HR0398 94TH GENERAL ASSEMBLY

HR0398 LRB094 12242 HSS 45908 r

HOUSE RESOLUTION

WHEREAS, Modern research suggests that marijuana is a valuable aid in the treatment of a wide range of clinical applications, including pain relief; controlling nausea and vomiting; stimulating appetite in patients suffering from HIV, AIDS wasting syndrome, or the side effects of chemotherapy; and reducing spasticity and other symptoms of movement disorders; and

WHEREAS, Research also shows that marijuana is a powerful appetite stimulant for patients suffering from HIV, AIDS wasting syndrome, chronic pain, or the side effects of chemotherapy; and

WHEREAS, Many medical organizations, including the American Public Health Association, the National Academy of Sciences' Institute of Medicine, the U.S. National Institutes of Health Workshop on Medical Marijuana, the American Nurses Association, and the Illinois Nurses Association have investigated the medical use of marijuana and issued favorable findings; and

WHEREAS, Voters in eight states and the legislatures of two states have recognized the importance of the medical use of marijuana by adopting laws exempting patients who use marijuana under their physicians' supervision from state criminal penalties; and

WHEREAS, The State of Illinois has recognized the legitimacy of the medicinal use of marijuana by enacting Section 11 of the Cannabis Control Act, which establishes procedures for the possession, production, manufacture, and delivery of substances containing marijuana by persons engaged in research and when the authorization is requested by a licensed physician for the treatment of conditions that may benefit from the medicinal use of marijuana; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we find that State law should make a distinction between the medical and non-medical use of marijuana; and be it further

RESOLVED, That the Director of Public Health shall establish a committee to investigate and assess options for legal protection that would allow seriously ill patients to use medical marijuana without facing criminal prosecution under State law; and be it further

RESOLVED, That the committee shall consist of the following members: (i) one representative of the Department of Public Health; (ii) one representative of the Department of Human Services; (iii) two members from the House of Representatives, one chosen by the Speaker of the House and the other by the Minority Leader; (iv) one member of the judiciary; (v) one representative of public defenders; (vi) one representative of the Department of State Police; (vii) two physicians, one of whom shall be a physician specializing in pain management; (viii) one nurse; (ix) one representative of an AIDS advocacy organization; (x) one representative from a health care advocacy organization; (xi) one person living with a serious illness, or the person's representative; (xii) one person experienced in palliative care; and (xiii) one representative of a seriously ill patient's family who serves or who has served as the patient's caregiver; and be it further

RESOLVED, That the Director of Public Health may appoint other non-voting members to ensure that the committee has the necessary expertise and experience to perform its duties; and be it further

RESOLVED, That all agencies and instrumentalities of the State shall assist and cooperate with the committee by providing the committee the information and analysis that the committee deems necessary for the performance of its duties, subject to applicable laws of privilege and confidentiality; the committee shall have all powers necessary to carry out its purposes; and be it further

RESOLVED, That at its first meeting, the committee shall choose a chairperson from among its membership; the Department of Public Health shall provide professional and administrative support for the committee; committee members who are not full-time employees of the State shall be entitled to travel expenses; and be it further

RESOLVED, That the committee must report its findings and recommendations to the Governor and to the General Assembly on or before February 1, 2006; the report shall:

(1) make findings regarding the value of using marijuana to ameliorate symptoms associated with severe illnesses and the treatment of those illnesses, comparing marijuana to related prescription counterparts currently available in the United States or Canada;

(2) summarize the experiences of medical providers, members of the criminal justice system, medical marijuana program administrators, and medical marijuana patients in states that permit the medical use of marijuana;

(3) summarize the effects of the prohibition of medical marijuana on patients in states that currently prohibit it and include in the summary: (i) testimony of persons arrested for using or growing medical marijuana; and (ii) the effects of their experience on their mental and physical health;

(4) identify the methods of providing and procuring marijuana for medical use that (i) reduce the risk of stigma and danger of prosecution for patients; (ii) reduce the risk that marijuana intended for medical uses will be obtained and used for non-medical purposes; and (iii) implement quality control measures that ensure that patients are not harmed by the medical use of marijuana; (iv) ensure proper State regulation of access to medical marijuana that establishes patient access to medical marijuana; and

(5) identify the range of daily marijuana use necessary to accomplish an ameliorative result and what plant limit is needed to cover that range per an individual patient, including in the summary testimony of patients in states where medical marijuana is legal regarding the sufficiency of other states' plant limits; and be it further

RESOLVED, That a copy of this resolution be delivered to the Director of Public Health.