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1 | | through (g) of this Section, a school district, public school, |
2 | | charter school, or nonpublic school shall authorize a parent or |
3 | | guardian or any other individual registered with the Department |
4 | | of Public Health as a designated caregiver of a student who is |
5 | | a registered qualifying patient to administer a medical |
6 | | cannabis infused product to the student on the premises of the |
7 | | child's school or on the child's school bus if both the student |
8 | | (as a registered qualifying patient) and the parent or guardian |
9 | | or other individual (as a registered designated caregiver) have |
10 | | been issued registry identification cards under the |
11 | | Compassionate Use of Medical Cannabis Pilot Program Act. After |
12 | | administering the product, the parent or guardian or other |
13 | | individual shall remove the product from the school premises or |
14 | | the school bus. |
15 | | (b-5) Notwithstanding subsection (b) and subject to the |
16 | | restrictions under subsections (c) through (g), a school |
17 | | district, public school, charter school, or nonpublic school |
18 | | must allow a school nurse or school administrator to administer |
19 | | a medical cannabis infused product to a student who is a |
20 | | registered qualifying patient (i) while on school premises, |
21 | | (ii) while at a school-sponsored activity, or (iii) before or |
22 | | after normal school activities, including while the student is |
23 | | in before-school or after-school care on school-operated |
24 | | property or while the student is being transported on a school |
25 | | bus. A school district, public school, charter school, or |
26 | | nonpublic school may authorize the self-administration of a |
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1 | | medical cannabis infused product by a student who is a |
2 | | registered qualifying patient if the self-administration takes |
3 | | place under the direct supervision of a school nurse or school |
4 | | administrator. |
5 | | Before allowing the administration of a medical cannabis |
6 | | infused product by a school nurse or school administrator or a |
7 | | student's self-administration of a medical cannabis infused |
8 | | product under the supervision of a school nurse or school |
9 | | administrator under this subsection, the parent or guardian of |
10 | | a student who is the registered qualifying patient must provide |
11 | | written authorization for its use, along with a copy of the |
12 | | registry identification card of the student (as a registered |
13 | | qualifying patient) and the parent or guardian (as a registered |
14 | | designated caregiver). The written authorization must specify |
15 | | the times where or the special circumstances under which the |
16 | | medical cannabis infused product must be administered. The |
17 | | written authorization and a copy of the registry identification |
18 | | cards must be kept on file in the office of the school nurse. |
19 | | The authorization for a student to self-administer medical |
20 | | cannabis infused products is effective for the school year in |
21 | | which it is granted and must be renewed each subsequent school |
22 | | year upon fulfillment of the requirements of this Section. |
23 | | (b-10) Medical cannabis infused products that are to be |
24 | | administered under subsection (b-5) must be stored with the |
25 | | school nurse at all times in a manner consistent with storage |
26 | | of other student medication at the school and may be accessible |
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1 | | only by the school nurse or a school administrator. |
2 | | (c) A parent or guardian or other individual may not |
3 | | administer a medical cannabis infused product under this |
4 | | Section in a manner that, in the opinion of the school district |
5 | | or school, would create a disruption to the school's |
6 | | educational environment or would cause exposure of the product |
7 | | to other students. |
8 | | (d) A school district or school may not discipline a |
9 | | student who is administered a medical cannabis infused product |
10 | | by a parent or guardian or other individual under this Section |
11 | | or who self-administers a medical cannabis infused product |
12 | | under the supervision of a school nurse or school administrator |
13 | | under this Section and may not deny the student's eligibility |
14 | | to attend school solely because the student requires the |
15 | | administration of the product. |
16 | | (e) Nothing in this Section requires a member of a school's |
17 | | staff to administer a medical cannabis infused product to a |
18 | | student. |
19 | | (f) A school district, public school, charter school, or |
20 | | nonpublic school may not authorize the use of a medical |
21 | | cannabis infused product under this Section if the school |
22 | | district or school would lose federal funding as a result of |
23 | | the authorization. |
24 | | (f-5) The State Board of Education, in consultation with |
25 | | the Department of Public Health, must develop a training |
26 | | curriculum for school nurses and school administrators on the |
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1 | | administration of medical cannabis infused products. Prior to |
2 | | the administration of a medical cannabis infused product under |
3 | | subsection (b-5), a school nurse or school administrator must |
4 | | annually complete the training curriculum developed under this |
5 | | subsection and must submit to the school's administration proof |
6 | | of its completion. A school district, public school, charter |
7 | | school, or nonpublic school must maintain records related to |
8 | | the training curriculum and of the school nurses or school |
9 | | administrators who have completed the training. |
10 | | (g) A school district, public school, charter school, or |
11 | | nonpublic school shall adopt a policy to implement
this |
12 | | Section.
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13 | | (Source: P.A. 100-660, eff. 8-1-18.)
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14 | | Section 10. The Compassionate Use of Medical Cannabis Pilot |
15 | | Program Act is amended by changing Section 25 as follows: |
16 | | (410 ILCS 130/25) |
17 | | (Section scheduled to be repealed on July 1, 2020)
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18 | | Sec. 25. Immunities and presumptions related to the medical |
19 | | use of cannabis.
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20 | | (a) A registered qualifying patient is not subject to |
21 | | arrest, prosecution, or denial of any right or privilege, |
22 | | including but not limited to civil penalty or disciplinary |
23 | | action by an occupational or professional licensing board, for |
24 | | the medical use of cannabis in accordance with this Act, if the |
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1 | | registered qualifying patient possesses an amount of cannabis |
2 | | that does not exceed an adequate supply as defined in |
3 | | subsection (a) of Section 10 of this Act of usable cannabis |
4 | | and, where the registered qualifying patient is a licensed |
5 | | professional, the use of cannabis does not impair that licensed |
6 | | professional when he or she is engaged in the practice of the |
7 | | profession for which he or she is licensed.
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8 | | (b) A registered designated caregiver is not subject to |
9 | | arrest, prosecution, or denial of any right or privilege, |
10 | | including but not limited to civil penalty or disciplinary |
11 | | action by an occupational or professional licensing board, for |
12 | | acting in accordance with this Act to assist a registered |
13 | | qualifying patient to whom he or she is connected through the |
14 | | Department's registration process with the medical use of |
15 | | cannabis if the designated caregiver possesses an amount of |
16 | | cannabis that does not exceed an adequate supply as defined in |
17 | | subsection (a) of Section 10 of this Act of usable cannabis. A |
18 | | school nurse or school administrator is not subject to arrest, |
19 | | prosecution, or denial of any right or privilege, including, |
20 | | but not limited to, a civil penalty, for acting in accordance |
21 | | with Section 22-33 of the School Code relating to administering |
22 | | or assisting a student in self-administering a medical cannabis |
23 | | infused product. The total amount possessed between the |
24 | | qualifying patient and caregiver shall not exceed the patient's |
25 | | adequate supply as defined in subsection (a) of Section 10 of |
26 | | this Act. |
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1 | | (c) A registered qualifying patient or registered |
2 | | designated caregiver is not subject to
arrest, prosecution, or |
3 | | denial of any right or privilege, including but not limited to |
4 | | civil penalty or disciplinary action by an occupational or |
5 | | professional licensing board for possession of cannabis that is |
6 | | incidental to medical use, but is not usable cannabis as |
7 | | defined in this Act.
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8 | | (d)(1) There is a rebuttable presumption that a registered |
9 | | qualifying patient is engaged in, or a designated caregiver is |
10 | | assisting with, the medical use of cannabis in accordance with |
11 | | this 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 |
18 | | conduct related to cannabis was not for the purpose of treating |
19 | | or alleviating the qualifying patient's debilitating medical |
20 | | condition or symptoms associated with the debilitating medical |
21 | | condition in compliance with this Act.
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22 | | (e) A physician is not subject to arrest, prosecution, or |
23 | | penalty in any manner, or denied any right or privilege, |
24 | | including but not limited to civil penalty or disciplinary |
25 | | action by the Medical Disciplinary Board or by any other |
26 | | occupational or professional licensing board, solely for |
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1 | | providing written certifications or for otherwise stating |
2 | | that, in the physician's professional opinion, a patient is |
3 | | likely to receive therapeutic or palliative benefit from the |
4 | | medical use of cannabis to treat or alleviate the patient's |
5 | | debilitating medical condition or symptoms associated with the |
6 | | debilitating medical condition, provided that nothing shall |
7 | | prevent a professional licensing or disciplinary board from |
8 | | sanctioning a physician for: (1) issuing a written |
9 | | certification to a patient who is not under the physician's |
10 | | care for a debilitating medical condition; or (2) failing to |
11 | | properly evaluate a patient's medical condition or otherwise |
12 | | violating the standard of care for evaluating medical |
13 | | conditions.
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14 | | (f) No person may be subject to arrest, prosecution, or |
15 | | denial of any right or privilege, including but not limited to |
16 | | civil penalty or disciplinary action by an occupational or |
17 | | professional licensing board, solely for: (1) selling cannabis |
18 | | paraphernalia to a cardholder upon presentation of an unexpired |
19 | | registry identification card in the recipient's name, if |
20 | | employed and registered as a dispensing agent by a registered |
21 | | dispensing organization; (2) being in the presence or vicinity |
22 | | of the medical use of cannabis as allowed under this Act; or |
23 | | (3) assisting a registered qualifying patient with the act of |
24 | | administering cannabis.
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25 | | (g) A registered cultivation center is not subject to |
26 | | prosecution; search or inspection, except by the Department of |
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1 | | Agriculture, Department of Public Health, or State or local law |
2 | | enforcement under Section 130; seizure; or penalty in any |
3 | | manner, or be denied any right or privilege, including but not |
4 | | limited to civil penalty or disciplinary action by a business |
5 | | licensing board or entity, for acting under this Act and |
6 | | Department of Agriculture rules to: acquire, possess, |
7 | | cultivate, manufacture, deliver, transfer, transport, supply, |
8 | | or sell cannabis to registered dispensing organizations.
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9 | | (h) A registered cultivation center agent is not subject to |
10 | | prosecution, search, or penalty in any manner, or be denied any |
11 | | right or privilege, including but not limited to civil penalty |
12 | | or disciplinary action by a business licensing board or entity, |
13 | | for working or volunteering for a
registered cannabis |
14 | | cultivation center under this Act and Department of Agriculture |
15 | | rules, including to perform the actions listed under subsection |
16 | | (g).
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17 | | (i) A registered dispensing organization is not subject to |
18 | | prosecution; search or inspection, except by the Department of |
19 | | Financial and Professional Regulation or State or local law |
20 | | enforcement pursuant to Section 130; seizure; or penalty in any |
21 | | manner, or be denied any right or privilege, including but not |
22 | | limited to civil penalty or disciplinary action by a business |
23 | | licensing board or entity, for acting under this Act and |
24 | | Department of Financial and Professional Regulation rules to: |
25 | | acquire, possess, or dispense cannabis, or related supplies, |
26 | | and educational materials to registered qualifying patients or |
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1 | | registered designated caregivers on behalf of registered |
2 | | qualifying patients.
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3 | | (j) A registered dispensing organization agent is not |
4 | | subject to prosecution, search, or penalty in any manner, or be |
5 | | denied any right or privilege, including but not limited to |
6 | | civil penalty or disciplinary action by a business licensing |
7 | | board or entity, for working or volunteering for a dispensing |
8 | | organization under this Act and Department of Financial and |
9 | | Professional Regulation rules, including to perform the |
10 | | actions listed under subsection (i).
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11 | | (k) Any cannabis, cannabis paraphernalia, illegal |
12 | | property, or interest in legal property that is possessed, |
13 | | owned, or used in connection with the medical use of cannabis |
14 | | as allowed under this Act, or acts incidental to that use, may |
15 | | not be seized or forfeited. This Act does not prevent the |
16 | | seizure or forfeiture of cannabis exceeding the amounts allowed |
17 | | under this Act, nor shall it prevent seizure or forfeiture if |
18 | | the basis for the action is unrelated to the cannabis that is |
19 | | possessed, manufactured, transferred, or used under this Act.
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20 | | (l) Mere possession of, or application for, a registry |
21 | | identification card or registration certificate does not |
22 | | constitute probable cause or reasonable suspicion, nor shall it |
23 | | be used as the sole basis to support the search of the person, |
24 | | property, or home of the person possessing or applying for the |
25 | | registry identification card. The possession of, or |
26 | | application for, a registry identification card does not |
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1 | | preclude the existence of probable cause if probable cause |
2 | | exists on other grounds.
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3 | | (m) Nothing in this Act shall preclude local or State law |
4 | | enforcement agencies from searching a registered cultivation |
5 | | center where there is probable cause to believe that the |
6 | | criminal laws of this State have been violated and the search |
7 | | is conducted in conformity with the Illinois Constitution, the |
8 | | Constitution of the United States, and all State statutes.
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9 | | (n) Nothing in this Act shall preclude local or state law |
10 | | enforcement agencies from searching a registered dispensing |
11 | | organization where there is probable cause to believe that the |
12 | | criminal laws of this State have been violated and the search |
13 | | is conducted in conformity with the Illinois Constitution, the |
14 | | Constitution of the United States, and all State statutes.
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15 | | (o) No individual employed by the State of Illinois shall |
16 | | be subject to criminal or civil penalties for taking any action |
17 | | in accordance with the provisions of this Act, when the actions |
18 | | are within the scope of his or her employment. Representation |
19 | | and indemnification of State employees shall be provided to |
20 | | State employees as set forth in Section 2 of the State Employee |
21 | | Indemnification Act.
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22 | | (p) No law enforcement or correctional agency, nor any |
23 | | individual employed by a law enforcement or correctional |
24 | | agency, shall be subject to criminal or civil liability, except |
25 | | for willful and wanton misconduct, as a result of taking any |
26 | | action within the scope of the official duties of the agency or |
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1 | | individual to prohibit or prevent the possession or use of |
2 | | cannabis by a cardholder incarcerated at a correctional |
3 | | facility, jail, or municipal lockup facility, on parole or |
4 | | mandatory supervised release, or otherwise under the lawful |
5 | | jurisdiction of the agency or individual. |
6 | | (Source: P.A. 98-122, eff. 1-1-14; 99-96, eff. 7-22-15 .)".
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