cannabis infused products is effective for the school year in
14which it is granted and must be renewed each subsequent school
15year upon fulfillment of the requirements of this Section.
16    (b-10) Medical cannabis infused products that are to be
17administered under subsection (b-5) must be stored with the
18school nurse at all times in a manner consistent with storage
19of other student medication at the school and may be accessible
20only by the school nurse or a school administrator.
21    (c) A parent or guardian or other individual may not
22administer a medical cannabis infused product under this
23Section in a manner that, in the opinion of the school district
24or school, would create a disruption to the school's
25educational environment or would cause exposure of the product
26to other students.

 

 

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1    (d) A school district or school may not discipline a
2student who is administered a medical cannabis infused product
3by a parent or guardian or other individual under this Section
4or who self-administers a medical cannabis infused product
5under the supervision of a school nurse or school administrator
6under this Section and may not deny the student's eligibility
7to attend school solely because the student requires the
8administration of the product.
9    (e) Nothing in this Section requires a member of a school's
10staff to administer a medical cannabis infused product to a
11student.
12    (f) A school district, public school, charter school, or
13nonpublic school may not authorize the use of a medical
14cannabis infused product under this Section if the school
15district or school would lose federal funding as a result of
16the authorization.
17    (f-5) The State Board of Education, in consultation with
18the Department of Public Health, must develop a training
19curriculum for school nurses and school administrators on the
20administration of medical cannabis infused products. Prior to
21the administration of a medical cannabis infused product under
22subsection (b-5), a school nurse or school administrator must
23annually complete the training curriculum developed under this
24subsection and must submit to the school's administration proof
25of its completion. A school district, public school, charter
26school, or nonpublic school must maintain records related to

 

 

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1the training curriculum and of the school nurses or school
2administrators who have completed the training.
3    (g) A school district, public school, charter school, or
4nonpublic school shall adopt a policy to implement this
5Section.
6(Source: P.A. 100-660, eff. 8-1-18.)
 
7    Section 10. The Compassionate Use of Medical Cannabis Pilot
8Program Act is amended by changing Section 25 as follows:
 
9    (410 ILCS 130/25)
10    (Section scheduled to be repealed on July 1, 2020)
11    Sec. 25. Immunities and presumptions related to the medical
12use of cannabis.
13    (a) A registered qualifying patient is not subject to
14arrest, prosecution, or denial of any right or privilege,
15including but not limited to civil penalty or disciplinary
16action by an occupational or professional licensing board, for
17the medical use of cannabis in accordance with this Act, if the
18registered qualifying patient possesses an amount of cannabis
19that does not exceed an adequate supply as defined in
20subsection (a) of Section 10 of this Act of usable cannabis
21and, where the registered qualifying patient is a licensed
22professional, the use of cannabis does not impair that licensed
23professional when he or she is engaged in the practice of the
24profession for which he or she is licensed.

 

 

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1    (b) A registered designated caregiver is not subject to
2arrest, prosecution, or denial of any right or privilege,
3including but not limited to civil penalty or disciplinary
4action by an occupational or professional licensing board, for
5acting in accordance with this Act to assist a registered
6qualifying patient to whom he or she is connected through the
7Department's registration process with the medical use of
8cannabis if the designated caregiver possesses an amount of
9cannabis that does not exceed an adequate supply as defined in
10subsection (a) of Section 10 of this Act of usable cannabis. A
11school nurse or school administrator is not subject to arrest,
12prosecution, or denial of any right or privilege, including,
13but not limited to, a civil penalty, for acting in accordance
14with Section 22-33 of the School Code relating to administering
15or assisting a student in self-administering a medical cannabis
16infused product. The total amount possessed between the
17qualifying patient and caregiver shall not exceed the patient's
18adequate supply as defined in subsection (a) of Section 10 of
19this Act.
20    (c) A registered qualifying patient or registered
21designated caregiver is not subject to arrest, prosecution, or
22denial of any right or privilege, including but not limited to
23civil penalty or disciplinary action by an occupational or
24professional licensing board for possession of cannabis that is
25incidental to medical use, but is not usable cannabis as
26defined in this Act.

 

 

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1    (d)(1) There is a rebuttable presumption that a registered
2qualifying patient is engaged in, or a designated caregiver is
3assisting with, the medical use of cannabis in accordance with
4this Act if the qualifying patient or designated caregiver:
5        (A) is in possession of a valid registry identification
6    card; and
7        (B) is in possession of an amount of cannabis that does
8    not exceed the amount allowed under subsection (a) of
9    Section 10.
10    (2) The presumption may be rebutted by evidence that
11conduct related to cannabis was not for the purpose of treating
12or alleviating the qualifying patient's debilitating medical
13condition or symptoms associated with the debilitating medical
14condition in compliance with this Act.
15    (e) A physician is not subject to arrest, prosecution, or
16penalty in any manner, or denied any right or privilege,
17including but not limited to civil penalty or disciplinary
18action by the Medical Disciplinary Board or by any other
19occupational or professional licensing board, solely for
20providing written certifications or for otherwise stating
21that, in the physician's professional opinion, a patient is
22likely to receive therapeutic or palliative benefit from the
23medical use of cannabis to treat or alleviate the patient's
24debilitating medical condition or symptoms associated with the
25debilitating medical condition, provided that nothing shall
26prevent a professional licensing or disciplinary board from

 

 

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1sanctioning a physician for: (1) issuing a written
2certification to a patient who is not under the physician's
3care for a debilitating medical condition; or (2) failing to
4properly evaluate a patient's medical condition or otherwise
5violating the standard of care for evaluating medical
6conditions.
7    (f) No person may be subject to arrest, prosecution, or
8denial of any right or privilege, including but not limited to
9civil penalty or disciplinary action by an occupational or
10professional licensing board, solely for: (1) selling cannabis
11paraphernalia to a cardholder upon presentation of an unexpired
12registry identification card in the recipient's name, if
13employed and registered as a dispensing agent by a registered
14dispensing organization; (2) being in the presence or vicinity
15of the medical use of cannabis as allowed under this Act; or
16(3) assisting a registered qualifying patient with the act of
17administering cannabis.
18    (g) A registered cultivation center is not subject to
19prosecution; search or inspection, except by the Department of
20Agriculture, Department of Public Health, or State or local law
21enforcement under Section 130; seizure; or penalty in any
22manner, or be denied any right or privilege, including but not
23limited to civil penalty or disciplinary action by a business
24licensing board or entity, for acting under this Act and
25Department of Agriculture rules to: acquire, possess,
26cultivate, manufacture, deliver, transfer, transport, supply,

 

 

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1or sell cannabis to registered dispensing organizations.
2    (h) A registered cultivation center agent is not subject to
3prosecution, search, or penalty in any manner, or be denied any
4right or privilege, including but not limited to civil penalty
5or disciplinary action by a business licensing board or entity,
6for working or volunteering for a registered cannabis
7cultivation center under this Act and Department of Agriculture
8rules, including to perform the actions listed under subsection
9(g).
10    (i) A registered dispensing organization is not subject to
11prosecution; search or inspection, except by the Department of
12Financial and Professional Regulation or State or local law
13enforcement pursuant to Section 130; seizure; or penalty in any
14manner, or be denied any right or privilege, including but not
15limited to civil penalty or disciplinary action by a business
16licensing board or entity, for acting under this Act and
17Department of Financial and Professional Regulation rules to:
18acquire, possess, or dispense cannabis, or related supplies,
19and educational materials to registered qualifying patients or
20registered designated caregivers on behalf of registered
21qualifying patients.
22    (j) A registered dispensing organization agent is not
23subject to prosecution, search, or penalty in any manner, or be
24denied any right or privilege, including but not limited to
25civil penalty or disciplinary action by a business licensing
26board or entity, for working or volunteering for a dispensing

 

 

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1organization under this Act and Department of Financial and
2Professional Regulation rules, including to perform the
3actions listed under subsection (i).
4    (k) Any cannabis, cannabis paraphernalia, illegal
5property, or interest in legal property that is possessed,
6owned, or used in connection with the medical use of cannabis
7as allowed under this Act, or acts incidental to that use, may
8not be seized or forfeited. This Act does not prevent the
9seizure or forfeiture of cannabis exceeding the amounts allowed
10under this Act, nor shall it prevent seizure or forfeiture if
11the basis for the action is unrelated to the cannabis that is
12possessed, manufactured, transferred, or used under this Act.
13    (l) Mere possession of, or application for, a registry
14identification card or registration certificate does not
15constitute probable cause or reasonable suspicion, nor shall it
16be used as the sole basis to support the search of the person,
17property, or home of the person possessing or applying for the
18registry identification card. The possession of, or
19application for, a registry identification card does not
20preclude the existence of probable cause if probable cause
21exists on other grounds.
22    (m) Nothing in this Act shall preclude local or State law
23enforcement agencies from searching a registered cultivation
24center where there is probable cause to believe that the
25criminal laws of this State have been violated and the search
26is conducted in conformity with the Illinois Constitution, the

 

 

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1Constitution of the United States, and all State statutes.
2    (n) Nothing in this Act shall preclude local or state law
3enforcement agencies from searching a registered dispensing
4organization where there is probable cause to believe that the
5criminal laws of this State have been violated and the search
6is conducted in conformity with the Illinois Constitution, the
7Constitution of the United States, and all State statutes.
8    (o) No individual employed by the State of Illinois shall
9be subject to criminal or civil penalties for taking any action
10in accordance with the provisions of this Act, when the actions
11are within the scope of his or her employment. Representation
12and indemnification of State employees shall be provided to
13State employees as set forth in Section 2 of the State Employee
14Indemnification Act.
15    (p) No law enforcement or correctional agency, nor any
16individual employed by a law enforcement or correctional
17agency, shall be subject to criminal or civil liability, except
18for willful and wanton misconduct, as a result of taking any
19action within the scope of the official duties of the agency or
20individual to prohibit or prevent the possession or use of
21cannabis by a cardholder incarcerated at a correctional
22facility, jail, or municipal lockup facility, on parole or
23mandatory supervised release, or otherwise under the lawful
24jurisdiction of the agency or individual.
25(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)