Section 1290.430  Dispensing Medical Cannabis to Patients and Provisional Patients

a)         A person provided a written certification for a debilitating medical condition who has submitted a valid completed online application to the Department and his or her designated caregiver shall receive a provisional registration and shall be entitled to purchase medical cannabis from a specified licensed dispensing organization for a period of 90 days or until his or her application has been denied or he or she receives a registry identification card, whichever is earlier.  (Section 55(b) of the Act)

b)         Before a dispensing organization allows a qualifying patient or designated caregiver into the limited access area or prior to dispensing medical cannabis or medical cannabis infused products through a pickup-location, it must verify the person's identity by comparing the DPH issued patient identification card or designated caregiver card with an Illinois driver's license or State identification card or federally issued identification.

c)         Before a dispensing organization allows a provisional patient into the limited access area or prior to dispensing through a pickup-location, it must verify the person's identity by comparing the provisional patient's provisional registration along with State or federally issued identification.

d)         Before a dispensing organization agent dispenses medical cannabis to a qualifying patient, provisional patient or a designated caregiver, the agent shall:

1)         Verify the validity of the qualifying patient or designated caregiver's DPH patient registry identification card or verify the validity of the provisional patient's provisional registration;

2)         Confirm the qualifying patient, provisional patient or designated caregiver's registry identification number in the State verification system;

3)         Verify that the qualifying patient or designated caregiver has a current authorization by DPH to purchase medical cannabis;

4)         Verify that the provisional patient's provisional registration has not expired and is authorized by DPH to purchase medical cannabis;

5)         Verify that the amount of medical cannabis the qualifying patient, provisional patient or designated caregiver is requesting would not cause the qualifying patient or provisional patient to exceed the limit on obtaining no more than two and one-half ounces of medical cannabis during any 14-calendar-day period, unless approved by DPH; and

6)         Enter the following information into the State verification system for the qualifying patient, provisional patient or designated caregiver:

A)        The dispensing organization agent's registry identification number;

B)        The dispensing organization's identification number;

C)        The amount, type and strain of medical cannabis dispensed;

D)        Identity of the individual to whom the medical cannabis was dispensed, whether the qualifying patient, provisional patient or qualifying patient's designated caregiver; and

E)        The date and time the medical cannabis was dispensed.

e)         A dispensary may not dispense more than the DPH approved amount of usable cannabis to a qualifying patient, provisional patient or designated caregiver during a period of 14 days.

f)         In the event a dispensing organization dispenses in excess of a patient's usable amount, it shall notify the Division in writing within 48 hours.  The notification shall include the date and time of the transaction that caused the overage, the name of the agent in charge on duty, the amount of the overage, the patient or provisional patient's registry identification number and a detailed narrative of the circumstances surrounding the overage.  The notification report shall outline the methods the dispensary will use to self-correct and prevent this type of over-dispensing from reoccurring.

g)         A dispensing organization shall notify DPH if it determines a person is attempting to submit or did submit a fraudulent written certification in the patient application. 

h)         A dispensary that sells edible cannabis-infused products must do so in compliance with the Act, 77 Ill. Adm. Code 946, and this Part.

i)          Dispensing organizations licensed under Section 15-15 of the Cannabis Regulation and Tax Act may dispense medical cannabis or medical cannabis infused products through a pickup-location only to qualifying patients and designated caregivers registered under the Compassionate Use of Medical Cannabis Program Act.

(Source:  Amended at 47 Ill. Reg. 17846, effective November 20, 2023)