Illinois General Assembly - Full Text of SB3800
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Full Text of SB3800  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/9/2024, by Sen. Cristina Castro


410 ILCS 130/10
410 ILCS 130/103 new
410 ILCS 705/5-22 new
410 ILCS 705/15-40
410 ILCS 130/100 rep.
410 ILCS 130/120 rep.

    Amends the Compassionate Use of Medical Cannabis Program Act. Provides that the Department of Agriculture shall follow specified requirements of the Cannabis Regulation and Tax Act regarding the administration of cultivation center agent identification cards. Repeals provisions regarding cultivation center agent identification cards and dispensing organization agent identification cards. Makes other changes. Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture and the Department of Financial and Professional Regulation shall issue all agent identification cards under the Act via an online application portal. Provides that all notifications of acceptance or denial for applications under specified provisions shall be sent directly to the agent applicant.

LRB103 38968 CES 69105 b





SB3800LRB103 38968 CES 69105 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 Section 10 and by adding
6Section 103 as follows:
7    (410 ILCS 130/10)
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
12    14 days and that is derived solely from an intrastate
13    source.
14        (2) Subject to the rules of the Department of Public
15    Health, a patient may apply for a waiver where a
16    certifying health care professional provides a substantial
17    medical basis in a signed, written statement asserting
18    that, based on the patient's medical history, in the
19    certifying health care professional's professional
20    judgment, 2.5 ounces is an insufficient adequate supply
21    for a 14-day period to properly alleviate the patient's
22    debilitating medical condition or symptoms associated with
23    the debilitating medical condition.



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1        (3) This subsection may not be construed to authorize
2    the possession of more than 2.5 ounces at any time without
3    authority from the Department of Public Health.
4        (4) The pre-mixed weight of medical cannabis used in
5    making a cannabis infused product shall apply toward the
6    limit on the total amount of medical cannabis a registered
7    qualifying patient may possess at any one time.
8    (a-5) "Advanced practice registered nurse" means a person
9who is licensed under the Nurse Practice Act as an advanced
10practice registered nurse and has a controlled substances
11license under Article III of the Illinois Controlled
12Substances Act.
13    (b) "Cannabis" has the meaning given that term in Section
143 of the Cannabis Control Act.
15    (c) "Cannabis plant monitoring system" means a system that
16includes, but is not limited to, testing and data collection
17established and maintained by the registered cultivation
18center and available to the Department for the purposes of
19documenting each cannabis plant and for monitoring plant
20development throughout the life cycle of a cannabis plant
21cultivated for the intended use by a qualifying patient from
22seed planting to final packaging.
23    (d) "Cardholder" means a qualifying patient or a
24designated caregiver who has been issued and possesses a valid
25registry identification card by the Department of Public



SB3800- 3 -LRB103 38968 CES 69105 b

1    (d-5) "Certifying health care professional" means a
2physician, an advanced practice registered nurse, or a
3physician assistant.
4    (e) "Cultivation center" means a facility operated by an
5organization or business that is registered by the Department
6of Agriculture to perform necessary activities to provide only
7registered medical cannabis dispensing organizations with
8usable medical cannabis.
9    (f) "Cultivation center agent" means a principal officer,
10board member, employee, or agent of a registered cultivation
11center who is 21 years of age or older and has not been
12convicted of an excluded offense.
13    (g) "Cultivation center agent identification card" means a
14document issued by the Department of Agriculture that
15identifies a person as a cultivation center agent.
16    (h) "Debilitating medical condition" means one or more of
17the following:
18        (1) cancer, glaucoma, positive status for human
19    immunodeficiency virus, acquired immune deficiency
20    syndrome, hepatitis C, amyotrophic lateral sclerosis,
21    Crohn's disease (including, but not limited to, ulcerative
22    colitis), agitation of Alzheimer's disease,
23    cachexia/wasting syndrome, muscular dystrophy, severe
24    fibromyalgia, spinal cord disease, including but not
25    limited to arachnoiditis, Tarlov cysts, hydromyelia,
26    syringomyelia, Rheumatoid arthritis, fibrous dysplasia,



SB3800- 4 -LRB103 38968 CES 69105 b

1    spinal cord injury, traumatic brain injury and
2    post-concussion syndrome, Multiple Sclerosis,
3    Arnold-Chiari malformation and Syringomyelia,
4    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
5    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
6    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
7    (Complex Regional Pain Syndromes Type II),
8    Neurofibromatosis, Chronic Inflammatory Demyelinating
9    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
10    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
11    syndrome, residual limb pain, seizures (including those
12    characteristic of epilepsy), post-traumatic stress
13    disorder (PTSD), autism, chronic pain, irritable bowel
14    syndrome, migraines, osteoarthritis, anorexia nervosa,
15    Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
16    Disease, neuropathy, polycystic kidney disease, superior
17    canal dehiscence syndrome, or the treatment of these
18    conditions;
19        (1.5) terminal illness with a diagnosis of 6 months or
20    less; if the terminal illness is not one of the qualifying
21    debilitating medical conditions, then the certifying
22    health care professional shall on the certification form
23    identify the cause of the terminal illness; or
24        (2) any other debilitating medical condition or its
25    treatment that is added by the Department of Public Health
26    by rule as provided in Section 45.



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1    (i) "Designated caregiver" means a person who: (1) is at
2least 21 years of age; (2) has agreed to assist with a
3patient's medical use of cannabis; (3) has not been convicted
4of an excluded offense; and (4) assists no more than one
5registered qualifying patient with his or her medical use of
7    (j) "Dispensing organization agent identification card"
8means a document issued by the Department of Financial and
9Professional Regulation that identifies a person as a medical
10cannabis dispensing organization agent, as that term is
11defined under Section 1-10 of the Cannabis Regulation and Tax
13    (k) "Enclosed, locked facility" means a room, greenhouse,
14building, or other enclosed area equipped with locks or other
15security devices that permit access only by a cultivation
16center's agents or a dispensing organization's agent working
17for the registered cultivation center or the registered
18dispensing organization to cultivate, store, and distribute
19cannabis for registered qualifying patients.
20    (l) "Excluded offense" for cultivation center agents and
21dispensing organizations means:
22        (1) a violent crime defined in Section 3 of the Rights
23    of Crime Victims and Witnesses Act or a substantially
24    similar offense that was classified as a felony in the
25    jurisdiction where the person was convicted; or
26        (2) a violation of a state or federal controlled



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1    substance law, the Cannabis Control Act, or the
2    Methamphetamine Control and Community Protection Act that
3    was classified as a felony in the jurisdiction where the
4    person was convicted, except that the registering
5    Department may waive this restriction if the person
6    demonstrates to the registering Department's satisfaction
7    that his or her conviction was for the possession,
8    cultivation, transfer, or delivery of a reasonable amount
9    of cannabis intended for medical use. This exception does
10    not apply if the conviction was under state law and
11    involved a violation of an existing medical cannabis law.
12    For purposes of this subsection, the Department of Public
13Health shall determine by emergency rule within 30 days after
14the effective date of this amendatory Act of the 99th General
15Assembly what constitutes a "reasonable amount".
16    (l-5) (Blank).
17    (l-10) "Illinois Cannabis Tracking System" means a
18web-based system established and maintained by the Department
19of Public Health that is available to the Department of
20Agriculture, the Department of Financial and Professional
21Regulation, the Illinois State Police, and registered medical
22cannabis dispensing organizations on a 24-hour basis to upload
23written certifications for Opioid Alternative Pilot Program
24participants, to verify Opioid Alternative Pilot Program
25participants, to verify Opioid Alternative Pilot Program
26participants' available cannabis allotment and assigned



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1dispensary, and the tracking of the date of sale, amount, and
2price of medical cannabis purchased by an Opioid Alternative
3Pilot Program participant.
4    (m) "Medical cannabis cultivation center registration"
5means a registration issued by the Department of Agriculture.
6    (n) "Medical cannabis container" means a sealed,
7traceable, food compliant, tamper resistant, tamper evident
8container, or package used for the purpose of containment of
9medical cannabis from a cultivation center to a dispensing
11    (o) "Medical cannabis dispensing organization", or
12"dispensing organization", or "dispensary organization" means
13a facility operated by an organization or business that is
14registered by the Department of Financial and Professional
15Regulation to acquire medical cannabis from a registered
16cultivation center for the purpose of dispensing cannabis,
17paraphernalia, or related supplies and educational materials
18to registered qualifying patients, individuals with a
19provisional registration for qualifying patient cardholder
20status, or an Opioid Alternative Pilot Program participant.
21    (p) "Medical cannabis dispensing organization agent" or
22"dispensing organization agent" means a principal officer,
23board member, employee, or agent of a registered medical
24cannabis dispensing organization who is 21 years of age or
25older and has not been convicted of an excluded offense.
26    (q) "Medical cannabis infused product" means food, oils,



SB3800- 8 -LRB103 38968 CES 69105 b

1ointments, or other products containing usable cannabis that
2are not smoked.
3    (r) "Medical use" means the acquisition; administration;
4delivery; possession; transfer; transportation; or use of
5cannabis to treat or alleviate a registered qualifying
6patient's debilitating medical condition or symptoms
7associated with the patient's debilitating medical condition.
8    (r-5) "Opioid" means a narcotic drug or substance that is
9a Schedule II controlled substance under paragraph (1), (2),
10(3), or (5) of subsection (b) or under subsection (c) of
11Section 206 of the Illinois Controlled Substances Act.
12    (r-10) "Opioid Alternative Pilot Program participant"
13means an individual who has received a valid written
14certification to participate in the Opioid Alternative Pilot
15Program for a medical condition for which an opioid has been or
16could be prescribed by a certifying health care professional
17based on generally accepted standards of care.
18    (s) "Physician" means a doctor of medicine or doctor of
19osteopathy licensed under the Medical Practice Act of 1987 to
20practice medicine and who has a controlled substances license
21under Article III of the Illinois Controlled Substances Act.
22It does not include a licensed practitioner under any other
23Act including but not limited to the Illinois Dental Practice
25    (s-1) "Physician assistant" means a physician assistant
26licensed under the Physician Assistant Practice Act of 1987



SB3800- 9 -LRB103 38968 CES 69105 b

1and who has a controlled substances license under Article III
2of the Illinois Controlled Substances Act.
3    (s-5) "Provisional registration" means a document issued
4by the Department of Public Health to a qualifying patient who
5has submitted: (1) an online application and paid a fee to
6participate in Compassionate Use of Medical Cannabis Program
7pending approval or denial of the patient's application; or
8(2) a completed application for terminal illness.
9    (t) "Qualifying patient" means a person who has been
10diagnosed by a certifying health care professional as having a
11debilitating medical condition.
12    (u) "Registered" means licensed, permitted, or otherwise
13certified by the Department of Agriculture, Department of
14Public Health, or Department of Financial and Professional
16    (v) "Registry identification card" means a document issued
17by the Department of Public Health that identifies a person as
18a registered qualifying patient or registered designated
20    (w) "Usable cannabis" means the seeds, leaves, buds, and
21flowers of the cannabis plant and any mixture or preparation
22thereof, but does not include the stalks, and roots of the
23plant. It does not include the weight of any non-cannabis
24ingredients combined with cannabis, such as ingredients added
25to prepare a topical administration, food, or drink.
26    (x) "Verification system" means a Web-based system



SB3800- 10 -LRB103 38968 CES 69105 b

1established and maintained by the Department of Public Health
2that is available to the Department of Agriculture, the
3Department of Financial and Professional Regulation, law
4enforcement personnel, and registered medical cannabis
5dispensing organization agents on a 24-hour basis for the
6verification of registry identification cards, the tracking of
7delivery of medical cannabis to medical cannabis dispensing
8organizations, and the tracking of the date of sale, amount,
9and price of medical cannabis purchased by a registered
10qualifying patient.
11    (y) "Written certification" means a document dated and
12signed by a certifying health care professional, stating (1)
13that the qualifying patient has a debilitating medical
14condition and specifying the debilitating medical condition
15the qualifying patient has; and (2) that (A) the certifying
16health care professional is treating or managing treatment of
17the patient's debilitating medical condition; or (B) an Opioid
18Alternative Pilot Program participant has a medical condition
19for which opioids have been or could be prescribed. A written
20certification shall be made only in the course of a bona fide
21health care professional-patient relationship, after the
22certifying health care professional has completed an
23assessment of either a qualifying patient's medical history or
24Opioid Alternative Pilot Program participant, reviewed
25relevant records related to the patient's debilitating
26condition, and conducted a physical examination.



SB3800- 11 -LRB103 38968 CES 69105 b

1    (z) "Bona fide health care professional-patient
2relationship" means a relationship established at a hospital,
3certifying health care professional's office, or other health
4care facility in which the certifying health care professional
5has an ongoing responsibility for the assessment, care, and
6treatment of a patient's debilitating medical condition or a
7symptom of the patient's debilitating medical condition.
8    A veteran who has received treatment at a VA hospital
9shall be deemed to have a bona fide health care
10professional-patient relationship with a VA certifying health
11care professional if the patient has been seen for his or her
12debilitating medical condition at the VA Hospital in
13accordance with VA Hospital protocols.
14    A bona fide health care professional-patient relationship
15under this subsection is a privileged communication within the
16meaning of Section 8-802 of the Code of Civil Procedure.
17(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
18    (410 ILCS 130/103 new)
19    Sec. 103. Cultivation center agent identification cards.
20The Department of Agriculture shall follow the requirements
21set forth in Section 20-35 of the Cannabis Regulation and Tax
22Act regarding the administration of cultivation center agent
23identification cards under this Act.
24    Section 10. The Cannabis Regulation and Tax Act is amended



SB3800- 12 -LRB103 38968 CES 69105 b

1by adding Section 5-22 and by changing Section 15-40 as
3    (410 ILCS 705/5-22 new)
4    Sec. 5-22. Identification cards. The Department of
5Agriculture and the Department of Financial and Professional
6Regulation shall issue all identification cards under this Act
7via an online application portal.
8    (410 ILCS 705/15-40)
9    Sec. 15-40. Dispensing organization agent identification
10card; agent training.
11    (a) The Department shall:
12        (1) verify the information contained in an application
13    or renewal for a dispensing organization agent
14    identification card submitted under this Article, and
15    approve or deny an application or renewal, within 30 days
16    of receiving a completed application or renewal
17    application and all supporting documentation required by
18    rule;
19        (2) issue a dispensing organization agent
20    identification card to a qualifying agent within 15
21    business days of approving the application or renewal;
22        (3) enter the registry identification number of the
23    dispensing organization where the agent works;
24        (4) within one year from the effective date of this



SB3800- 13 -LRB103 38968 CES 69105 b

1    Act, allow for an electronic application process and
2    provide a confirmation by electronic or other methods that
3    an application has been submitted; and
4        (5) collect a $100 nonrefundable fee from the
5    applicant to be deposited into the Cannabis Regulation
6    Fund.
7    (b) A dispensing organization agent must keep his or her
8identification card visible at all times when in the
10    (c) The dispensing organization agent identification cards
11shall contain the following:
12        (1) the name of the cardholder;
13        (2) the date of issuance and expiration date of the
14    dispensing organization agent identification cards;
15        (3) a random 10-digit alphanumeric identification
16    number containing at least 4 numbers and at least 4
17    letters that is unique to the cardholder; and
18        (4) a photograph of the cardholder.
19    (d) The dispensing organization agent identification cards
20shall be immediately returned to the dispensing organization
21upon termination of employment.
22    (e) The Department shall not issue an agent identification
23card if the applicant is delinquent in filing any required tax
24returns or paying any amounts owed to the State of Illinois.
25    (f) Any card lost by a dispensing organization agent shall
26be reported to the Illinois State Police and the Department



SB3800- 14 -LRB103 38968 CES 69105 b

1immediately upon discovery of the loss.
2    (g) An applicant shall be denied a dispensing organization
3agent identification card renewal if he or she fails to
4complete the training provided for in this Section.
5    (h) A dispensing organization agent shall only be required
6to hold one card for the same employer regardless of what type
7of dispensing organization license the employer holds.
8    (i) Cannabis retail sales training requirements.
9        (1) Within 90 days of September 1, 2019, or 90 days of
10    employment, whichever is later, all owners, managers,
11    employees, and agents involved in the handling or sale of
12    cannabis or cannabis-infused product employed by an adult
13    use dispensing organization or medical cannabis dispensing
14    organization as defined in Section 10 of the Compassionate
15    Use of Medical Cannabis Program Act shall attend and
16    successfully complete a Responsible Vendor Program.
17        (2) Each owner, manager, employee, and agent of an
18    adult use dispensing organization or medical cannabis
19    dispensing organization shall successfully complete the
20    program annually.
21        (3) Responsible Vendor Program Training modules shall
22    include at least 2 hours of instruction time approved by
23    the Department including:
24            (i) Health and safety concerns of cannabis use,
25        including the responsible use of cannabis, its
26        physical effects, onset of physiological effects,



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1        recognizing signs of impairment, and appropriate
2        responses in the event of overconsumption.
3            (ii) Training on laws and regulations on driving
4        while under the influence and operating a watercraft
5        or snowmobile while under the influence.
6            (iii) Sales to minors prohibition. Training shall
7        cover all relevant Illinois laws and rules.
8            (iv) Quantity limitations on sales to purchasers.
9        Training shall cover all relevant Illinois laws and
10        rules.
11            (v) Acceptable forms of identification. Training
12        shall include:
13                (I) How to check identification; and
14                (II) Common mistakes made in verification;
15            (vi) Safe storage of cannabis;
16            (vii) Compliance with all inventory tracking
17        system regulations;
18            (viii) Waste handling, management, and disposal;
19            (ix) Health and safety standards;
20            (x) Maintenance of records;
21            (xi) Security and surveillance requirements;
22            (xii) Permitting inspections by State and local
23        licensing and enforcement authorities;
24            (xiii) Privacy issues;
25            (xiv) Packaging and labeling requirement for sales
26        to purchasers; and



SB3800- 16 -LRB103 38968 CES 69105 b

1            (xv) Other areas as determined by rule.
2    (j) Blank.
3    (k) Upon the successful completion of the Responsible
4Vendor Program, the provider shall deliver proof of completion
5either through mail or electronic communication to the
6dispensing organization, which shall retain a copy of the
8    (l) The license of a dispensing organization or medical
9cannabis dispensing organization whose owners, managers,
10employees, or agents fail to comply with this Section may be
11suspended or permanently revoked under Section 15-145 or may
12face other disciplinary action.
13    (m) The regulation of dispensing organization and medical
14cannabis dispensing employer and employee training is an
15exclusive function of the State, and regulation by a unit of
16local government, including a home rule unit, is prohibited.
17This subsection (m) is a denial and limitation of home rule
18powers and functions under subsection (h) of Section 6 of
19Article VII of the Illinois Constitution.
20    (n) Persons seeking Department approval to offer the
21training required by paragraph (3) of subsection (i) may apply
22for such approval between August 1 and August 15 of each
23odd-numbered year in a manner prescribed by the Department.
24    (o) Persons seeking Department approval to offer the
25training required by paragraph (3) of subsection (i) shall
26submit a nonrefundable application fee of $2,000 to be



SB3800- 17 -LRB103 38968 CES 69105 b

1deposited into the Cannabis Regulation Fund or a fee as may be
2set by rule. Any changes made to the training module shall be
3approved by the Department.
4    (p) The Department shall not unreasonably deny approval of
5a training module that meets all the requirements of paragraph
6(3) of subsection (i). A denial of approval shall include a
7detailed description of the reasons for the denial.
8    (q) Any person approved to provide the training required
9by paragraph (3) of subsection (i) shall submit an application
10for re-approval between August 1 and August 15 of each
11odd-numbered year and include a nonrefundable application fee
12of $2,000 to be deposited into the Cannabis Regulation Fund or
13a fee as may be set by rule.
14    (r) All persons applying to become or renewing their
15registrations to be agents, including agents-in-charge and
16principal officers, shall disclose any disciplinary action
17taken against them that may have occurred in Illinois, another
18state, or another country in relation to their employment at a
19cannabis business establishment or at any cannabis cultivation
20center, processor, infuser, dispensary, or other cannabis
21business establishment.
22    (s) An agent applicant may begin employment at a
23dispensing organization while the agent applicant's
24identification card application is pending. Upon approval, the
25Department shall issue the agent's identification card to the
26agent. If denied, the dispensing organization and the agent



SB3800- 18 -LRB103 38968 CES 69105 b

1applicant shall be notified and the agent applicant must cease
2all activity at the dispensing organization immediately.
3    (t) All notifications of acceptance or denial for
4applications under this Section shall be sent directly to the
5agent applicant.
6(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
7102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
9    (410 ILCS 130/100 rep.)
10    (410 ILCS 130/120 rep.)
11    Section 20. The Compassionate Use of Medical Cannabis
12Program Act is amended by repealing Sections 100 and 120.