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1 | AN ACT concerning alternative treatment for serious | ||||||||||||||||||||||||||||
2 | diseases causing chronic pain and debilitating conditions.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||
6 | Alternative Treatment for Serious Diseases Causing Chronic | ||||||||||||||||||||||||||||
7 | Pain and Debilitating Conditions Act. | ||||||||||||||||||||||||||||
8 | Section 5. Findings. | ||||||||||||||||||||||||||||
9 | (a) Modern medical research has discovered beneficial uses | ||||||||||||||||||||||||||||
10 | for marijuana in treating or alleviating the pain, nausea, and | ||||||||||||||||||||||||||||
11 | other symptoms associated with a variety of debilitating | ||||||||||||||||||||||||||||
12 | medical conditions, as found by the National Academy of | ||||||||||||||||||||||||||||
13 | Sciences' Institute of Medicine in March 1999. | ||||||||||||||||||||||||||||
14 | (b) Subsequent studies since the 1999 National Academy of | ||||||||||||||||||||||||||||
15 | Sciences' Institute of Medicine report continue to show the | ||||||||||||||||||||||||||||
16 | therapeutic value of marijuana in treating a wide array of | ||||||||||||||||||||||||||||
17 | debilitating medical conditions, including increasing the | ||||||||||||||||||||||||||||
18 | chances of patients finishing their treatments for HIV/AIDS and | ||||||||||||||||||||||||||||
19 | hepatitis C. | ||||||||||||||||||||||||||||
20 | (c) Data from the Federal Bureau of Investigation's Uniform | ||||||||||||||||||||||||||||
21 | Crime Reports and the Compendium of Federal Justice Statistics | ||||||||||||||||||||||||||||
22 | show that approximately 99 out of every 100 marijuana arrests | ||||||||||||||||||||||||||||
23 | in the U.S. are made under state law, rather than under federal |
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1 | law. Consequently, changing state law will have the practical | ||||||
2 | effect of protecting from arrest the vast majority of seriously | ||||||
3 | ill people who have a medical need to use marijuana. | ||||||
4 | (d) Although federal law currently prohibits any use of | ||||||
5 | marijuana except under very limited circumstances, Alaska, | ||||||
6 | California, Colorado, Hawaii, Maine, Montana, Nevada, New | ||||||
7 | Mexico, Oregon, Vermont, Rhode Island, and Washington have | ||||||
8 | removed state-level criminal penalties from the medical use and | ||||||
9 | cultivation of marijuana. Illinois joins in this effort for the | ||||||
10 | health and welfare of its citizens. | ||||||
11 | (e) States are not required to enforce federal law or | ||||||
12 | prosecute people for engaging in activities prohibited by | ||||||
13 | federal law. Therefore, compliance with this Act does not put | ||||||
14 | the State of Illinois in violation of federal law. | ||||||
15 | (f) State law should make a distinction between the medical | ||||||
16 | and non-medical uses of marijuana. Hence, the purpose of this | ||||||
17 | Act is to protect patients with debilitating medical | ||||||
18 | conditions, as well as their practitioners and primary | ||||||
19 | caregivers, from arrest and prosecution, criminal and other | ||||||
20 | penalties, and property forfeiture if such patients engage in | ||||||
21 | the medical use of marijuana. | ||||||
22 | (g) The people of the State of Illinois declare that they | ||||||
23 | enact this Act pursuant to the police power to protect the | ||||||
24 | health of its citizens that is reserved to the State of | ||||||
25 | Illinois and its people under the 10th Amendment to the United | ||||||
26 | States Constitution. |
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1 | Section 10. Definitions. The following terms, as used in | ||||||
2 | this Act, shall have the meanings set forth in this Section: | ||||||
3 | (a) "Cardholder" means a qualifying patient or a primary | ||||||
4 | caregiver who has been issued and possesses a valid registry | ||||||
5 | identification card. | ||||||
6 | (b) "Debilitating medical condition" means one or more of | ||||||
7 | the following: | ||||||
8 | (1) cancer, glaucoma, positive status for human | ||||||
9 | immunodeficiency virus, acquired immune deficiency | ||||||
10 | syndrome, hepatitis C, amyotrophic lateral sclerosis, | ||||||
11 | Crohn's disease, agitation of Alzheimer's disease, nail | ||||||
12 | patella, or the treatment of these conditions; | ||||||
13 | (2) a chronic or debilitating disease or medical | ||||||
14 | condition or its treatment that produces one or more of the | ||||||
15 | following: cachexia or wasting syndrome; severe pain; | ||||||
16 | severe nausea; seizures, including but not limited to those | ||||||
17 | characteristic of epilepsy; or severe and persistent | ||||||
18 | muscle spasms, including but not limited to those | ||||||
19 | characteristic of multiple sclerosis; or | ||||||
20 | (3) any other medical condition or its treatment | ||||||
21 | approved by the Department, as provided for in subsection | ||||||
22 | (a) of Section 20. | ||||||
23 | (c) "Department" means the Department of Public Health, or | ||||||
24 | its successor agency. | ||||||
25 | (d) "Enclosed, locked facility" means a closet, room, |
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1 | greenhouse, or other enclosed area equipped with locks or other | ||||||
2 | security devices that permit access only by a registered | ||||||
3 | primary caregiver or registered qualifying patient. | ||||||
4 | (e) "Felony drug offense" means a violation of a state or | ||||||
5 | federal controlled substance law that was classified as a | ||||||
6 | felony in the jurisdiction where the person was convicted. It | ||||||
7 | does not include: | ||||||
8 | (1) an offense for which the sentence, including any | ||||||
9 | term of probation, incarceration, or supervised release, | ||||||
10 | was completed 10 or more years earlier; or | ||||||
11 | (2) an offense that involved conduct that would have | ||||||
12 | been permitted under this Act. | ||||||
13 | (f) "Marijuana" has the meaning given to the term cannabis | ||||||
14 | in Section 3 of the Cannabis Control Act. | ||||||
15 | (g) "Medical use" means the acquisition, possession, | ||||||
16 | cultivation, manufacture, use, delivery, transfer, or | ||||||
17 | transportation of marijuana or paraphernalia relating to the | ||||||
18 | administration of marijuana to treat or alleviate a registered | ||||||
19 | qualifying patient's debilitating medical condition or | ||||||
20 | symptoms associated with the patient's debilitating medical | ||||||
21 | condition. | ||||||
22 | (h) "Practitioner" means a person who is licensed with | ||||||
23 | authority to prescribe drugs under Article III of the Illinois | ||||||
24 | Controlled Substance Act. | ||||||
25 | (i) "Primary caregiver" means a person who is at least 21 | ||||||
26 | years old, who has agreed to assist with a patient's medical |
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1 | use of marijuana, and who has never been convicted of a felony | ||||||
2 | drug offense. A primary caregiver may assist no more than 5 | ||||||
3 | qualifying patients with their medical use of marijuana. | ||||||
4 | (j) "Qualifying patient" means a person who has been | ||||||
5 | diagnosed by a practitioner as having a debilitating medical | ||||||
6 | condition. | ||||||
7 | (k) "Registry identification card" means a document issued | ||||||
8 | by the Department that identifies a person as a registered | ||||||
9 | qualifying patient or registered primary caregiver. | ||||||
10 | (l) "Usable marijuana" means the dried leaves and flowers | ||||||
11 | of the marijuana plant, and any mixture or preparation thereof, | ||||||
12 | but does not include the seeds, stalks, and roots of the plant | ||||||
13 | and does not include the weight of other ingredients in | ||||||
14 | marijuana prepared for consumption as food. | ||||||
15 | (m) "Visiting qualifying patient" means a patient who is | ||||||
16 | not a resident of Illinois or who has been a resident of | ||||||
17 | Illinois less than 30 days. | ||||||
18 | (n) "Written certification" means a document signed by a | ||||||
19 | practitioner, stating that in the practitioner's professional | ||||||
20 | opinion the patient is likely to receive therapeutic or | ||||||
21 | palliative benefit from the medical use of marijuana to treat | ||||||
22 | or alleviate the patient's debilitating medical condition or | ||||||
23 | symptoms associated with the debilitating medical condition. A | ||||||
24 | written certification shall be made only in the course of a | ||||||
25 | bona fide practitioner-patient relationship after the | ||||||
26 | practitioner has completed a full assessment of the qualifying |
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1 | patient's medical history. The written certification shall | ||||||
2 | specify the qualifying patient's debilitating medical | ||||||
3 | condition. | ||||||
4 | Section 15. Protections for the medical use of marijuana. | ||||||
5 | (a) A qualifying patient who has been issued and possesses | ||||||
6 | a registry identification card shall not be subject to arrest, | ||||||
7 | prosecution, or penalty in any manner, or denied any right or | ||||||
8 | privilege, including but not limited to civil penalty or | ||||||
9 | disciplinary action by a business or occupational or | ||||||
10 | professional licensing board or bureau, for the medical use of | ||||||
11 | marijuana in accordance with this Act, provided that the | ||||||
12 | qualifying patient possesses an amount of marijuana that does | ||||||
13 | not exceed 12 marijuana plants and two-and-one-half ounces of | ||||||
14 | usable marijuana. Such plants shall be kept in an enclosed, | ||||||
15 | locked facility, unless they are being transported because the | ||||||
16 | qualifying patient is moving or if they are being transported | ||||||
17 | to the qualifying patient's property. Any incidental amount of | ||||||
18 | seeds, stalks, and unusable roots shall also be allowed under | ||||||
19 | state law and shall not be included in this amount. | ||||||
20 | (b) A primary caregiver who has been issued and possesses a | ||||||
21 | registry identification card shall not be subject to arrest, | ||||||
22 | prosecution, or penalty in any manner, or denied any right or | ||||||
23 | privilege, including but not limited to civil penalty or | ||||||
24 | disciplinary action by a business or occupational or | ||||||
25 | professional licensing board or bureau, for assisting a |
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1 | qualifying patient to whom he or she is connected through the | ||||||
2 | Department's registration process with the medical use of | ||||||
3 | marijuana in accordance with this Act, provided that the | ||||||
4 | primary caregiver possesses an amount of marijuana that does | ||||||
5 | not exceed 12 marijuana plants and two-and-one-half ounces of | ||||||
6 | usable marijuana for each qualifying patient to whom he or she | ||||||
7 | is connected through the Department's registration process. | ||||||
8 | Such plants shall be kept in an enclosed, locked facility, | ||||||
9 | unless they are being transported because the primary caregiver | ||||||
10 | is moving or if they are being transported to a primary | ||||||
11 | caregiver's or a qualifying patient's property. Any incidental | ||||||
12 | amount of seeds, stalks, and unusable roots shall also be | ||||||
13 | allowed under state law and shall not be included in this | ||||||
14 | amount. | ||||||
15 | (c) (1) There shall be a presumption that a qualifying | ||||||
16 | patient or primary caregiver is engaged in the medical use of | ||||||
17 | marijuana in accordance with this Act if the qualifying patient | ||||||
18 | or primary caregiver: | ||||||
19 | (A) is in possession of a registry identification | ||||||
20 | card; and | ||||||
21 | (B) is in possession of an amount of marijuana that | ||||||
22 | does not exceed the amount allowed under this Act. | ||||||
23 | (2) The presumption may be rebutted by evidence that | ||||||
24 | conduct related to marijuana was not for the purpose of | ||||||
25 | treating or alleviating the qualifying patient's | ||||||
26 | debilitating medical condition or symptoms associated with |
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1 | the debilitating medical condition, in accordance with | ||||||
2 | this Act. | ||||||
3 | (d) A cardholder shall not be subject to arrest, | ||||||
4 | prosecution, or penalty in any manner, or denied any right or | ||||||
5 | privilege, including but not limited to civil penalty or | ||||||
6 | disciplinary action by a business or occupational or | ||||||
7 | professional licensing board or bureau, for giving marijuana to | ||||||
8 | a registered qualifying patient or a registered primary | ||||||
9 | caregiver for the registered qualifying patient's medical use | ||||||
10 | where nothing of value is transferred in return, or to offer to | ||||||
11 | do the same. | ||||||
12 | (e) No school, employer, or landlord may refuse to enroll | ||||||
13 | or employ or lease to, or otherwise penalize a person solely | ||||||
14 | for his or her status as a registered qualifying patient or a | ||||||
15 | registered primary caregiver, unless failing to do so would put | ||||||
16 | the school, employer, or landlord in violation of federal law | ||||||
17 | or cause it to lose a federal contract or funding. | ||||||
18 | (f) A person shall not be denied custody or visitation of a | ||||||
19 | minor for acting in accordance with this Act, unless the | ||||||
20 | person's behavior is such that it creates an unreasonable | ||||||
21 | danger to the minor that can be clearly articulated and | ||||||
22 | substantiated. | ||||||
23 | (g) A registered primary caregiver may receive | ||||||
24 | compensation for costs associated with assisting a registered | ||||||
25 | qualifying patient's medical use of marijuana, provided that | ||||||
26 | registered primary caregiver is connected to the registered |
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1 | qualifying patient through the Department's registration | ||||||
2 | process. Any such compensation shall not constitute the sale of | ||||||
3 | controlled substances. | ||||||
4 | (h) A practitioner shall not be subject to arrest, | ||||||
5 | prosecution, or penalty in any manner, or denied any right or | ||||||
6 | privilege, including but not limited to civil penalty or | ||||||
7 | disciplinary action by the Medical Disciplinary Board or by any | ||||||
8 | other business or occupational or professional licensing board | ||||||
9 | or bureau, solely for providing written certifications or for | ||||||
10 | otherwise stating that, in the practitioner's professional | ||||||
11 | opinion, a patient is likely to receive therapeutic benefit | ||||||
12 | from the medical use of marijuana to treat or alleviate the | ||||||
13 | patient's serious or debilitating medical condition or | ||||||
14 | symptoms associated with the serious or debilitating medical | ||||||
15 | condition, provided that nothing shall prevent a professional | ||||||
16 | licensing board from sanctioning a practitioner for failing to | ||||||
17 | properly evaluate a patient's medical condition or otherwise | ||||||
18 | violating the standard of care for evaluating medical | ||||||
19 | conditions. | ||||||
20 | (i) A person shall not be subject to arrest, prosecution, | ||||||
21 | or penalty in any manner, or denied any right or privilege, | ||||||
22 | including but not limited to civil penalty or disciplinary | ||||||
23 | action by a business or occupational or professional licensing | ||||||
24 | board or bureau, for providing a registered qualifying patient | ||||||
25 | or a registered primary caregiver with marijuana paraphernalia | ||||||
26 | for purposes of a qualifying patient's medical use of |
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1 | marijuana. | ||||||
2 | (j)(1) Any marijuana, marijuana paraphernalia, licit | ||||||
3 | property, or interest in licit property that is possessed, | ||||||
4 | owned, or used in connection with the medical use of marijuana, | ||||||
5 | as allowed under this Act, or acts incidental to such use, | ||||||
6 | shall not be seized or forfeited. | ||||||
7 | (2) A law enforcement agency that seizes and does not | ||||||
8 | return marijuana that is possessed in accordance with this | ||||||
9 | Act by a registered qualifying patient or a registered | ||||||
10 | primary caregiver shall be liable to the cardholder for the | ||||||
11 | fair market value of the marijuana. | ||||||
12 | (k) A person shall not be subject to arrest, prosecution, | ||||||
13 | or penalty in any manner, or denied any right or privilege, | ||||||
14 | including but not limited to civil penalty or disciplinary | ||||||
15 | action by a business or occupational or professional licensing | ||||||
16 | board or bureau, simply for being in the presence or vicinity | ||||||
17 | of the medical use of marijuana as allowed under this Act, or | ||||||
18 | for assisting a registered qualifying patient with using or | ||||||
19 | administering marijuana. | ||||||
20 | (l) A registry identification card, or its equivalent, that | ||||||
21 | is issued under the laws of another state, district, territory, | ||||||
22 | commonwealth, or insular possession of the United States that | ||||||
23 | allows the medical use of marijuana by a visiting qualifying | ||||||
24 | patient, shall have the same force and effect as a registry | ||||||
25 | identification card issued by the Department. | ||||||
26 | (m) Any cardholder who sells marijuana to a person who is |
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1 | not allowed to use marijuana for medical purposes under this | ||||||
2 | Act shall have his or her registry identification card revoked, | ||||||
3 | and is liable for any other penalties for the sale of | ||||||
4 | marijuana. The Department may revoke the registry | ||||||
5 | identification card of any cardholder who violates this Act, | ||||||
6 | and the cardholder shall be liable for any other penalties for | ||||||
7 | the violation. | ||||||
8 | Section 20. Department to issue rules. | ||||||
9 | (a) Not later than 120 days after the effective date of | ||||||
10 | this Act, the Department shall promulgate rules governing the | ||||||
11 | manner in which it shall consider petitions from the public to | ||||||
12 | add debilitating medical conditions to the list of debilitating | ||||||
13 | medical conditions set forth in subsection (b) of Section 10 of | ||||||
14 | this Act. In considering such petitions, the Department shall | ||||||
15 | include public notice of, and an opportunity to comment in a | ||||||
16 | public hearing upon, such petitions. The Department shall, | ||||||
17 | after hearing, approve or deny such petitions within 180 days | ||||||
18 | of submission of the petition. The approval or denial of such a | ||||||
19 | petition shall be considered a final Department action, subject | ||||||
20 | to judicial review. Jurisdiction and venue for judicial review | ||||||
21 | are vested in the Circuit Court. | ||||||
22 | (b) Not later than 120 days after the effective date of | ||||||
23 | this Act, the Department shall promulgate rules governing the | ||||||
24 | manner in which it shall consider applications for and renewals | ||||||
25 | of registry identification cards for qualifying patients and |
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1 | primary caregivers. The Department's rules shall establish | ||||||
2 | application and renewal fees that generate revenues sufficient | ||||||
3 | to offset all expenses of implementing and administering this | ||||||
4 | Act. The Department may establish a sliding scale of | ||||||
5 | application and renewal fees based upon a qualifying patient's | ||||||
6 | family income. The Department may accept donations from private | ||||||
7 | sources in order to reduce the application and renewal fees. | ||||||
8 | Section 25. Administering the Department's rules. | ||||||
9 | (a) The Department shall issue registry identification | ||||||
10 | cards to qualifying patients who submit the following, in | ||||||
11 | accordance with the Department's rules: | ||||||
12 | (1) written certification; | ||||||
13 | (2) application or renewal fee; | ||||||
14 | (3) name, address, and date of birth of the qualifying | ||||||
15 | patient, except that if the applicant is homeless, no | ||||||
16 | address is required; | ||||||
17 | (4) name, address, and telephone number of the | ||||||
18 | qualifying patient's practitioner; and | ||||||
19 | (5) name, address, and date of birth of each primary | ||||||
20 | caregiver, if any, of the qualifying patient. | ||||||
21 | (b) The Department shall not issue a registry | ||||||
22 | identification card to a qualifying patient who is under the | ||||||
23 | age of 18 unless: | ||||||
24 | (1) The qualifying patient's practitioner has | ||||||
25 | explained the potential risks and benefits of the medical |
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1 | use of marijuana to the qualifying patient and to a parent, | ||||||
2 | guardian, or person having legal custody of the qualifying | ||||||
3 | patient; and | ||||||
4 | (2) The parent, guardian, or person having legal | ||||||
5 | custody consents in writing to: | ||||||
6 | (A) allow the qualifying patient's medical use of | ||||||
7 | marijuana; | ||||||
8 | (B) serve as one of the qualifying patient's | ||||||
9 | primary caregivers; and | ||||||
10 | (C) control the acquisition of the marijuana, the | ||||||
11 | dosage, and the frequency of the medical use of | ||||||
12 | marijuana by the qualifying patient. | ||||||
13 | (c) The Department shall verify the information contained | ||||||
14 | in an application or renewal submitted pursuant to this | ||||||
15 | Section, and shall approve or deny an application or renewal | ||||||
16 | within 15 days of receiving it. The Department may deny an | ||||||
17 | application or renewal only if the applicant did not provide | ||||||
18 | the information required pursuant to this Section, or if the | ||||||
19 | Department determines that the information provided was | ||||||
20 | falsified. Rejection of an application or renewal is considered | ||||||
21 | a final Department action, subject to judicial review. | ||||||
22 | Jurisdiction and venue for judicial review are vested in the | ||||||
23 | Illinois Circuit Court. | ||||||
24 | (d) The Department shall issue a registry identification | ||||||
25 | card to each primary caregiver, if any, who is named in a | ||||||
26 | qualifying patient's approved application, up to a maximum of 2 |
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1 | primary caregivers per qualifying patient. | ||||||
2 | (e) The Department shall issue registry identification | ||||||
3 | cards within 5 days of approving an application or renewal, | ||||||
4 | which shall expire one year after the date of issuance. | ||||||
5 | Registry identification cards shall contain all of the | ||||||
6 | following: | ||||||
7 | (1) Name, address, and date of birth of the qualifying | ||||||
8 | patient; | ||||||
9 | (2) Name, address, and date of birth of each primary | ||||||
10 | caregiver, if any, of the qualifying patient; | ||||||
11 | (3) The date of issuance and expiration date of the | ||||||
12 | registry identification card; | ||||||
13 | (4) A random identification number that is unique to | ||||||
14 | the cardholder; and | ||||||
15 | (5) A photograph, if the Department decides to require | ||||||
16 | one. | ||||||
17 | (f)(1) A registered qualifying patient shall notify the | ||||||
18 | Department of any change in the registered qualifying patient's | ||||||
19 | name, address, or primary caregiver, or if the registered | ||||||
20 | qualifying patient ceases to have his or her debilitating | ||||||
21 | medical condition, within 10 days of such change. | ||||||
22 | (2) A registered qualifying patient who fails to notify | ||||||
23 | the Department of any of these changes is responsible for a | ||||||
24 | civil infraction, punishable by a fine of no more than | ||||||
25 | $150. If the registered qualifying patient's certifying | ||||||
26 | practitioner notifies the Department in writing that the |
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1 | registered qualifying patient has ceased to suffer from a | ||||||
2 | debilitating medical condition, the card shall become null | ||||||
3 | and void upon notification by the Department to the | ||||||
4 | qualifying patient. | ||||||
5 | (3) A registered primary caregiver shall notify the | ||||||
6 | Department of any change in his or her name or address | ||||||
7 | within 10 days of such change. A registered primary | ||||||
8 | caregiver who fails to notify the Department of any of | ||||||
9 | these changes is responsible for a civil infraction, | ||||||
10 | punishable by a fine of no more than $150. | ||||||
11 | (4) When a registered qualifying patient or registered | ||||||
12 | primary caregiver notifies the Department of any changes | ||||||
13 | listed in this subsection, the Department shall issue the | ||||||
14 | registered qualifying patient and each registered primary | ||||||
15 | caregiver a new registry identification card within 10 days | ||||||
16 | of receiving the updated information and a $10 fee. | ||||||
17 | (5) When a registered qualifying patient changes his or | ||||||
18 | her registered primary caregiver, the Department shall | ||||||
19 | notify the primary caregiver within 10 days. The registered | ||||||
20 | primary caregiver's protections as provided in this Act | ||||||
21 | shall expire 10 days after notification by the Department. | ||||||
22 | (6) If a registered qualifying patient or registered | ||||||
23 | primary caregiver loses his or her registry identification | ||||||
24 | card, he or she shall notify the Department and submit a | ||||||
25 | $10 fee within 10 days of losing the card. Within 5 days | ||||||
26 | after such notification, the Department shall issue a new |
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1 | registry identification card with a new random | ||||||
2 | identification number. | ||||||
3 | (g) Possession of, or application for, a registry | ||||||
4 | identification card shall not constitute probable cause or | ||||||
5 | reasonable suspicion, nor shall it be used to support the | ||||||
6 | search of the person or property of the person possessing or | ||||||
7 | applying for the registry identification card. | ||||||
8 | (h) The following confidentiality rules shall apply: | ||||||
9 | (1) Applications and supporting information submitted | ||||||
10 | by qualifying patients, including information regarding | ||||||
11 | their primary caregivers and practitioners, are | ||||||
12 | confidential. | ||||||
13 | (2) The Department shall maintain a confidential list | ||||||
14 | of the persons to whom the Department has issued registry | ||||||
15 | identification cards. Individual names and other | ||||||
16 | identifying information on the list shall be confidential, | ||||||
17 | exempt from the Freedom of Information Act, and not subject | ||||||
18 | to disclosure, except to authorized employees of the | ||||||
19 | Department as necessary to perform official duties of the | ||||||
20 | Department. | ||||||
21 | (3) The Department shall verify to law enforcement | ||||||
22 | personnel whether a registry identification card is valid, | ||||||
23 | without disclosing more information than is reasonably | ||||||
24 | necessary to verify the authenticity of the registry | ||||||
25 | identification card. | ||||||
26 | (4) It is a Class B misdemeanor for any person, |
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1 | including an employee or official of the Department or | ||||||
2 | another state agency or local government, to breach the | ||||||
3 | confidentiality of information obtained pursuant to this | ||||||
4 | Act. Notwithstanding this provision, Department employees | ||||||
5 | may notify law enforcement about falsified or fraudulent | ||||||
6 | information submitted to the Department, so long as the | ||||||
7 | employee who suspects that falsified or fraudulent | ||||||
8 | information has been submitted confers with his or her | ||||||
9 | supervisor (or at least one other employee of the | ||||||
10 | Department) and both agree that circumstances exist that | ||||||
11 | warrant reporting. | ||||||
12 | (i) The Department shall submit to the General Assembly an | ||||||
13 | annual report that does not disclose any identifying | ||||||
14 | information about qualifying patients, primary caregivers, or | ||||||
15 | practitioners, but does contain, at a minimum, all of the | ||||||
16 | following information: | ||||||
17 | (1) The number of applications and renewals filed for | ||||||
18 | registry identification cards. | ||||||
19 | (2) The number of qualifying patients and primary | ||||||
20 | caregivers approved in each county. | ||||||
21 | (3) The nature of the debilitating medical conditions | ||||||
22 | of the qualifying patients. | ||||||
23 | (4) The number of registry identification cards | ||||||
24 | revoked. | ||||||
25 | (5) The number of practitioners providing written | ||||||
26 | certifications for qualifying patients. |
| |||||||
| |||||||
1 | (j) Where a state-funded or locally funded law enforcement | ||||||
2 | agency encounters an individual who, during the course of the | ||||||
3 | investigation, credibly asserts that he or she is a registered | ||||||
4 | qualifying patient or registered primary caregiver, the law | ||||||
5 | enforcement agency shall not provide any information from any | ||||||
6 | marijuana-related investigation of the person to any law | ||||||
7 | enforcement authority that does not recognize the protection of | ||||||
8 | this Act and any prosecution of the individual for a violation | ||||||
9 | of this Act shall be conducted pursuant to the laws of this | ||||||
10 | State. | ||||||
11 | Section 30. Scope of Act. | ||||||
12 | (a) This Act shall not permit any person to do any of the | ||||||
13 | following: | ||||||
14 | (1) Undertake any task under the influence of | ||||||
15 | marijuana, when doing so would constitute negligence or | ||||||
16 | professional malpractice. | ||||||
17 | (2) Possess marijuana, or otherwise engage in the | ||||||
18 | medical use of marijuana: | ||||||
19 | (A) in a school bus; | ||||||
20 | (B) on the grounds of any preschool or primary or | ||||||
21 | secondary school; or | ||||||
22 | (C) in any correctional facility. | ||||||
23 | (3) Smoke marijuana: | ||||||
24 | (A) on any form of public transportation; or | ||||||
25 | (B) in any public place. |
| |||||||
| |||||||
1 | (4) Operate, navigate, or be in actual physical control | ||||||
2 | of any motor vehicle, aircraft, or motorboat while under | ||||||
3 | the influence of marijuana. However, a registered | ||||||
4 | qualifying patient shall not be considered to be under the | ||||||
5 | influence of marijuana solely because of the presence of | ||||||
6 | metabolites or components of marijuana that appear in | ||||||
7 | insufficient concentration to cause impairment. | ||||||
8 | (b) Nothing in this Act shall be construed to require: | ||||||
9 | (1) A government medical assistance program or private | ||||||
10 | health insurer to reimburse a person for costs associated | ||||||
11 | with the medical use of marijuana; or | ||||||
12 | (2) An employer to accommodate the ingestion of | ||||||
13 | marijuana in any workplace or any employee working while | ||||||
14 | under the influence of marijuana, provided that a | ||||||
15 | qualifying patient shall not be considered to be under the | ||||||
16 | influence of marijuana solely because of the presence of | ||||||
17 | metabolites or components of marijuana that appear in | ||||||
18 | insufficient concentration to cause impairment. | ||||||
19 | (c) Fraudulent representation to a law enforcement | ||||||
20 | official of any fact or circumstance relating to the medical | ||||||
21 | use of marijuana to avoid arrest or prosecution is a petty | ||||||
22 | offense punishable by a fine of $500, which shall be in | ||||||
23 | addition to any other penalties that may apply for making a | ||||||
24 | false statement or for the use of marijuana other than use | ||||||
25 | undertaken pursuant to this Act. |
| |||||||
| |||||||
1 | Section 35. Affirmative defense and dismissal for medical | ||||||
2 | marijuana. | ||||||
3 | (a) Except as provided in Section 30, a patient and a | ||||||
4 | patient's primary caregiver, if any, may assert the medical | ||||||
5 | purpose for using marijuana as a defense to any prosecution | ||||||
6 | involving marijuana, and this defense shall be presumed valid | ||||||
7 | where the evidence shows that: | ||||||
8 | (1) A practitioner has stated that, in the | ||||||
9 | practitioner's professional opinion, after having | ||||||
10 | completed a full assessment of the patient's medical | ||||||
11 | history and current medical condition made in the course of | ||||||
12 | a bona fide practitioner-patient relationship, the patient | ||||||
13 | is likely to receive therapeutic or palliative benefit from | ||||||
14 | the medical use of marijuana to treat or alleviate the | ||||||
15 | patient's serious or debilitating medical condition or | ||||||
16 | symptoms associated with the patient's serious or | ||||||
17 | debilitating medical condition; and | ||||||
18 | (2) The patient and the patient's primary caregiver, if | ||||||
19 | any, were collectively in possession of a quantity of | ||||||
20 | marijuana that was not more than was reasonably necessary | ||||||
21 | to ensure the uninterrupted availability of marijuana for | ||||||
22 | the purpose of treating or alleviating the patient's | ||||||
23 | serious or debilitating medical condition or symptoms | ||||||
24 | associated with the patient's serious or debilitating | ||||||
25 | medical condition; and | ||||||
26 | (3) The patient and the patient's primary caregiver, if |
| |||||||
| |||||||
1 | any, were engaged in the acquisition, possession, | ||||||
2 | cultivation, manufacture, use, delivery, transfer, or | ||||||
3 | transportation of marijuana or paraphernalia relating to | ||||||
4 | the administration of marijuana to treat or alleviate the | ||||||
5 | patient's serious or debilitating medical condition or | ||||||
6 | symptoms associated with the patient's serious or | ||||||
7 | debilitating medical condition. | ||||||
8 | (b) A person may assert the medical purpose for using | ||||||
9 | marijuana in a motion to dismiss, and the charges shall be | ||||||
10 | dismissed following an evidentiary hearing where the person | ||||||
11 | shows the elements listed in subsection (a). | ||||||
12 | (c) If a patient or a patient's primary caregiver | ||||||
13 | demonstrates the patient's medical purpose for using marijuana | ||||||
14 | pursuant to this Section, the patient and the patient's primary | ||||||
15 | caregiver shall not be subject to the following for the | ||||||
16 | patient's use of marijuana for medical purposes: | ||||||
17 | (1) disciplinary action by a business or occupational | ||||||
18 | or professional licensing board or bureau; or | ||||||
19 | (2) forfeiture of any interest in or right to property. | ||||||
20 | Section 40. Enforcement of this Act. | ||||||
21 | (a) If the Department fails to adopt rules to implement | ||||||
22 | this Act within 120 days of the effective date of this Act, a | ||||||
23 | qualifying patient may commence an action in the Circuit Court | ||||||
24 | to compel the Department to perform the actions mandated | ||||||
25 | pursuant to the provisions of this Act. |
| |||||||
| |||||||
1 | (b) If the Department fails to issue a valid registry | ||||||
2 | identification card in response to a valid application or | ||||||
3 | renewal submitted pursuant to this Act within 20 days of its | ||||||
4 | submission, the registry identification card shall be deemed | ||||||
5 | granted, and a copy of the registry identification application | ||||||
6 | or renewal shall be deemed a valid registry identification | ||||||
7 | card. | ||||||
8 | (c) If at any time after the 140 days following the | ||||||
9 | effective date of this Act the Department is not accepting | ||||||
10 | applications, including if it has not created rules allowing | ||||||
11 | qualifying patients to submit applications, a notarized | ||||||
12 | statement by a qualifying patient containing the information | ||||||
13 | required in an application, pursuant to clauses (a)(2) through | ||||||
14 | (a)(5) of Section 25 together with a written certification | ||||||
15 | shall be deemed a valid registry identification card. | ||||||
16 | Section 45. Medical marijuana organization. | ||||||
17 | (a) Definition. For purposes of this Section, "medical | ||||||
18 | marijuana organization" means an entity registered under this | ||||||
19 | Section that acquires, possesses, cultivates, manufactures, | ||||||
20 | delivers, transfers, transports, supplies, or dispenses | ||||||
21 | marijuana, or related supplies and educational materials, to | ||||||
22 | registered qualifying patients and their registered primary | ||||||
23 | caregivers. A medical marijuana organization is a primary | ||||||
24 | caregiver. All provisions of this Act pertaining to a primary | ||||||
25 | caregiver shall apply to a medical marijuana organization |
| |||||||
| |||||||
1 | unless they conflict with a provision contained in this | ||||||
2 | Section. A medical marijuana organization shall supply | ||||||
3 | marijuana to any number of registered qualifying patients who | ||||||
4 | have designated it as one of their primary caregivers. | ||||||
5 | (b) Registration requirements. | ||||||
6 | (1) The Department shall register a medical marijuana | ||||||
7 | organization and issue a registration certificate within | ||||||
8 | 20 days to any person or entity that provides: | ||||||
9 | (A) A fee paid to the Department in the amount of | ||||||
10 | $5,000; | ||||||
11 | (B) The legal name of the medical marijuana | ||||||
12 | organization; | ||||||
13 | (C) The physical address of the medical marijuana | ||||||
14 | organization and the physical address of one | ||||||
15 | additional location, if any, where marijuana will be | ||||||
16 | cultivated; | ||||||
17 | (D) The name, address, and date of birth of each | ||||||
18 | principal officer and board member of the medical | ||||||
19 | marijuana organization; | ||||||
20 | (E) The name, address, and date of birth of any | ||||||
21 | person who is an agent of or employed by the medical | ||||||
22 | marijuana organization. | ||||||
23 | (2) The Department shall track the number of registered | ||||||
24 | qualifying patients who designate each medical marijuana | ||||||
25 | organization as a primary caregiver, and issue a written | ||||||
26 | statement to the medical marijuana organization of the |
| |||||||
| |||||||
1 | number of qualifying patients who have designated the | ||||||
2 | medical marijuana organization to serve as a primary | ||||||
3 | caregiver for them. This statement shall be updated each | ||||||
4 | time a new registered qualifying patient designates the | ||||||
5 | medical marijuana organization or ceases to designate the | ||||||
6 | medical marijuana organization and may be transmitted | ||||||
7 | electronically if the Department's rules so provide. The | ||||||
8 | Department may provide by rule that the updated written | ||||||
9 | statements will not be issued more frequently than twice | ||||||
10 | each week. | ||||||
11 | (3) The Department shall issue each principal officer, | ||||||
12 | board member, agent, and employee of a medical marijuana | ||||||
13 | organization a registry identification card within 10 days | ||||||
14 | of receipt of the person's name, address, date of birth, | ||||||
15 | and a fee in an amount established by the Department. Each | ||||||
16 | card shall specify that the cardholder is a principal | ||||||
17 | officer, board member, agent, or employee of a medical | ||||||
18 | marijuana organization and shall contain the following: | ||||||
19 | (A) The name, address, and date of birth of the | ||||||
20 | principal officer, board member, agent or employee; | ||||||
21 | (B) The legal name of the medical marijuana | ||||||
22 | organization to which the principal officer, board | ||||||
23 | member, agent, or employee is affiliated; | ||||||
24 | (C) A random identification number that is unique | ||||||
25 | to the cardholder; | ||||||
26 | (D) The date of issuance and expiration date of the |
| |||||||
| |||||||
1 | registry identification card; and | ||||||
2 | (E) A photograph, if the Department decides to | ||||||
3 | require one. | ||||||
4 | (4) The Department shall not issue a registry | ||||||
5 | identification card to any principal officer, board | ||||||
6 | member, agent, or employee of a medical marijuana | ||||||
7 | organization who has been convicted of a felony drug | ||||||
8 | offense. The Department may conduct a background check of | ||||||
9 | each principal officer, board member, agent, or employee in | ||||||
10 | order to carry out this provision. The Department shall | ||||||
11 | notify the medical marijuana organization in writing of the | ||||||
12 | purpose for denying the registry identification card. | ||||||
13 | However, the Department shall grant such person a registry | ||||||
14 | identification card if the Department determines that the | ||||||
15 | person's conviction was for the medical use of marijuana or | ||||||
16 | assisting with the medical use of marijuana. | ||||||
17 | (c) Authority of the Department. Not later than 120 days | ||||||
18 | after the effective date of this Act, the Department shall | ||||||
19 | promulgate rules governing the manner in which it shall | ||||||
20 | consider applications for and renewals of registration | ||||||
21 | certificates for medical marijuana organizations, including | ||||||
22 | rules governing: | ||||||
23 | (1) The form and content of registration and renewal | ||||||
24 | applications; | ||||||
25 | (2) Minimum oversight requirements for medical | ||||||
26 | marijuana organizations; |
| |||||||
| |||||||
1 | (3) Minimum record-keeping requirements for medical | ||||||
2 | marijuana organizations; | ||||||
3 | (4) Minimum security requirements for medical | ||||||
4 | marijuana organizations; and | ||||||
5 | (5) Procedures for suspending or terminating the | ||||||
6 | registration of medical marijuana organizations that | ||||||
7 | violate the provisions of this Section or the rules | ||||||
8 | promulgated pursuant to this subsection. | ||||||
9 | (d) Expiration. A medical marijuana organization | ||||||
10 | registration certificate and the registry identification card | ||||||
11 | for each principal officer, board member, agent, or employee | ||||||
12 | shall expire one year after the date of issuance. The | ||||||
13 | Department shall issue a renewal medical marijuana | ||||||
14 | organization registration certificate and renewal registry | ||||||
15 | identification cards within 10 days to any person who complies | ||||||
16 | with the requirements contained in subsection (b) of this | ||||||
17 | Section. | ||||||
18 | (e) Inspection. Medical marijuana organizations are | ||||||
19 | subject to reasonable inspection by the Department. The | ||||||
20 | Department shall give reasonable notice of an inspection under | ||||||
21 | this subsection. | ||||||
22 | (f) Medical marijuana organization requirements. | ||||||
23 | (1) A medical marijuana organization may not be located | ||||||
24 | within 500 feet of the property line of a preexisting | ||||||
25 | public or private school. | ||||||
26 | (2) A medical marijuana organization shall notify the |
| |||||||
| |||||||
1 | Department within 10 days of when a principal officer, | ||||||
2 | board member, agent, or employee ceases to work at the | ||||||
3 | medical marijuana organization. | ||||||
4 | (3) A medical marijuana organization shall notify the | ||||||
5 | Department in writing of the name, address, and date of | ||||||
6 | birth of any new principal officer, board member, agent, or | ||||||
7 | employee and shall submit a fee in an amount established by | ||||||
8 | the Department for a new registry identification card | ||||||
9 | before a new agent or employee begins working at the | ||||||
10 | medical marijuana organization. | ||||||
11 | (4) A medical marijuana organization shall implement | ||||||
12 | appropriate security measures to deter and prevent | ||||||
13 | unauthorized entrance into areas containing marijuana and | ||||||
14 | the theft of marijuana. | ||||||
15 | (5) The operating documents of a medical marijuana | ||||||
16 | organization shall include procedures for the oversight of | ||||||
17 | the medical marijuana organization and procedures to | ||||||
18 | ensure accurate record keeping. | ||||||
19 | (6) A medical marijuana organization is prohibited | ||||||
20 | from acquiring, possessing, cultivating, manufacturing, | ||||||
21 | delivering, transferring, transporting, supplying, or | ||||||
22 | dispensing marijuana for any purpose except to assist | ||||||
23 | registered qualifying patients with the medical use of | ||||||
24 | marijuana directly or through the qualifying patients' | ||||||
25 | other primary caregiver. | ||||||
26 | (7) All principal officers and board members of a |
| |||||||
| |||||||
1 | medical marijuana organization must be residents of the | ||||||
2 | State of Illinois. | ||||||
3 | (g) Immunity. | ||||||
4 | (1) No registered medical marijuana organization shall | ||||||
5 | be subject to prosecution, search, seizure, or penalty in | ||||||
6 | any manner or denied any right or privilege, including but | ||||||
7 | not limited to, civil penalty or disciplinary action by a | ||||||
8 | business, occupational, or professional licensing board or | ||||||
9 | entity, solely for acting in accordance with this Section | ||||||
10 | to assist registered qualifying patients to whom it is | ||||||
11 | connected through the Department's registration process | ||||||
12 | with the medical use of marijuana. | ||||||
13 | (2) No principal officers, board members, agents, or | ||||||
14 | employees of a registered medical marijuana organization | ||||||
15 | shall be subject to arrest, prosecution, search, seizure, | ||||||
16 | or penalty in any manner or denied any right or privilege, | ||||||
17 | including but not limited to civil penalty or disciplinary | ||||||
18 | action by a business, occupational, or professional | ||||||
19 | licensing board or entity, solely for working for or with a | ||||||
20 | medical marijuana organization in accordance with this | ||||||
21 | Act. | ||||||
22 | (h) Prohibitions. | ||||||
23 | (1) A medical marijuana organization may not possess an | ||||||
24 | amount of marijuana that exceeds the total of the allowable | ||||||
25 | amounts of marijuana for the registered qualifying | ||||||
26 | patients for whom the medical marijuana organization is a |
| |||||||
| |||||||
1 | registered primary caregiver. | ||||||
2 | (2) A medical marijuana organization may not dispense, | ||||||
3 | deliver, or otherwise transfer marijuana to a person other | ||||||
4 | than a qualifying patient who has designated the medical | ||||||
5 | marijuana organization as a primary caregiver or to such | ||||||
6 | patient's primary caregiver. | ||||||
7 | (3) A medical marijuana organization may not obtain | ||||||
8 | marijuana from outside the State of Illinois. | ||||||
9 | (4) A person convicted of violating paragraph (2) of | ||||||
10 | this subsection may not be an employee, agent, principal | ||||||
11 | officer, or board member of any medical marijuana | ||||||
12 | organization, and such person's registry identification | ||||||
13 | card shall be immediately revoked. | ||||||
14 | (5) No person who has been convicted of a felony drug | ||||||
15 | offense may be the principal officer, board member, agent, | ||||||
16 | or employee of a medical marijuana organization unless the | ||||||
17 | Department has determined that the person's conviction was | ||||||
18 | for the medical use of marijuana or assisting with the | ||||||
19 | medical use of marijuana and issued the person a registry | ||||||
20 | identification card as provided under subsection (b)(3). A | ||||||
21 | person who is employed by or is an agent, principal | ||||||
22 | officer, or board member of a medical marijuana | ||||||
23 | organization in violation of this Section is guilty of a | ||||||
24 | civil violation punishable by a fine of up to $1,000. A | ||||||
25 | subsequent violation of this Section is a Class B | ||||||
26 | misdemeanor. |
| |||||||
| |||||||
1 | Section 90. The Cannabis Control Act is amended by changing | ||||||
2 | Section 8 as follows:
| ||||||
3 | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| ||||||
4 | Sec. 8. It is unlawful for any person knowingly to produce | ||||||
5 | the
cannabis sativa plant or to possess such plants or to | ||||||
6 | deliver such plants unless production or possession
has been | ||||||
7 | authorized pursuant to the provisions of the Alternative | ||||||
8 | Treatment for Serious Diseases Causing Chronic Pain and | ||||||
9 | Debilitating Conditions Act Section 11 of the Act .
| ||||||
10 | (1) Any person who violates this Section with respect to | ||||||
11 | production or possession of:
| ||||||
12 | (a) Not more than 5 plants is guilty of a Class A | ||||||
13 | misdemeanor , except that a violation under paragraph (2) of | ||||||
14 | this Section is a Class 4 felony .
| ||||||
15 | (b) More than 5, but not more than 20 plants, is guilty
of | ||||||
16 | a Class 4 felony , except that a violation under paragraph (2) | ||||||
17 | of this Section is a Class 3 felony .
| ||||||
18 | (c) More than 20, but not more than 50 plants, is
guilty of | ||||||
19 | a Class 3 felony , except that a violation under paragraph (2) | ||||||
20 | of this Section is a Class 2 felony .
| ||||||
21 | (d) More than 50, but not more than 200 plants, is guilty | ||||||
22 | of a Class 2 felony , except that a violation under paragraph | ||||||
23 | (2) of this Section is a Class 1 felony, for which
a fine not to | ||||||
24 | exceed $100,000 may be imposed and for which liability for
the |
| |||||||
| |||||||
1 | cost of conducting the investigation and eradicating such | ||||||
2 | plants may be
assessed. Compensation for expenses incurred in | ||||||
3 | the enforcement of this
provision shall be transmitted to and | ||||||
4 | deposited in the treasurer's office
at the level of government | ||||||
5 | represented by the Illinois law enforcement
agency whose | ||||||
6 | officers or employees conducted the investigation or caused
the | ||||||
7 | arrest or arrests leading to the prosecution, to be | ||||||
8 | subsequently made
available to that law enforcement agency as | ||||||
9 | expendable receipts for use in
the enforcement of laws | ||||||
10 | regulating controlled substances and cannabis. If
such seizure | ||||||
11 | was made by a combination of law enforcement personnel
| ||||||
12 | representing different levels of government, the court levying | ||||||
13 | the
assessment shall determine the allocation of such | ||||||
14 | assessment. The proceeds
of assessment awarded to the State | ||||||
15 | treasury shall be deposited in a special
fund known as the Drug | ||||||
16 | Traffic Prevention Fund. | ||||||
17 | (e) More than 200 plants is guilty of a Class 1 felony , | ||||||
18 | except that a violation under paragraph (2) of this Section is | ||||||
19 | a Class X felony, for which
a fine not to exceed $100,000 may | ||||||
20 | be imposed and for which liability for
the cost of conducting | ||||||
21 | the investigation and eradicating such plants may be
assessed. | ||||||
22 | Compensation for expenses incurred in the enforcement of this
| ||||||
23 | provision shall be transmitted to and deposited in the | ||||||
24 | treasurer's office
at the level of government represented by | ||||||
25 | the Illinois law enforcement
agency whose officers or employees | ||||||
26 | conducted the investigation or caused
the arrest or arrests |
| |||||||
| |||||||
1 | leading to the prosecution, to be subsequently made
available | ||||||
2 | to that law enforcement agency as expendable receipts for use | ||||||
3 | in
the enforcement of laws regulating controlled substances and | ||||||
4 | cannabis. If
such seizure was made by a combination of law | ||||||
5 | enforcement personnel
representing different levels of | ||||||
6 | government, the court levying the
assessment shall determine | ||||||
7 | the allocation of such assessment. The proceeds
of assessment | ||||||
8 | awarded to the State treasury shall be deposited in a special
| ||||||
9 | fund known as the Drug Traffic Prevention Fund.
| ||||||
10 | (2) Any person authorized pursuant to the provisions of the | ||||||
11 | Alternative Treatment for Serious Diseases Causing Chronic | ||||||
12 | Pain and Debilitating Conditions Act to produce or possess the | ||||||
13 | cannabis sativa plant, who knowingly produces the cannabis | ||||||
14 | sativa plant or possesses such plants or delivers such plants | ||||||
15 | except as provided for in the Alternative Treatment for Serious | ||||||
16 | Diseases Causing Chronic Pain and Debilitating Conditions Act, | ||||||
17 | is guilty of violating this Section. Any violation of this | ||||||
18 | paragraph (2) shall be punished according to the number of | ||||||
19 | plants involved in the violation as provided in paragraph (1) | ||||||
20 | of this Section.
| ||||||
21 | (Source: P.A. 95-247, eff. 1-1-08.)
| ||||||
22 | (720 ILCS 550/11 rep.)
| ||||||
23 | Section 95. The Cannabis Control Act is amended by | ||||||
24 | repealing Section 11. |
| |||||||
| |||||||
1 | Section 97. Severability. The provisions of this Act are | ||||||
2 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|