99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5534

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 130/10

    Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Makes changes to the definition of "designated caregiver". Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5534LRB099 20117 RPS 44546 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 Pilot
5Program Act is amended by changing Section 10 as follows:
 
6    (410 ILCS 130/10)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 10. Definitions. The following terms, as used in this
9Act, shall have the meanings set forth in this Section:
10    (a) "Adequate supply" means:
11        (1) 2.5 ounces of usable cannabis during a period of 14
12    days and that is derived solely from an intrastate source.
13        (2) Subject to the rules of the Department of Public
14    Health, a patient may apply for a waiver where a physician
15    provides a substantial medical basis in a signed, written
16    statement asserting that, based on the patient's medical
17    history, in the physician's professional judgment, 2.5
18    ounces is an insufficient adequate supply for a 14-day
19    period to properly alleviate the patient's debilitating
20    medical condition or symptoms associated with the
21    debilitating medical condition.
22        (3) This subsection may not be construed to authorize
23    the possession of more than 2.5 ounces at any time without

 

 

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1    authority from the Department of Public Health.
2        (4) The pre-mixed weight of medical cannabis used in
3    making a cannabis infused product shall apply toward the
4    limit on the total amount of medical cannabis a registered
5    qualifying patient may possess at any one time.
6    (b) "Cannabis" has the meaning given that term in Section 3
7of the Cannabis Control Act.
8    (c) "Cannabis plant monitoring system" means a system that
9includes, but is not limited to, testing and data collection
10established and maintained by the registered cultivation
11center and available to the Department for the purposes of
12documenting each cannabis plant and for monitoring plant
13development throughout the life cycle of a cannabis plant
14cultivated for the intended use by a qualifying patient from
15seed planting to final packaging.
16    (d) "Cardholder" means a qualifying patient or a designated
17caregiver who has been issued and possesses a valid registry
18identification card by the Department of Public Health.
19    (e) "Cultivation center" means a facility operated by an
20organization or business that is registered by the Department
21of Agriculture to perform necessary activities to provide only
22registered medical cannabis dispensing organizations with
23usable medical cannabis.
24    (f) "Cultivation center agent" means a principal officer,
25board member, employee, or agent of a registered cultivation
26center who is 21 years of age or older and has not been

 

 

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1convicted of an excluded offense.
2    (g) "Cultivation center agent identification card" means a
3document issued by the Department of Agriculture that
4identifies a person as a cultivation center agent.
5    (h) "Debilitating medical condition" means one or more of
6the following:
7        (1) cancer, glaucoma, positive status for human
8    immunodeficiency virus, acquired immune deficiency
9    syndrome, hepatitis C, amyotrophic lateral sclerosis,
10    Crohn's disease, agitation of Alzheimer's disease,
11    cachexia/wasting syndrome, muscular dystrophy, severe
12    fibromyalgia, spinal cord disease, including but not
13    limited to arachnoiditis, Tarlov cysts, hydromyelia,
14    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
15    spinal cord injury, traumatic brain injury and
16    post-concussion syndrome, Multiple Sclerosis,
17    Arnold-Chiari malformation and Syringomyelia,
18    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
19    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
20    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
21    (Complex Regional Pain Syndromes Type II),
22    Neurofibromatosis, Chronic Inflammatory Demyelinating
23    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
24    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
25    syndrome, residual limb pain, seizures (including those
26    characteristic of epilepsy), or the treatment of these

 

 

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1    conditions; or
2        (2) any other debilitating medical condition or its
3    treatment that is added by the Department of Public Health
4    by rule as provided in Section 45.
5    (i) "Designated caregiver" means a person who: (1) is at
6least 21 years of age; (2) has agreed to assist with a
7patient's medical use of cannabis; (3) has not been convicted
8of an excluded offense; and (4) assists no more than one
9registered qualifying patient with his or her medical use of
10cannabis, unless the person is overseen by an Illinois-licensed
11pharmacist specializing in medical cannabis and is employed by
12a company that is in the business of providing medication and
13medication management to elderly patients in residential care
14facilities, including assisted living facilities, supportive
15living facilities, and community-integrated living
16arrangements.
17    (j) "Dispensing organization agent identification card"
18means a document issued by the Department of Financial and
19Professional Regulation that identifies a person as a medical
20cannabis dispensing organization agent.
21    (k) "Enclosed, locked facility" means a room, greenhouse,
22building, or other enclosed area equipped with locks or other
23security devices that permit access only by a cultivation
24center's agents or a dispensing organization's agent working
25for the registered cultivation center or the registered
26dispensing organization to cultivate, store, and distribute

 

 

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1cannabis for registered qualifying patients.
2    (l) "Excluded offense" means:
3        (1) a violent crime defined in Section 3 of the Rights
4    of Crime Victims and Witnesses Act or a substantially
5    similar offense that was classified as a felony in the
6    jurisdiction where the person was convicted; or
7        (2) a violation of a state or federal controlled
8    substance law that was classified as a felony in the
9    jurisdiction where the person was convicted, except that
10    the registering Department may waive this restriction if
11    the person demonstrates to the registering Department's
12    satisfaction that his or her conviction was for the
13    possession, cultivation, transfer, or delivery of a
14    reasonable amount of cannabis intended for medical use.
15    This exception does not apply if the conviction was under
16    state law and involved a violation of an existing medical
17    cannabis law.
18    (m) "Medical cannabis cultivation center registration"
19means a registration issued by the Department of Agriculture.
20    (n) "Medical cannabis container" means a sealed,
21traceable, food compliant, tamper resistant, tamper evident
22container, or package used for the purpose of containment of
23medical cannabis from a cultivation center to a dispensing
24organization.
25    (o) "Medical cannabis dispensing organization", or
26"dispensing organization", or "dispensary organization" means

 

 

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1a facility operated by an organization or business that is
2registered by the Department of Financial and Professional
3Regulation to acquire medical cannabis from a registered
4cultivation center for the purpose of dispensing cannabis,
5paraphernalia, or related supplies and educational materials
6to registered qualifying patients.
7    (p) "Medical cannabis dispensing organization agent" or
8"dispensing organization agent" means a principal officer,
9board member, employee, or agent of a registered medical
10cannabis dispensing organization who is 21 years of age or
11older and has not been convicted of an excluded offense.
12    (q) "Medical cannabis infused product" means food, oils,
13ointments, or other products containing usable cannabis that
14are not smoked.
15    (r) "Medical use" means the acquisition; administration;
16delivery; possession; transfer; transportation; or use of
17cannabis to treat or alleviate a registered qualifying
18patient's debilitating medical condition or symptoms
19associated with the patient's debilitating medical condition.
20    (s) "Physician" means a doctor of medicine or doctor of
21osteopathy licensed under the Medical Practice Act of 1987 to
22practice medicine and who has a controlled substances license
23under Article III of the Illinois Controlled Substances Act. It
24does not include a licensed practitioner under any other Act
25including but not limited to the Illinois Dental Practice Act.
26    (t) "Qualifying patient" means a person who has been

 

 

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1diagnosed by a physician as having a debilitating medical
2condition.
3    (u) "Registered" means licensed, permitted, or otherwise
4certified by the Department of Agriculture, Department of
5Public Health, or Department of Financial and Professional
6Regulation.
7    (v) "Registry identification card" means a document issued
8by the Department of Public Health that identifies a person as
9a registered qualifying patient or registered designated
10caregiver.
11    (w) "Usable cannabis" means the seeds, leaves, buds, and
12flowers of the cannabis plant and any mixture or preparation
13thereof, but does not include the stalks, and roots of the
14plant. It does not include the weight of any non-cannabis
15ingredients combined with cannabis, such as ingredients added
16to prepare a topical administration, food, or drink.
17    (x) "Verification system" means a Web-based system
18established and maintained by the Department of Public Health
19that is available to the Department of Agriculture, the
20Department of Financial and Professional Regulation, law
21enforcement personnel, and registered medical cannabis
22dispensing organization agents on a 24-hour basis for the
23verification of registry identification cards, the tracking of
24delivery of medical cannabis to medical cannabis dispensing
25organizations, and the tracking of the date of sale, amount,
26and price of medical cannabis purchased by a registered

 

 

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1qualifying patient.
2    (y) "Written certification" means a document dated and
3signed by a physician, stating (1) that in the physician's
4professional opinion the patient is likely to receive
5therapeutic or palliative benefit from the medical use of
6cannabis to treat or alleviate the patient's debilitating
7medical condition or symptoms associated with the debilitating
8medical condition; (2) that the qualifying patient has a
9debilitating medical condition and specifying the debilitating
10medical condition the qualifying patient has; and (3) that the
11patient is under the physician's care for the debilitating
12medical condition. A written certification shall be made only
13in the course of a bona fide physician-patient relationship,
14after the physician has completed an assessment of the
15qualifying patient's medical history, reviewed relevant
16records related to the patient's debilitating condition, and
17conducted a physical examination.
18    A veteran who has received treatment at a VA hospital shall
19be deemed to have a bona fide physician-patient relationship
20with a VA physician if the patient has been seen for his or her
21debilitating medical condition at the VA Hospital in accordance
22with VA Hospital protocols.
23    A bona fide physician-patient relationship under this
24subsection is a privileged communication within the meaning of
25Section 8-802 of the Code of Civil Procedure.
26(Source: P.A. 98-122, eff. 1-1-14; 98-775, eff. 1-1-15.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.