Illinois General Assembly - Full Text of HB2380
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Full Text of HB2380  102nd General Assembly

HB2380sam001 102ND GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 4/6/2022

 

 


 

 


 
10200HB2380sam001LRB102 02861 CPF 38836 a

1
AMENDMENT TO HOUSE BILL 2380

2    AMENDMENT NO. ______. Amend House Bill 2380 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 10 and by adding
6Section 103 as follows:
 
7    (410 ILCS 130/10)
8    Sec. 10. Definitions. The following terms, as used in this
9Act, shall have the meanings set forth in this Section:
10    (a) "Adequate supply" means:
11        (1) 2.5 ounces of usable cannabis during a period of
12    14 days and that is derived solely from an intrastate
13    source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a
16    certifying health care professional provides a substantial

 

 

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1    medical basis in a signed, written statement asserting
2    that, based on the patient's medical history, in the
3    certifying health care professional's professional
4    judgment, 2.5 ounces is an insufficient adequate supply
5    for a 14-day period to properly alleviate the patient's
6    debilitating medical condition or symptoms associated with
7    the debilitating medical condition.
8        (3) This subsection may not be construed to authorize
9    the possession of more than 2.5 ounces at any time without
10    authority from the Department of Public Health.
11        (4) The pre-mixed weight of medical cannabis used in
12    making a cannabis infused product shall apply toward the
13    limit on the total amount of medical cannabis a registered
14    qualifying patient may possess at any one time.
15    (a-5) "Advanced practice registered nurse" means a person
16who is licensed under the Nurse Practice Act as an advanced
17practice registered nurse and has a controlled substances
18license under Article III of the Illinois Controlled
19Substances Act.
20    (b) "Cannabis" has the meaning given that term in Section
213 of the Cannabis Control Act.
22    (c) "Cannabis plant monitoring system" means a system that
23includes, but is not limited to, testing and data collection
24established and maintained by the registered cultivation
25center and available to the Department for the purposes of
26documenting each cannabis plant and for monitoring plant

 

 

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1development throughout the life cycle of a cannabis plant
2cultivated for the intended use by a qualifying patient from
3seed planting to final packaging.
4    (d) "Cardholder" means a qualifying patient or a
5designated caregiver who has been issued and possesses a valid
6registry identification card by the Department of Public
7Health.
8    (d-5) "Certifying health care professional" means a
9physician, an advanced practice registered nurse, or a
10physician assistant.
11    (e) "Cultivation center" means a facility operated by an
12organization or business that is registered by the Department
13of Agriculture to perform necessary activities to provide only
14registered medical cannabis dispensing organizations with
15usable medical cannabis.
16    (f) "Cultivation center agent" means a principal officer,
17board member, employee, or agent of a registered cultivation
18center who is 21 years of age or older and has not been
19convicted of an excluded offense.
20    (g) "Cultivation center agent identification card" means a
21document issued by the Department of Agriculture that
22identifies a person as a cultivation center agent.
23    (h) "Debilitating medical condition" means one or more of
24the following:
25        (1) cancer, glaucoma, positive status for human
26    immunodeficiency virus, acquired immune deficiency

 

 

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1    syndrome, hepatitis C, amyotrophic lateral sclerosis,
2    Crohn's disease (including, but not limited to, ulcerative
3    colitis), agitation of Alzheimer's disease,
4    cachexia/wasting syndrome, muscular dystrophy, severe
5    fibromyalgia, spinal cord disease, including but not
6    limited to arachnoiditis, Tarlov cysts, hydromyelia,
7    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
8    spinal cord injury, traumatic brain injury and
9    post-concussion syndrome, Multiple Sclerosis,
10    Arnold-Chiari malformation and Syringomyelia,
11    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
12    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
13    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
14    (Complex Regional Pain Syndromes Type II),
15    Neurofibromatosis, Chronic Inflammatory Demyelinating
16    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
17    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
18    syndrome, residual limb pain, seizures (including those
19    characteristic of epilepsy), post-traumatic stress
20    disorder (PTSD), autism, chronic pain, irritable bowel
21    syndrome, migraines, osteoarthritis, anorexia nervosa,
22    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
23    Disease, neuropathy, polycystic kidney disease, superior
24    canal dehiscence syndrome, or the treatment of these
25    conditions;
26        (1.5) terminal illness with a diagnosis of 6 months or

 

 

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1    less; if the terminal illness is not one of the qualifying
2    debilitating medical conditions, then the certifying
3    health care professional shall on the certification form
4    identify the cause of the terminal illness; or
5        (2) any other debilitating medical condition or its
6    treatment that is added by the Department of Public Health
7    by rule as provided in Section 45.
8    (i) "Designated caregiver" means a person who: (1) is at
9least 21 years of age; (2) has agreed to assist with a
10patient's medical use of cannabis; (3) has not been convicted
11of an excluded offense; and (4) assists no more than one
12registered qualifying patient with his or her medical use of
13cannabis.
14    (j) "Dispensing organization agent identification card"
15means a document issued by the Department of Financial and
16Professional Regulation that identifies a person as a medical
17cannabis dispensing organization agent, as that term is
18defined under Section 1-10 of the Cannabis Regulation and Tax
19Act.
20    (k) "Enclosed, locked facility" means a room, greenhouse,
21building, or other enclosed area equipped with locks or other
22security devices that permit access only by a cultivation
23center's agents or a dispensing organization's agent working
24for the registered cultivation center or the registered
25dispensing organization to cultivate, store, and distribute
26cannabis for registered qualifying patients.

 

 

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1    (l) "Excluded offense" for cultivation center agents and
2dispensing organizations means:
3        (1) a violent crime defined in Section 3 of the Rights
4    of Crime Victims and Witnesses Act or a substantially
5    similar offense that was classified as a felony in the
6    jurisdiction where the person was convicted; or
7        (2) a violation of a state or federal controlled
8    substance law, the Cannabis Control Act, or the
9    Methamphetamine Control and Community Protection Act that
10    was classified as a felony in the jurisdiction where the
11    person was convicted, except that the registering
12    Department may waive this restriction if the person
13    demonstrates to the registering Department's satisfaction
14    that his or her conviction was for the possession,
15    cultivation, transfer, or delivery of a reasonable amount
16    of cannabis intended for medical use. This exception does
17    not apply if the conviction was under state law and
18    involved a violation of an existing medical cannabis law.
19    For purposes of this subsection, the Department of Public
20Health shall determine by emergency rule within 30 days after
21the effective date of this amendatory Act of the 99th General
22Assembly what constitutes a "reasonable amount".
23    (l-5) (Blank).
24    (l-10) "Illinois Cannabis Tracking System" means a
25web-based system established and maintained by the Department
26of Public Health that is available to the Department of

 

 

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1Agriculture, the Department of Financial and Professional
2Regulation, the Illinois State Police, and registered medical
3cannabis dispensing organizations on a 24-hour basis to upload
4written certifications for Opioid Alternative Pilot Program
5participants, to verify Opioid Alternative Pilot Program
6participants, to verify Opioid Alternative Pilot Program
7participants' available cannabis allotment and assigned
8dispensary, and the tracking of the date of sale, amount, and
9price of medical cannabis purchased by an Opioid Alternative
10Pilot Program participant.
11    (m) "Medical cannabis cultivation center registration"
12means a registration issued by the Department of Agriculture.
13    (n) "Medical cannabis container" means a sealed,
14traceable, food compliant, tamper resistant, tamper evident
15container, or package used for the purpose of containment of
16medical cannabis from a cultivation center to a dispensing
17organization.
18    (o) "Medical cannabis dispensing organization", or
19"dispensing organization", or "dispensary organization" means
20a facility operated by an organization or business that is
21registered by the Department of Financial and Professional
22Regulation to acquire medical cannabis from a registered
23cultivation center for the purpose of dispensing cannabis,
24paraphernalia, or related supplies and educational materials
25to registered qualifying patients, individuals with a
26provisional registration for qualifying patient cardholder

 

 

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1status, or an Opioid Alternative Pilot Program participant.
2    (p) "Medical cannabis dispensing organization agent" or
3"dispensing organization agent" means a principal officer,
4board member, employee, or agent of a registered medical
5cannabis dispensing organization who is 21 years of age or
6older and has not been convicted of an excluded offense.
7    (q) "Medical cannabis infused product" means food, oils,
8ointments, or other products containing usable cannabis that
9are not smoked.
10    (r) "Medical use" means the acquisition; administration;
11delivery; possession; transfer; transportation; or use of
12cannabis to treat or alleviate a registered qualifying
13patient's debilitating medical condition or symptoms
14associated with the patient's debilitating medical condition.
15    (r-5) "Opioid" means a narcotic drug or substance that is
16a Schedule II controlled substance under paragraph (1), (2),
17(3), or (5) of subsection (b) or under subsection (c) of
18Section 206 of the Illinois Controlled Substances Act.
19    (r-10) "Opioid Alternative Pilot Program participant"
20means an individual who has received a valid written
21certification to participate in the Opioid Alternative Pilot
22Program for a medical condition for which an opioid has been or
23could be prescribed by a certifying health care professional
24based on generally accepted standards of care.
25    (s) "Physician" means a doctor of medicine or doctor of
26osteopathy licensed under the Medical Practice Act of 1987 to

 

 

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1practice medicine and who has a controlled substances license
2under Article III of the Illinois Controlled Substances Act.
3It does not include a licensed practitioner under any other
4Act including but not limited to the Illinois Dental Practice
5Act.
6    (s-1) "Physician assistant" means a physician assistant
7licensed under the Physician Assistant Practice Act of 1987
8and who has a controlled substances license under Article III
9of the Illinois Controlled Substances Act.
10    (s-5) "Provisional registration" means a document issued
11by the Department of Public Health to a qualifying patient who
12has submitted: (1) an online application and paid a fee to
13participate in Compassionate Use of Medical Cannabis Program
14pending approval or denial of the patient's application; or
15(2) a completed application for terminal illness.
16    (t) "Qualifying patient" means a person who has been
17diagnosed by a certifying health care professional as having a
18debilitating medical condition.
19    (u) "Registered" means licensed, permitted, or otherwise
20certified by the Department of Agriculture, Department of
21Public Health, or Department of Financial and Professional
22Regulation.
23    (v) "Registry identification card" means a document issued
24by the Department of Public Health that identifies a person as
25a registered qualifying patient or registered designated
26caregiver.

 

 

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1    (w) "Usable cannabis" means the seeds, leaves, buds, and
2flowers of the cannabis plant and any mixture or preparation
3thereof, but does not include the stalks, and roots of the
4plant. It does not include the weight of any non-cannabis
5ingredients combined with cannabis, such as ingredients added
6to prepare a topical administration, food, or drink.
7    (x) "Verification system" means a Web-based system
8established and maintained by the Department of Public Health
9that is available to the Department of Agriculture, the
10Department of Financial and Professional Regulation, law
11enforcement personnel, and registered medical cannabis
12dispensing organization agents on a 24-hour basis for the
13verification of registry identification cards, the tracking of
14delivery of medical cannabis to medical cannabis dispensing
15organizations, and the tracking of the date of sale, amount,
16and price of medical cannabis purchased by a registered
17qualifying patient.
18    (y) "Written certification" means a document dated and
19signed by a certifying health care professional, stating (1)
20that the qualifying patient has a debilitating medical
21condition and specifying the debilitating medical condition
22the qualifying patient has; and (2) that (A) the certifying
23health care professional is treating or managing treatment of
24the patient's debilitating medical condition; or (B) an Opioid
25Alternative Pilot Program participant has a medical condition
26for which opioids have been or could be prescribed. A written

 

 

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1certification shall be made only in the course of a bona fide
2health care professional-patient relationship, after the
3certifying health care professional has completed an
4assessment of either a qualifying patient's medical history or
5Opioid Alternative Pilot Program participant, reviewed
6relevant records related to the patient's debilitating
7condition, and conducted a physical examination.
8    (z) "Bona fide health care professional-patient
9relationship" means a relationship established at a hospital,
10certifying health care professional's office, or other health
11care facility in which the certifying health care professional
12has an ongoing responsibility for the assessment, care, and
13treatment of a patient's debilitating medical condition or a
14symptom of the patient's debilitating medical condition.
15    A veteran who has received treatment at a VA hospital
16shall be deemed to have a bona fide health care
17professional-patient relationship with a VA certifying health
18care professional if the patient has been seen for his or her
19debilitating medical condition at the VA Hospital in
20accordance with VA Hospital protocols.
21    A bona fide health care professional-patient relationship
22under this subsection is a privileged communication within the
23meaning of Section 8-802 of the Code of Civil Procedure.
24(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
 
25    (410 ILCS 130/103 new)

 

 

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1    Sec. 103. Cultivation center agent identification cards.
2The Department of Agriculture shall follow the requirements
3set forth in Section 20-35 of the Cannabis Regulation and Tax
4Act regarding the administration of cultivation center agent
5identification cards under this Act.
 
6    Section 10. The Cannabis Regulation and Tax Act is amended
7by adding Section 5-22 and by changing Section 15-40 as
8follows:
 
9    (410 ILCS 705/5-22 new)
10    Sec. 5-22. Identification cards. The Department of
11Agriculture and the Department of Financial and Professional
12Regulation shall issue all identification cards under this Act
13via an online application portal.
 
14    (410 ILCS 705/15-40)
15    Sec. 15-40. Dispensing organization agent identification
16card; agent training.
17    (a) The Department shall:
18        (1) verify the information contained in an application
19    or renewal for a dispensing organization agent
20    identification card submitted under this Article, and
21    approve or deny an application or renewal, within 30 days
22    of receiving a completed application or renewal
23    application and all supporting documentation required by

 

 

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1    rule;
2        (2) issue a dispensing organization agent
3    identification card to a qualifying agent within 15
4    business days of approving the application or renewal;
5        (3) enter the registry identification number of the
6    dispensing organization where the agent works;
7        (4) within one year from the effective date of this
8    Act, allow for an electronic application process and
9    provide a confirmation by electronic or other methods that
10    an application has been submitted; and
11        (5) collect a $100 nonrefundable fee from the
12    applicant to be deposited into the Cannabis Regulation
13    Fund.
14    (b) A dispensing organization agent must keep his or her
15identification card visible at all times when in the
16dispensary.
17    (c) The dispensing organization agent identification cards
18shall contain the following:
19        (1) the name of the cardholder;
20        (2) the date of issuance and expiration date of the
21    dispensing organization agent identification cards;
22        (3) a random 10-digit alphanumeric identification
23    number containing at least 4 numbers and at least 4
24    letters that is unique to the cardholder; and
25        (4) a photograph of the cardholder.
26    (d) The dispensing organization agent identification cards

 

 

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1shall be immediately returned to the dispensing organization
2upon termination of employment.
3    (e) The Department shall not issue an agent identification
4card if the applicant is delinquent in filing any required tax
5returns or paying any amounts owed to the State of Illinois.
6    (f) Any card lost by a dispensing organization agent shall
7be reported to the Illinois State Police and the Department
8immediately upon discovery of the loss.
9    (g) An applicant shall be denied a dispensing organization
10agent identification card renewal if he or she fails to
11complete the training provided for in this Section.
12    (h) A dispensing organization agent shall only be required
13to hold one card for the same employer regardless of what type
14of dispensing organization license the employer holds.
15    (i) Cannabis retail sales training requirements.
16        (1) Within 90 days of September 1, 2019, or 90 days of
17    employment, whichever is later, all owners, managers,
18    employees, and agents involved in the handling or sale of
19    cannabis or cannabis-infused product employed by an adult
20    use dispensing organization or medical cannabis dispensing
21    organization as defined in Section 10 of the Compassionate
22    Use of Medical Cannabis Program Act shall attend and
23    successfully complete a Responsible Vendor Program.
24        (2) Each owner, manager, employee, and agent of an
25    adult use dispensing organization or medical cannabis
26    dispensing organization shall successfully complete the

 

 

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1    program annually.
2        (3) Responsible Vendor Program Training modules shall
3    include at least 2 hours of instruction time approved by
4    the Department including:
5            (i) Health and safety concerns of cannabis use,
6        including the responsible use of cannabis, its
7        physical effects, onset of physiological effects,
8        recognizing signs of impairment, and appropriate
9        responses in the event of overconsumption.
10            (ii) Training on laws and regulations on driving
11        while under the influence and operating a watercraft
12        or snowmobile while under the influence.
13            (iii) Sales to minors prohibition. Training shall
14        cover all relevant Illinois laws and rules.
15            (iv) Quantity limitations on sales to purchasers.
16        Training shall cover all relevant Illinois laws and
17        rules.
18            (v) Acceptable forms of identification. Training
19        shall include:
20                (I) How to check identification; and
21                (II) Common mistakes made in verification;
22            (vi) Safe storage of cannabis;
23            (vii) Compliance with all inventory tracking
24        system regulations;
25            (viii) Waste handling, management, and disposal;
26            (ix) Health and safety standards;

 

 

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1            (x) Maintenance of records;
2            (xi) Security and surveillance requirements;
3            (xii) Permitting inspections by State and local
4        licensing and enforcement authorities;
5            (xiii) Privacy issues;
6            (xiv) Packaging and labeling requirement for sales
7        to purchasers; and
8            (xv) Other areas as determined by rule.
9    (j) Blank.
10    (k) Upon the successful completion of the Responsible
11Vendor Program, the provider shall deliver proof of completion
12either through mail or electronic communication to the
13dispensing organization, which shall retain a copy of the
14certificate.
15    (l) The license of a dispensing organization or medical
16cannabis dispensing organization whose owners, managers,
17employees, or agents fail to comply with this Section may be
18suspended or permanently revoked under Section 15-145 or may
19face other disciplinary action.
20    (m) The regulation of dispensing organization and medical
21cannabis dispensing employer and employee training is an
22exclusive function of the State, and regulation by a unit of
23local government, including a home rule unit, is prohibited.
24This subsection (m) is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

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1    (n) Persons seeking Department approval to offer the
2training required by paragraph (3) of subsection (i) may apply
3for such approval between August 1 and August 15 of each
4odd-numbered year in a manner prescribed by the Department.
5    (o) Persons seeking Department approval to offer the
6training required by paragraph (3) of subsection (i) shall
7submit a nonrefundable application fee of $2,000 to be
8deposited into the Cannabis Regulation Fund or a fee as may be
9set by rule. Any changes made to the training module shall be
10approved by the Department.
11    (p) The Department shall not unreasonably deny approval of
12a training module that meets all the requirements of paragraph
13(3) of subsection (i). A denial of approval shall include a
14detailed description of the reasons for the denial.
15    (q) Any person approved to provide the training required
16by paragraph (3) of subsection (i) shall submit an application
17for re-approval between August 1 and August 15 of each
18odd-numbered year and include a nonrefundable application fee
19of $2,000 to be deposited into the Cannabis Regulation Fund or
20a fee as may be set by rule.
21    (r) All persons applying to become or renewing their
22registrations to be agents, including agents-in-charge and
23principal officers, shall disclose any disciplinary action
24taken against them that may have occurred in Illinois, another
25state, or another country in relation to their employment at a
26cannabis business establishment or at any cannabis cultivation

 

 

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1center, processor, infuser, dispensary, or other cannabis
2business establishment.
3    (s) An agent applicant may begin employment at a
4dispensing organization while the agent applicant's
5identification card application is pending. Upon approval, the
6Department shall issue the agent's identification card to the
7agent. If denied, the dispensing organization and the agent
8applicant shall be notified and the agent applicant must cease
9all activity at the dispensing organization immediately.
10    (t) All notifications of acceptance or denial for
11applications under this Section shall be sent directly to the
12agent applicant.
13(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
14102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
1510-12-21.)
 
16    (410 ILCS 130/100 rep.)
17    (410 ILCS 130/120 rep.)
18    Section 20. The Compassionate Use of Medical Cannabis
19Program Act is amended by repealing Sections 100 and 120.".