103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1189

 

Introduced 1/31/2023, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/20

    Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, if there is an amount in excess of $12,500,000 in the Compassionate Use of Medical Cannabis Fund on the effective date of the amendatory Act, the State Treasurer shall so certify to the Department of Public Health and the State Comptroller, and the Department of Public Health shall certify to the State Comptroller the names and addresses, as well as any other necessary information, of all medical cannabis patients who made any medical cannabis product purchase in the 180-day period preceding the effective date of the amendatory Act. Provides that the State Comptroller shall determine a refund amount by dividing the amount in excess of $12,500,000 by the number of medical cannabis patients certified by the Department of Public Health, and the State Comptroller shall disburse the refund amount to each medical cannabis patient certified by the Department of Public Health. Provides for the issuance of refunds if there is an amount in excess of $12,500,000 in the Fund on June 30, 2024 or June 30 of any subsequent year. Effective immediately.


LRB103 05715 CPF 50735 b

 

 

A BILL FOR

 

HB1189LRB103 05715 CPF 50735 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Compassionate Use of Medical Cannabis
5Program Act is amended by changing Section 20 as follows:
 
6    (410 ILCS 130/20)
7    Sec. 20. Compassionate Use of Medical Cannabis Fund.
8    (a) There is created the Compassionate Use of Medical
9Cannabis Fund in the State treasury to be used exclusively for
10the direct and indirect costs associated with the
11implementation, administration, and enforcement of this Act
12and for refunds as set forth in subsection (d). Funds in excess
13of the direct and indirect costs associated with the
14implementation, administration, and enforcement of this Act
15shall be used to fund crime prevention programs.
16    (b) All monies collected under this Act shall be deposited
17in the Compassionate Use of Medical Cannabis Fund in the State
18treasury. All earnings received from investment of monies in
19the Compassionate Use of Medical Cannabis Fund shall be
20deposited in the Compassionate Use of Medical Cannabis Fund.
21    (c) Notwithstanding any other law to the contrary, the
22Compassionate Use of Medical Cannabis Fund is not subject to
23sweeps, administrative charge-backs, or any other fiscal or

 

 

HB1189- 2 -LRB103 05715 CPF 50735 b

1budgetary maneuver that would in any way transfer any amounts
2from the Compassionate Use of Medical Cannabis Fund into any
3other fund of the State.
4    (d)(1) If there is an amount in excess of $12,500,000 in
5the Compassionate Use of Medical Cannabis Fund at the close of
6business on the effective date of this amendatory Act of the
7103rd General Assembly, the State Treasurer shall so certify
8to the Department of Public Health and the State Comptroller,
9and the Department of Public Health shall certify to the State
10Comptroller the names and addresses, as well as any other
11necessary information, of all medical cannabis patients who
12made any medical cannabis product purchase in the 180-day
13period preceding the effective date of this amendatory Act of
14the 103rd General Assembly. The State Comptroller shall
15determine a refund amount by dividing the amount in excess of
16$12,500,000 by the number of medical cannabis patients
17certified by the Department of Public Health under this
18paragraph (1). The State Comptroller shall disburse the refund
19amount from the Fund to each medical cannabis patient
20certified by the Department of Public Health under this
21paragraph (1).
22    (2) If there is an amount in excess of $12,500,000 in the
23Compassionate Use of Medical Cannabis Fund at the close of
24business on June 30, 2024 or June 30 of any subsequent year,
25the State Treasurer shall so certify to the Department of
26Public Health and the State Comptroller, and the Department of

 

 

HB1189- 3 -LRB103 05715 CPF 50735 b

1Public Health shall certify to the Comptroller the names and
2addresses, as well as any other necessary information, of all
3medical cannabis patients who made any medical cannabis
4product purchase during the State fiscal year ending on June
530 of that year. The State Comptroller shall determine a
6refund amount by dividing the amount in excess of $12,500,000
7by the number of medical cannabis patients certified by the
8Department of Public Health under this paragraph (2) for that
9year. The State Comptroller shall disburse the refund amount
10from the Fund to each medical cannabis patient certified by
11the Department of Public Health under this paragraph (2).
12(Source: P.A. 98-122, eff. 1-1-14.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.