101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3225

 

Introduced 2/11/2020, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/30
410 ILCS 130/31 new

    Amends the Compassionate Use of Medical Cannabis Program Act. Provides that a park district shall authorize a program participant's parent, guardian, or other designated caregiver to administer a medical cannabis infused product to the program participant on the premises of the park district if both the program participant and the parent, guardian, or other designated caregiver are cardholders. Contains requirements for designated caregivers. Provides that a member of the park district's staff is not required to administer a medical cannabis infused product to a program participant. Provides that a park district may not authorize the use of a medical cannabis infused product if the park district would lose federal funding as a result of the authorization. Provides that the amendatory provisions are exempt from specified limitations and penalties. Makes other changes. Effective immediately.


LRB101 20178 CPF 69717 b

 

 

A BILL FOR

 

SB3225LRB101 20178 CPF 69717 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 Sections 30 and 31 as
6follows:
 
7    (410 ILCS 130/30)
8    Sec. 30. Limitations and penalties.
9    (a) This Act does not permit any person to engage in, and
10does not prevent the imposition of any civil, criminal, or
11other penalties for engaging in, the following conduct:
12        (1) Undertaking any task under the influence of
13    cannabis, when doing so would constitute negligence,
14    professional malpractice, or professional misconduct;
15        (2) Possessing cannabis:
16            (A) except as provided under Section 22-33 of the
17        School Code, in a school bus;
18            (B) except as provided under Section 22-33 of the
19        School Code, on the grounds of any preschool or primary
20        or secondary school;
21            (C) in any correctional facility;
22            (D) in a vehicle under Section 11-502.1 of the
23        Illinois Vehicle Code;

 

 

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1            (E) in a vehicle not open to the public unless the
2        medical cannabis is in a reasonably secured, sealed
3        container and reasonably inaccessible while the
4        vehicle is moving; or
5            (F) in a private residence that is used at any time
6        to provide licensed child care or other similar social
7        service care on the premises;
8        (3) Using cannabis:
9            (A) except as provided under Section 22-33 of the
10        School Code, in a school bus;
11            (B) except as provided under Section 22-33 of the
12        School Code, on the grounds of any preschool or primary
13        or secondary school;
14            (C) in any correctional facility;
15            (D) in any motor vehicle;
16            (E) in a private residence that is used at any time
17        to provide licensed child care or other similar social
18        service care on the premises;
19            (F) except as provided under Section 22-33 of the
20        School Code and Section 31 of this Act, in any public
21        place. "Public place" as used in this subsection means
22        any place where an individual could reasonably be
23        expected to be observed by others. A "public place"
24        includes all parts of buildings owned in whole or in
25        part, or leased, by the State or a local unit of
26        government. A "public place" does not include a private

 

 

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1        residence unless the private residence is used to
2        provide licensed child care, foster care, or other
3        similar social service care on the premises. For
4        purposes of this subsection, a "public place" does not
5        include a health care facility. For purposes of this
6        Section, a "health care facility" includes, but is not
7        limited to, hospitals, nursing homes, hospice care
8        centers, and long-term care facilities;
9            (G) except as provided under Section 22-33 of the
10        School Code and Section 31 of this Act, knowingly in
11        close physical proximity to anyone under the age of 18
12        years of age;
13        (4) Smoking medical cannabis in any public place where
14    an individual could reasonably be expected to be observed
15    by others, in a health care facility, or any other place
16    where smoking is prohibited under the Smoke Free Illinois
17    Act;
18        (5) Operating, navigating, or being in actual physical
19    control of any motor vehicle, aircraft, or motorboat while
20    using or under the influence of cannabis in violation of
21    Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
22        (6) Using or possessing cannabis if that person does
23    not have a debilitating medical condition and is not a
24    registered qualifying patient or caregiver;
25        (7) Allowing any person who is not allowed to use
26    cannabis under this Act to use cannabis that a cardholder

 

 

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1    is allowed to possess under this Act;
2        (8) Transferring cannabis to any person contrary to the
3    provisions of this Act;
4        (9) The use of medical cannabis by an active duty law
5    enforcement officer, correctional officer, correctional
6    probation officer, or firefighter; or
7        (10) The use of medical cannabis by a person who has a
8    school bus permit or a Commercial Driver's License.
9    (b) Nothing in this Act shall be construed to prevent the
10arrest or prosecution of a registered qualifying patient for
11reckless driving or driving under the influence of cannabis
12where probable cause exists.
13    (c) Notwithstanding any other criminal penalties related
14to the unlawful possession of cannabis, knowingly making a
15misrepresentation to a law enforcement official of any fact or
16circumstance relating to the medical use of cannabis to avoid
17arrest or prosecution is a petty offense punishable by a fine
18of up to $1,000, which shall be in addition to any other
19penalties that may apply for making a false statement or for
20the use of cannabis other than use undertaken under this Act.
21    (d) Notwithstanding any other criminal penalties related
22to the unlawful possession of cannabis, any person who makes a
23misrepresentation of a medical condition to a certifying health
24care professional or fraudulently provides material
25misinformation to a certifying health care professional in
26order to obtain a written certification is guilty of a petty

 

 

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1offense punishable by a fine of up to $1,000.
2    (e) Any cardholder or registered caregiver who sells
3cannabis shall have his or her registry identification card
4revoked and is subject to other penalties for the unauthorized
5sale of cannabis.
6    (f) Any registered qualifying patient who commits a
7violation of Section 11-502.1 of the Illinois Vehicle Code or
8refuses a properly requested test related to operating a motor
9vehicle while under the influence of cannabis shall have his or
10her registry identification card revoked.
11    (g) No registered qualifying patient or designated
12caregiver shall knowingly obtain, seek to obtain, or possess,
13individually or collectively, an amount of usable cannabis from
14a registered medical cannabis dispensing organization that
15would cause him or her to exceed the authorized adequate supply
16under subsection (a) of Section 10.
17    (h) Nothing in this Act shall prevent a private business
18from restricting or prohibiting the medical use of cannabis on
19its property.
20    (i) Nothing in this Act shall prevent a university,
21college, or other institution of post-secondary education from
22restricting or prohibiting the use of medical cannabis on its
23property.
24(Source: P.A. 100-660, eff. 8-1-18; 101-363, eff. 8-9-19.)
 
25    (410 ILCS 130/31 new)

 

 

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1    Sec. 31. Administration to persons with disabilities in
2park district programs.
3    (a) Definitions. For purposes of this Section:
4        (1) "Park district" has the meaning as defined in
5    Section 1-3 of the Park District Code. "Park district"
6    includes the Chicago Park District as defined by the
7    Chicago Park District Act, any special recreational
8    association created by a park district through an
9    intergovernmental agreement, and any nonprofit
10    organization authorized by the park district or special
11    recreational association to administer a program for
12    persons with disabilities on its behalf.
13        (2) "Program participant" means a person with
14    disabilities who is a registered qualifying patient and who
15    participates in a summer camp, educational program, or
16    other similar program provided by a park district for
17    persons with disabilities.
18    (b) Subject to the restrictions under subsections (c)
19through (f) of this Section, a park district shall authorize a
20program participant's parent, guardian, or other designated
21caregiver to administer a medical cannabis infused product to
22the program participant on the premises of the park district if
23both the program participant and the parent, guardian, or other
24designated caregiver are cardholders. After administering the
25medical cannabis infused product, the parent, guardian, or
26other designated caregiver shall remove the medical cannabis

 

 

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1infused product from the premises of the park district.
2    (c) A parent, guardian, or other designated caregiver may
3not administer a medical cannabis infused product under this
4Section in a manner that, in the opinion of the park district,
5would create a disruption to the park district's program or
6activity for persons with disabilities or would cause exposure
7of the medical cannabis infused product to other program
8participants.
9    (d) A park district may not discipline a program
10participant who is administered a medical cannabis infused
11product by a parent, guardian, or other designated caregiver
12under this Section and may not deny the program participant's
13eligibility to attend the park district's program or activity
14for persons with disabilities solely because the program
15participant requires the administration of the medical
16cannabis infused product.
17    (e) Nothing in this Section requires a member of the park
18district's staff to administer a medical cannabis infused
19product to a program participant.
20    (f) A park district may not authorize the use of a medical
21cannabis infused product under this Section if the park
22district would lose federal funding as a result of the
23authorization.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.