SB2865sam001 95TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 3/4/2008

09500SB2865sam001 LRB095 20021 RLC 47460 a

AMENDMENT TO SENATE BILL 2865

AMENDMENT NO. ______. Amend Senate Bill 2865 on page 3, by inserting immediately below line 2 the following:

"(a) "Adequate supply" means an amount of marijuana possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient's primary caregiver that is determined by rule of the Department to be no more than reasonably necessary to ensure the uninterrupted availability of marijuana for a period of 60 days and that is derived solely from an intrastate source. Until the Department determines what constitutes a 60-day supply of medicine, patients shall be presumed to be in compliance with this Act if they possess no more than 8 plants and two and one-half ounces of usable marijuana."; and

on page 3, line 3, by changing "(a)" to "(a-1)"; and

on page 29, by inserting immediately below line 26 the following:

"Section 50. Exemption from criminal and civil penalties for the medical use of cannabis.

(1) A qualified patient shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of marijuana if the quantity of marijuana does not exceed an adequate supply.

(2) A qualified patient's primary caregiver shall not be subject to arrest, prosecution or penalty in any manner for the possession of marijuana for medical use by the qualified patient if the quantity of marijuana does not exceed an adequate supply.

Section 55. Adoption of rules by the Department; 60-day supply for qualifying patients.

(1) By July 1, 2009, the Department shall adopt rules defining the quantity of marijuana that could reasonably be presumed to be a 60-day supply for qualifying patients; this presumption may be overcome with evidence of a qualifying patient's necessary medical use.

(2) As used in this Act, "60-day supply" means that amount of marijuana that qualifying patients would reasonably be expected to need over a period of 60 days for their personal medical use. During the rule-making process, the Department shall make a good faith effort to include all stakeholders identified in the rule-making analysis as being impacted by the rule.

(3) Stakeholders shall include, but are not limited to: at least 3 physicians, one of which must have prior experience treating medical marijuana patients and another who specializes in oncology; 2 nurses, one of which must have prior experience treating HIV/AIDS patients; a representative from hospice; a representative from the law enforcement community; a prosecuting attorney currently employed by the state of Illinois; a public defender currently employed by the state of Illinois; a defense attorney in private practice; a licensed phlebotomist, and a horticulturist.

(4) The Department shall gather information from medical and scientific literature, consulting with experts and the public, and reviewing the best practices of other states regarding access to an adequate, safe, consistent, and secure source, including alternative distribution systems, of medical marijuana for qualifying patients. The Department shall report its findings to the General Assembly by July 1, 2009.

(5) Until the Department determines what constitutes a 60-day supply of medicine, patients shall be presumed to be in compliance with this Act if they possess no more than 8 plants and two and one-half ounces of usable marijuana.".