Sen. Cristina Castro

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 455

2    AMENDMENT NO. ______. Amend Senate Bill 455 by replacing
3everything after the enacting clause with the following:
 
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)

 

 

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

 

 

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1medical cannabis infused product by a student who is a
2registered qualifying patient if the self-administration takes
3place under the direct supervision of a school nurse or school
4administrator.
5    Before allowing the administration of a medical cannabis
6infused product by a school nurse or school administrator or a
7student's self-administration of a medical cannabis infused
8product under the supervision of a school nurse or school
9administrator under this subsection, the parent or guardian of
10a student who is the registered qualifying patient must provide
11written authorization for its use, along with a copy of the
12registry identification card of the student (as a registered
13qualifying patient) and the parent or guardian (as a registered
14designated caregiver). The written authorization must specify
15the times where or the special circumstances under which the
16medical cannabis infused product must be administered. The
17written authorization and a copy of the registry identification
18cards must be kept on file in the office of the school nurse.
19The authorization for a student to self-administer medical
20cannabis infused products is effective for the school year in
21which it is granted and must be renewed each subsequent school
22year upon fulfillment of the requirements of this Section.
23    (b-10) Medical cannabis infused products that are to be
24administered under subsection (b-5) must be stored with the
25school nurse at all times in a manner consistent with storage
26of other student medication at the school and may be accessible

 

 

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

 

 

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1administration of medical cannabis infused products. Prior to
2the administration of a medical cannabis infused product under
3subsection (b-5), a school nurse or school administrator must
4annually complete the training curriculum developed under this
5subsection and must submit to the school's administration proof
6of its completion. A school district, public school, charter
7school, or nonpublic school must maintain records related to
8the training curriculum and of the school nurses or school
9administrators who have completed the training.
10    (g) A school district, public school, charter school, or
11nonpublic school shall adopt a policy to implement this
12Section.
13(Source: P.A. 100-660, eff. 8-1-18.)
 
14    Section 10. The Compassionate Use of Medical Cannabis Pilot
15Program Act is amended by changing Section 25 as follows:
 
16    (410 ILCS 130/25)
17    (Section scheduled to be repealed on July 1, 2020)
18    Sec. 25. Immunities and presumptions related to the medical
19use of cannabis.
20    (a) A registered qualifying patient is not subject to
21arrest, prosecution, or denial of any right or privilege,
22including but not limited to civil penalty or disciplinary
23action by an occupational or professional licensing board, for
24the medical use of cannabis in accordance with this Act, if the

 

 

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

 

 

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1    (c) A registered qualifying patient or registered
2designated caregiver is not subject to arrest, prosecution, or
3denial of any right or privilege, including but not limited to
4civil penalty or disciplinary action by an occupational or
5professional licensing board for possession of cannabis that is
6incidental to medical use, but is not usable cannabis as
7defined in this Act.
8    (d)(1) There is a rebuttable presumption that a registered
9qualifying patient is engaged in, or a designated caregiver is
10assisting with, the medical use of cannabis in accordance with
11this Act if the qualifying patient or designated caregiver:
12        (A) is in possession of a valid registry identification
13    card; and
14        (B) is in possession of an amount of cannabis that does
15    not exceed the amount allowed under subsection (a) of
16    Section 10.
17    (2) The presumption may be rebutted by evidence that
18conduct related to cannabis was not for the purpose of treating
19or alleviating the qualifying patient's debilitating medical
20condition or symptoms associated with the debilitating medical
21condition in compliance with this Act.
22    (e) A physician is not subject to arrest, prosecution, or
23penalty in any manner, or denied any right or privilege,
24including but not limited to civil penalty or disciplinary
25action by the Medical Disciplinary Board or by any other
26occupational or professional licensing board, solely for

 

 

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1providing written certifications or for otherwise stating
2that, in the physician's professional opinion, a patient is
3likely to receive therapeutic or palliative benefit from the
4medical use of cannabis to treat or alleviate the patient's
5debilitating medical condition or symptoms associated with the
6debilitating medical condition, provided that nothing shall
7prevent a professional licensing or disciplinary board from
8sanctioning a physician for: (1) issuing a written
9certification to a patient who is not under the physician's
10care for a debilitating medical condition; or (2) failing to
11properly evaluate a patient's medical condition or otherwise
12violating the standard of care for evaluating medical
13conditions.
14    (f) No person may be subject to arrest, prosecution, or
15denial of any right or privilege, including but not limited to
16civil penalty or disciplinary action by an occupational or
17professional licensing board, solely for: (1) selling cannabis
18paraphernalia to a cardholder upon presentation of an unexpired
19registry identification card in the recipient's name, if
20employed and registered as a dispensing agent by a registered
21dispensing organization; (2) being in the presence or vicinity
22of the medical use of cannabis as allowed under this Act; or
23(3) assisting a registered qualifying patient with the act of
24administering cannabis.
25    (g) A registered cultivation center is not subject to
26prosecution; search or inspection, except by the Department of

 

 

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

 

 

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1registered designated caregivers on behalf of registered
2qualifying patients.
3    (j) A registered dispensing organization agent is not
4subject to prosecution, search, or penalty in any manner, or be
5denied any right or privilege, including but not limited to
6civil penalty or disciplinary action by a business licensing
7board or entity, for working or volunteering for a dispensing
8organization under this Act and Department of Financial and
9Professional Regulation rules, including to perform the
10actions listed under subsection (i).
11    (k) Any cannabis, cannabis paraphernalia, illegal
12property, or interest in legal property that is possessed,
13owned, or used in connection with the medical use of cannabis
14as allowed under this Act, or acts incidental to that use, may
15not be seized or forfeited. This Act does not prevent the
16seizure or forfeiture of cannabis exceeding the amounts allowed
17under this Act, nor shall it prevent seizure or forfeiture if
18the basis for the action is unrelated to the cannabis that is
19possessed, manufactured, transferred, or used under this Act.
20    (l) Mere possession of, or application for, a registry
21identification card or registration certificate does not
22constitute probable cause or reasonable suspicion, nor shall it
23be used as the sole basis to support the search of the person,
24property, or home of the person possessing or applying for the
25registry identification card. The possession of, or
26application for, a registry identification card does not

 

 

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1preclude the existence of probable cause if probable cause
2exists on other grounds.
3    (m) Nothing in this Act shall preclude local or State law
4enforcement agencies from searching a registered cultivation
5center where there is probable cause to believe that the
6criminal laws of this State have been violated and the search
7is conducted in conformity with the Illinois Constitution, the
8Constitution of the United States, and all State statutes.
9    (n) Nothing in this Act shall preclude local or state law
10enforcement agencies from searching a registered dispensing
11organization where there is probable cause to believe that the
12criminal laws of this State have been violated and the search
13is conducted in conformity with the Illinois Constitution, the
14Constitution of the United States, and all State statutes.
15    (o) No individual employed by the State of Illinois shall
16be subject to criminal or civil penalties for taking any action
17in accordance with the provisions of this Act, when the actions
18are within the scope of his or her employment. Representation
19and indemnification of State employees shall be provided to
20State employees as set forth in Section 2 of the State Employee
21Indemnification Act.
22    (p) No law enforcement or correctional agency, nor any
23individual employed by a law enforcement or correctional
24agency, shall be subject to criminal or civil liability, except
25for willful and wanton misconduct, as a result of taking any
26action within the scope of the official duties of the agency or

 

 

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1individual to prohibit or prevent the possession or use of
2cannabis by a cardholder incarcerated at a correctional
3facility, jail, or municipal lockup facility, on parole or
4mandatory supervised release, or otherwise under the lawful
5jurisdiction of the agency or individual.
6(Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15.)".